Delaware Jury Finds No Medical Negligence in Penile Implant

June 19, 2013

A jury in Delaware has ruled that no medical negligence was committed in a penile implant procedure that the patient said left him with an 8-month erection.

A New Castle County Superior Court jury ruled on Monday that urologist Dr. Thomas Desperito was not negligent in the procedure he performed in December 2009 on truck driver Daniel Metzgar.

Metzgar and his wife, Donna, had sought unspecified damages from Desperito and his medical group. He had testified that the procedure caused him to withdraw from much of life, wearing long, baggy sweat pants and a long shirt to hide his condition.

The News Journal of Wilmington reported that Desperito hugged his attorney after the verdict. He declined to comment.

Metzgar’s lawyer, Michael Heyden, said he was stunned at the verdict.

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