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A man in New Mexico has been awarded the biggest medical payout in history after doctors ‘irreversibly’ damaged his penis.
The patient, who has not been named, was conned into having unnecessary injections into his genitals by a clinic that preyed on elderly men.
He can no longer get an erection and must sit down to urinate because his penis has become enveloped in thick scar tissue.
The victim, who was 66 at the time, had visited NuMale Medical Center in Albuquerque in 2017 seeking treatment for fatigue and weight loss.
According to a lawsuit filed in 2020, the man was coaxed into getting ‘invasive erectile dysfunction shots’ to his penis multiple times per week.
The lawsuit claims the injections caused permanent damage to the man’s penis.
Lawyers representing the plaintiff said: ‘His impotence is permanent and the damage is completely irreversible.’
This week, after a four-year legal battle, the now 72-year-old was awarded $412million in damages, the largest medical malpractice payout from a jury in US history.
The second biggest was in 2006, when former basketball player Allan Navarro was awarded $216.7million after doctors in Florida misdiagnosed his stroke as a headache, leaving him with brain damage.
Lori Bencoe, one of the lawyers who represented the plaintiff, said: ‘It’s a national record-setting case and it’s righteous because I don’t think there’s any place for licensed professionals to be defrauding patients for money. That is a very egregious breach of their fiduciary duty.
Nick Rowley, another attorney representing the man, said on Instagram that the man was sent home with a ‘dangerous chemical’ injected into his penis and was not given an antidote.
It’s unclear which chemicals were used in the injections.
The award follows a trial that took place last month based on the lawsuit filed on behalf of the man in 2020. NuMale did not admit wrongdoing and did not comment on the findings.
Mr Rowley said patients were told that they had to have at least three shots per week or they would suffer irreversible harm.
Brad Palubicki, NuMale Medical Center President, told the Associated Press that the company’s focus is on continuing to deliver responsible patient care while maintaining strict safety and compliance standards at all of its facilities.
He said: ‘While we respect the judicial process, due to ongoing legal proceedings, we cannot comment on specific details of the case at this time.’
NuMale also has clinics in Colorado, Florida, Illinois, Nevada, Nebraska, North Carolina and Wisconsin.
Its Albuquerque clinic specializes in erectile dysfunction and testosterone replacement, as well as weight loss and hair replacement, according to the website.
The company was launched in 2013 and claims to treat over 100,000 patients.
The Albuquerque clinic has an average of 4.4 stars out of 54 Google reviews.
Erectile dysfunction injections are meant to relax muscles in the penis and open up blood vessels, leading to increased blood flow and erections. They typically work within five to 15 minutes.
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“While we respect the judicial process, due to ongoing legal proceedings, we cannot comment on specific details of the case at this time,” he said.
NuMale also has clinics in Colorado, Florida, Illinois, Nevada, Nebraska, North Carolina and Wisconsin.
According to court records, jurors found that fraudulent and negligent conduct by the defendants resulted in damages to the plaintiff. They also found that unconscionable conduct by the defendants violated the Unfair Practices Act.
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The lawyers said their client went through multiple rounds of medication and procedures, and he underwent surgery by an unqualified physician assistant.
In a statement, the attorneys said this unprecedented verdict sends a powerful message that “medical providers cannot prioritize profits over patients’ well-being without being held accountable.”
NuMale Medical Center told KRQE News 13 that they “disagree with the verdict and intent to pursue all available legal remedies, including appeal.”
View the entire article at Albuquerque News
View the entire article at KOB
Kansas
Missouri
United States District Court, District of Kansas
United States District Court, Western District of Missouri
United States Court of Appeals, 10th Circuit
University of Kansas, Lawrence, Kansas,
B.A. Political Science
Creighton University School of Law
– Omaha, Nebraska, J.D.
Thomas J. Dickerson is a passionate Kansas City personal injury lawyer and advocate with a strong moral compass. Tom believes in the importance of standing up for individual people and their families against wrongdoers and the insurance companies that defend this wrongful conduct. Tom routinely takes this battle into the courtroom and has tried a significant number of trials, including personal injury trials on transportation collisions, construction zone accidents, boating accidents, premises liability, medical malpractice, dog bites, property damage, and consumer protection matters.
Tom was born in St. Louis, Missouri and raised in Overland Park, Kansas. Tom started doing legal work when he was only 19 years old, working for the head of litigation at a mid-size firm that defended large financial institutions. In that position, Tom obtained invaluable experience seeing how some of the largest corporations in the country approached legal cases against everyday people. After seeing numerous cases where everyday people faced insurmountable odds against big business, Mr. Dickerson decided to dedicate his career to standing up for regular, hard-working people and their families. He fights to protect their rights and helps them obtain justice and fair compensation for their injuries and damages suffered due to the negligence of others. Tom started the Dickerson Oxton Law Firm with Chelsea Oxton Dickerson in 2010.
Tom has extensive experience in motor vehicle accidents, medical malpractice and nursing home negligence, catastrophic injuries, wrongful death, dog bites, job-related injuries, insurance disputes, and consumer protection matters.