The plaintiff underwent voluntary (non-religious) circumcision at the hands of the physician who had delivered him only two days earlier. During the procedure, performed in a major hospital, the defendant inadvertently severed a portion of the tip of the plaintiff’s glans penis.
The plaintiff was transported by ambulance to Children’s Hospital in Boston where he underwent emergency reanastamosis of the severed tip. The procedure was highly successful, but a small degree of tissue loss and a minor hypospadeous resulted.
The defense contended, notwithstanding the unfortunate nature of the occurrence, that the reattachment procedure was highly successful and that no long-term physical impairment or limitations were likely to be experienced by the plaintiff in later life.
The plaintiff was prepared to offer evidence at trial that in the event the plaintiff became self-conscious of the injury during adolescence, lowered self-esteem and other psychological issues were likely to manifest. Plaintiff’s expert, a leading authority in the area of adolescent psychiatry, was prepared to testify that in addition to counseling which may benefit the minor plaintiff in later life, his parents, as the plaintiff’s primary caretakers and nurturers, would also greatly benefit from counseling, designed to educate them in addressing potential questions or concerns of their son in later life. Counseling was also expected to involve recommendations for resolving the questions of siblings, old-enough to appreciate the injury suffered by their younger brother.
The case was settled following lengthy negotiations conducted before and following a full day of mediation.
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