Jury Awards Plaintiff $9.5 Million for Permanent Damage From Erectile Dysfunction Treatment (3)
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But the erection didn’t dissipate and soon became painful. By Monday morning, Howard still had the erection and it had become more painful, so he visited the clinic. The clinic’s staff removed blood from his penis in attempt to provide relief, but that procedure did not work. Howard was sent to Piedmont Hospital’s emergency room. Howard eventually learned that the clinic’s medicine had caused fibrosis and scar tissue to form.
As a result of the fibrosis, Howard is now unable to have a normal erection. He can have an erection after using Viagra, although it is not a “complete” erection, Orr said.
Each side relied on one key expert witness during trial, Orr said. Orr’s witness was J. Francois Eid, a New York-based urologist who specializes in prosthetic reconstruction. The defense called Neal Shore, a Myrtle Beach, S.C.-based urologist.
Orr said that, during his cross-examination of Shore, he asked the urologist to identify the first line of treatment for erectile dysfunction. After Shore responded that injections were the first line of treatment, Orr presented Shore with a copy of a page from the Web site of Shore’s clinic that said oral medications like Viagra are the first line of treatment. Orr also said he had printed the page the previous night from the Web site of Shore’s clinic.
The clinic’s attorneys said that Howard waited too long — more than 36 hours — after he self-administered the first injection and first experienced pain before he sought help from the clinic’s staff. “The main argument I tried to make during closings is that there was a substantial delay in seeking assistance,” said Herman, counsel to Boston Men’s Health Center. “Had medical assistance been sought sooner, it was more likely than not that the damage would have been avoided.”
Herman also said that while he respected the jury’s decision, he was “very disappointed” that the jury found that fraud was committed, and “particularly with respect to the amount of punitive damages they assessed.” Hawkins & Parnell partner Assunta S. Fiorini was co-counsel with Herman on the case.
The other named defendants, Boston Medical Group-Georgia Inc. and physician William Powell, settled before and during the trial. Terms of the settlements were not disclosed. Boston Medical Group-Georgia is the Georgia-based subsidiary of Boston Men’s Health Center.
Hall Booth Smith & Slover partner Jack G. Slover Jr., co-counsel to Boston Medical Group-Georgia, declined comment on the settlement.