NATURE OF CASE:

Medical Malpractice; botched circumcision

INJURIES ALLEGED:

Partial amputation of tip of glans penis during elective circumcision of a newborn.

NAME OF CASE:

Withheld.

COURT:

United States District Court

JUDGE:

Michael A. Ponsor

AMOUNT OF AWARD / SETTLEMENT:

Structured settlement, with payments totaling $1.26 million, present cash value $550,000.00.

ATTORNEYS FOR PLAINTIFF:

Eric J. Parker, Susan M. Bourque: PARKER | SCHEER LLP, Boston, Massachusetts

CASE SUMMARY:

On September 3, 1994, two days after the birth of a healthy, African American, baby boy, the defendant, a pediatrician, visited the child's parents and offered to perform an elective circumcision on the minor. While the mother was initially reluctant, she ultimately was persuaded by the defendant that circumcision was medically advisable. At no time during their discussion did the Defendant ever mention or note any pre-existing condition or anomaly that added any additonal risk to the circumcision procedure. The Defendant assured the parents that he had successfully performed numerous circumcisions in the past without incident. On September 3, 1994, the Defendant performed an elective neonatal circumcision on the minor, using a Mogen clamp.

During the procedure, the Defendant inadvertently amputated a portion of minor's glans penis. The Defendant attempted to repair damage by closing a portion of the glans with three 5-0 chromic sutures. As a result, the minor sustained a loss of tissue on his glans penis, measuring five by four millimeters. At no time did the Defendant request or otherwise recommend surgical repair by a pediatric surgeon, which, plaintiff's expert was prepared to testify, would likely have improved the cosmetic result and reduced the degree of resulting hypospadias.

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