Man With Faulty Penile Implant Has Had Erection For 10 Years

[matcom]

<snip>

PROVIDENCE, R.I. --A former handyman from North Providence who won more than $400,000 in a lawsuit over a malfunctioning penile implant may not get the money after a judge dismissed his claim.

Superior Court Judge Edward C. Clifton on Monday granted a request by the implant manufacturer's insurer to dismiss Charles "Chick" Lennon's claim, which his lawyers say will amount to $1 million with interest included.

The implant has caused Lennon to have an erection for 10 years.

The medical device maker's insurance company, National Union Fire Insurance Company, argued that since the device's now-defunct manufacturer, Dacomed Corp., can't be held liable for the device, it can't, either.

Lennon's lawyers responded on Wednesday, saying that the Rhode Island Supreme Court affirmed the award and made it clear the insurer has to pay it.

Lennon received the steel and plastic implant in 1996, about two years before the impotence drug Viagra went on the market. The Dura-II is designed to allow impotent men to position the penis upward for sex, then lower it.

But Lennon, 68, said he can't position his penis downward because the device is faulty, causing him pain and embarrassment.

"I'm suffering with it right now," he told The Providence Journal during a recent interview. "It never stops. It's like a constant headache."

In 2004, a jury awarded him $750,000. Clifton called that excessive and reduced it to $400,000. In June, the Rhode Island Supreme Court affirmed that award.

Dacomed had maintained that nothing was wrong with the implant. It filed for bankruptcy after the lawsuit was filed.

http://www.boston.com/news/odd/articles/2006/09/25/man_with_faulty_implant_may_not_get_cash?mode=PF

[terrya]

1. Good lord.

TEN YEARS??? There's nothing pleasurable in that. That would be agony.

He should have gotten $1 million, actually. Priapism is a serious medical condition.

[johnnie]

2. Oh... he got the Dura-II

That design was flawed from the get-go. He should have asked for the Mega-studamatic super shot (with quick-release limp lever).

[last_texas_dem]

3. And I thought

those warnings about four-hour erections on the Viagra commercials sounded painful...

[xchrom]

4. ok -- ten year boner aside -- another manufacturer

gets to skip off scott free for their malfunction?

[ThomCat]

5. Of course. Corporations are designed only to suck in profits.

They are never liable for anything. Didn't you know that this is the new Republican economy?

[kmla]

6. Is his nickname "Woody" by any chance?

Just askin'...

:shrug:

[Deja Q]

7. 10 years, eh? Not to hold it against him, but

couldn't he have mentioned something wasn't quite right sooner?

Or was he otherwise occupied? :evilgrin:

[skygazer]

8. "Dacomed had maintained that nothing was wrong with the implant"

Yeah, except that it didn't work right. :eyes:

[Orrex]

9. Forgive a rather graphic question

Is it actually erect in terms of vaso-congestiveness, or is it soft-and-forcibly-pointing-up?

Not that either would be much fun after ten years, but the former would seem even worse...