Jury Awards Plaintiff $9.5 Million for Permanent Damage From Erectile Dysfunction Treatment (1)
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W. Fred Orr II couldn’t stop smiling last weekend after he obtained a $9.25 million jury verdict on Friday in favor of a man he called “the most courageous client” he’s ever had.
It’s easy to understand why Orr’s client, John Henry Howard, is brave — Howard sued an Atlanta men’s clinic after its erectile dysfunction therapy caused permanent damage to Howard’s penis.
“He was willing to take the stand and testify in an open courtroom about his private life,” Orr said. “God knows how many other John Henrys are out there.”
Before and during trial, Orr settled with two of the three named defendants. Boston Men’s Health Center Inc. was the defendant hit with the verdict. The company’s counsel, Hawkins & Parnell partner Alan F. Herman, said a decision has not been made whether to appeal or to file a motion for a new trial.
The jury of six men and six women found in favor of Howard following a six-day trial before DeKalb State Court Judge Wayne M. Purdom, awarding $750,000 in compensatory damages. After further deliberations, the jury levied $8.5 million in punitive damages against the company and found that the defendant acted with an intent to cause harm. Orr said he had asked for $6.75 million in punitive damages.
Howard’s saga began in September 2006, when the 53-year-old Ellenwood, Ga., truck driver responded to a radio advertisement by Boston Medical Group, which promised “sex for life,” Orr said.
Boston Men’s Health Center Inc. is an Altamonte Springs, Fla.-based company that owns 22 clinics in 12 states and the District of Columbia, Orr said. Its clinics are operated under the name Boston Medical Group. The company was founded in 1999 by Quoc Ha, who serves as the company’s chief executive and continues to control Boston Men’s Health Center through offshore companies, Orr said.