Strollerderby

Family Awarded Millions For Circumcision Mistake

Posted by Brett Singer

A Georgia jury awarded over 2 million dollars to a boy and his mother over a botched circumcision. Not enough.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

Read more:

Woman Will Go Free If Son Comes Back To Life

Texas School Accused Of Student Cage Fighting

Abortion Ads On Television?

Parents Forgo Circumcision to Save Money



+ DIGG + STUMBLE

Comments

 

leahsmom said:

I think the issue must have been with the failure to reattach, rather than the initial mistake? Usually, you shouldn't be able to recover for an error - you should only be able to recover for an error that no qualified doctor would make. So it's not even the "cutting off" that is the legally-defined fault - it's the failure to do anything to remedy it.

April 2, 2009 10:18 AM
 

maeby said:

That kid deserves more than that. He's going to need therapy for the rest of his life. ESPECIALLY when he's a teenager and a man. This is terrible.

April 2, 2009 1:23 PM
 

oboau said:

Every day, thousands of American boys have part of their penis cut off during a circumcision.

So this is the understatement of the century:

"Four years ago, a boy had part of his penis cut off during a circumcision."

April 2, 2009 5:09 PM
 

Amber said:

I'm so grateful whenever I read something like this that I did not have this procedure done on my son.

April 2, 2009 6:48 PM
 

Mark Lyndon said:

Oboau got there first, but every circumcision involves part of the penis being cut off.  The foreskin isn't just there to protect the glans.  The inner foreskin and frenulum are in fact way more sensitive than the glans.

The record payout for a botched circumcision is $22.8 million.  It was said at the time that the victim "will never be able to function sexually as a normal male and will require extensive reconstructive surgery and psychological counseling as well as lifelong urological care and treatment by infectious disease specialists."

Sure, cases like that are very rare, but why should they happen at all?  Some babies die from circumcision, so why are people still doing it?  If you look up the galleries of botched jobs, one thing that may surprise you is just how many jobs were botched cosmetically, rather than medically.  Skin tags and skin bridges and hair growing half way up the shaft are not normal, but would not be counted as medical complications.

April 2, 2009 7:43 PM
 

Allie said:

"Some babies die from circumcision, so why are people still doing it?"

Well, yes. But people also die from childbirth, driving cars, eating unhealthy food, smooking, amusement park rides ...

April 2, 2009 9:45 PM
 

a man said:

except allie, thos things "benefit" you/give pleasure.

circumcision is just plain stupid.

April 3, 2009 7:28 PM
 

steve said:

to "a man: Fuck you.

April 19, 2009 7:19 AM

About Brett Singer

Brett Singer is a writer and father living in Manhattan with his wonderful wife and two terrific sons (referred to here as Thing 1 and Thing 2). He writes about music for the Boston Phoenix, parenting for Babble and daddytips.com, and other topics for anyone else who will have him.

in

GROUP BLOGS

  • Strollerderby

    The smartest, funniest, most exhaustive parenting blog in the blogosphere.
  • Droolicious

    Modern design for modern parents.
  • FameCrawler

    Your daily baby celebrity fix.
back to blog homepage