Daniel Metzgar had a problem that wouldn’t go away.
The Newark truck driver lived with an erection that lasted about eight months – a result of a botched surgical procedure by a Wilmington urologist who performed a penile implant on him in 2009, according to a medical malpractice lawsuit being heard this week in New Castle County Superior Court.
Wherever the 44-year-old went, his condition got in the way, said Metzgar’s attorney, Michael C. Heyden. Retrieving the morning newspaper became a problem. Riding his motorcycle was, too. Even family events became uncomfortable because, as Heyden put it, “Dan is stuck in this position.” The source of the issue was a three-piece inflatable implant, consisting of inflatable cylinders inside the shaft of the penis, a fluid reservoir under the abdominal wall and a pump inside the scrotum.
Attorneys for the urologist, Dr. Thomas J. Desperito, argued during Monday’s opening statements that sometimes, bad medical results occur through the fault of no one. They suggested Metzgar should have known something was wrong after he had the surgery, when, he said, his scrotum swelled to the size of a volleyball. Instead, he didn’t report anything amiss until April. Metzgar said he’d been told there would be swelling, so he thought it was normal...
Metzgar testified Monday he has gotten a replacement prosthesis from another doctor. While this device works, Metzgar said, the scar tissue from the first surgery left his member about 50 percent smaller, and he does not experience the same level of sensation.
June 17, 2013 Update - Jury: No negligence in penile implant procedure
It took jurors less than two hours to decide no medical negligence was committed in a penile implant procedure that a lawsuit claimed left a Newark truck driver with an eight-month erection.“We’re stunned,” Attorney Michael C. Heyden said as he and his clients left the New Castle County Courthouse. His client, Daniel Metzgar, who gave attention-grabbing statements during his testimony, had no comment...
The jury of six men and six women deliberated for about 45 minutes on Friday and just under an hour Monday morning when they sent out a note asking to see a model of the penile implant. But as Superior Court Judge M. Jane Brady was attempting to gather attorneys to prepare to answer the question, the jury forewoman informed the bailiff that they had reached a verdict.
In court, the clerk asked the forewoman one question: “Did the jury find that the defendant was negligent?”
“No,” she answered and with that the case was over and the parties were dismissed.
Metzgar showed no apparent emotion and quickly left the courtroom with his wife, Donna, and their attorney after Brady left the bench.
Desperito hugged his attorney following the verdict.
Shields, who stood next to her client and co-counsel, Christopher C. Popper, said they were pleased for Desperito. “We think the jury reached the right result in this case,” she said. “We’re pleased. The system worked.”
Desperito declined comment.
Jurors in the case also declined comment, one juror saying they had all agreed not to speak about the case to the media.