Patient's 8-Month Erection Not Due To Medically Negligent Urologist, Jury Rules
It took less than two hours of jury deliberations to determine that Daniel Metzgar of Newark, Del. will not receive financial compensation ater accusing his urologist of being medically negligent. As the result of post-operative complications following a penile implant, the truck driver was left with an erection for eight months.
During the week-long trial, Metzgar shared details about the eight-month erection and its embarrassing effects on his life. Metzgar went to Dr. Thomas Desperito, of Wilmington, Del., when his diabetes caused erectile dysfunction, which he was unable to resolve using other means. He received a three-piece inflatable implant in December 2009, which included inflatable cylinders inside his penis' shaft, a fluid reservoir under the abdominal wall, and a pump inside his scrotum. However, post-operative complications caused his penis to stay erect for eight months and his testicles to swell up to the size of a volleyball.
"I could hardly dance with an erection poking my partner," Metzgar told jurors. "It's not something you want to bring out at parties and show to friends."
He also spoke about how he began wearing baggy clothes, couldn't ride his motorcycle, and was unable to bend over to pick up the newspaper. His stepson, Alexander King, also spoke about the distance that grew between them because he couldn't show up at school and sporting events.
"I was — I'm sorry — highly embarrassed," King testified.
Desperito's lawyers, however, argued that complications can occur with any surgery, and Metzgar didn't act soon enough after the complications began.
But Metzgar's lawyer, Michael C. Heyden, said the doctor and his former partners didn't review hospital charts immediately following the operation, which would have shown them that his penis was swollen and erect. Heyden also said that Desperito didn't see Metzgar for two months following the operation, leading to further complications. In April 2010, Metzgar said he tried to contact the doctor with no success, and instead went to a hospital to undergo testing.
The doctor's lawyers then argued that hospital staff were unfamiliar with penile implants and poorly trained to do anything with them. Therefore, they claim, the results from the test, which included images of the swelling, did not prove negligence.
Metzgar's implant was removed in August 2010 after tubing from the prosthesis poked out from his scrotum during a family trip. He had the device replaced by a different doctor.
"We're stunned," Heyden said as he left the courthouse.