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Wednesday, September 08, 2010
  Medical Malpractice - Enlargement Surgery Goes Wrong 

XIX/14-1S MEDICAL MALPRACTICE PENILE ENLARGEMENT SURGERY SCARRING, SHORTENING, AND DEFORMITY OF THE PENIS, IMPOTENCE

SETTLEMENT: Christopher S. v. Jonathan Schwartz 11318/98 Date of Settlement 6/15/01 Queens Supreme

Pltf. Atty: James S. McCarthy of Daniel Buttafuoco & Associates, Woodbury.

Deft. Atty: David S. Pallai of Charles X. Connick, Mineola.

This action settled for $500,000 after Deft’s testimony at trial. Pltf., a 21-year-old bail bondsman, underwent penis enlargement surgery, which was performed by Deft. Pltf. claimed that following the surgery he suffered impotence as well as scarring, shortening, and deformity of the penis. He underwent three corrective procedures. Pltf. claimed that Deft. failed to obtain his proper informed consent and that the procedure was unsafe and contraindicated and should not have been performed. Deft. argued that he had obtained Pltf. s proper informed consent and that Pltf. had signed a 4-page consent form. He contended that Pltf.'s injuries were a known risk of the procedure and that the procedure was performed properly. Carrier: MLM.




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