I know there are lots of people out there who regularly scream about how trial lawyers are destroying the world through lawsuits. And doctors are having trouble keeping up with their malpractice insurance payments. But here's a case where I think you'll agree the award isn't enough.
Four years ago, a boy had part of his penis cut off during a circumcision. The part could have been reattached if his pediatrician had acted quickly enough to do so, according to the plaintiff. A Georgia jury agreed and awarded $1.8 million to the boy and $500,000 to his mother. Their names are being kept private, but the doctors' names aren't. They are "Haiba Sonyika, the obstetrician who performed the circumcision, and Cheryl J. Kendall, the pediatrician who treated the child later." The hospital was not found to be at fault.
See, this is a big screw-up, especially the part about the pediatrician not doing enough to re-attach the, um, piece. This is assuming that the jury's verdict is accurate; I don't know the specifics of the case, so I'm going by the article I read.
I'm always curious how a jury comes up with an amount of money in cases like this. This time, the mother received $500,000 for psychotherapy, and the $1.8 million for the boy "was based on a per-day formula for the child's life expectancy."
The attorney for the plaintiffs, David J. Llewellyn, "has been representing victims of wrongful circumcision and genital injury since 1995." So calling him "some dickhead lawyer" isn't an insult. (Sorry. But sometimes they make it so easy.)
Also interesting was the defense team's strategy of loading the jury with women. Another attorney for the plaintiff, Craig T. Jones, thought this wasn't going to work. "I figured if you have one man on the jury, he can explain to the women -- if they don't know -- how important a penis is to a man's self-image." Yeah, even if they don't, I would say cutting off anything that you weren't supposed to during an operation is a bad idea.
Source: Law.com
Image: SXC
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Parents Forgo Circumcision to Save Money