After Penis Implant, Man Sues Over 8-Month Erection - Legally Weird
Legally Weird - The FindLaw Legal Curiosities Blog

After Penis Implant, Man Sues Over 8-Month Erection

A New Jersey man's penis implant lawsuit cropped up after his alleged eight-month erection. Let's call it the impending made-for TV movie "The Great Stick-Up: A Different Kind of Shootout." (Spoiler alert: The remedy sought doesn't involve Lorena Bobbitt).

Daniel Metzgar, a trucker who fell on hard times from an allegedly faulty penile implant, is suing the doctor for medical malpractice, reports UPI.

Daniel Metzgar's 2009 surgery involved a three-piece inflatable penile implant, with cylinders placed inside the penis' shaft, a fluid reservoir implanted under the abdominal wall, and a pump put in the scrotum.

But things took a turn for the worse, and Metzgar was left with a permanent erection, his lawsuit asserts.

Undue Hardship?

Jokes aside, Metzgar got the surgery to rekindle his love life, but has been unable to complete ordinary activities like getting the paper in the morning, riding his motorcycle, and attending family events. He feels embarrassed and uncomfortable.

"I could hardly dance, with an erection poking my partner," Metzgar told jurors when he took the witness stand, according to The News Journal. He said he also had to wear baggy sweatpants and a long shirt to hide his situation.

Medical malpractice lawsuits are based on allegations of negligence. In essence, a patient is alleging that a doctor failed to act reasonably. And because of it, the patient was either misdiagnosed or mistreated, resulting in injury.

In cases of negligent surgery, usually the physician performing the operation is held liable. But the hospital and any staff involved can be, as well. When it involves a device, the manufacturer might be on the hook.

Not surprisingly, the doctor thinks Metzgar is being too hard on him.

The Doctor's Defense

Dr. Thomas J. Desperito, the urologist who performed the surgery, denies responsibility, saying that bad results are not always the fault of one procedure or doctor.

Desperito's attorneys say Metzgar should have known something was wrong after the surgery when he said his scrotum swelled to the size of a volleyball, reports UPI. Instead, he allegedly kept mum until April.

Desperito also alleges that when he found out about a possible infection and the permanent erection, he advised Metzgar that the prosthesis had to be removed -- but that Metzgar gave him the shaft.

Metzger had the device removed in 2010, after its tubing punctured his scrotum while on a family trip in Niagara Falls. Since then, Metzgar has received a replacement prosthesis. But he claims his first surgery left him "50% smaller" with less sensation.

Metzgar and his wife are seeking unspecified damages from Desperito and his medical group.

The lesson learned by Metzger and Desperito alike: What goes up, must come down.

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