Weird News

Doctor Not Liable for Patient’s 8-Month Long Erection
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)

On Monday, a jury in Delaware, New Castle County, ruled that an urologist could not be held liable for negligence for a penile implant where the patient, a Delaware truck driver, suffered an eight month long erection.

The jury accepted the argument of the Doctor that the staff of a hospital, where the patient, Daniel Metzgar, went after suffering swelling, was unfamiliar with penile implants, and therefore the results of their tests, including images, did not prove negligence.

Daniel Metzgar, 44, of Newark Delaware had approached urologist Thomas Desperito in 2010 for a penile implant. However, from about four months after the procedure, he began to experience discomfort and swelling and went to a local hospital. According to Metzgar, he had desperately looked for Dr. Desperito before approaching the hospital for treatment.


At the trial, Metzgar told jurors of his suffering: “I could hardly dance, with an erection poking my partner … It’s not something you want to bring out at parties and show to friends.”

Metzgar stated in the lawsuit that his social life had been severely hampered due to the constant erection, and that his stepson had grown distant as he felt uncomfortable to bring friends over. Metzgar also stopped showing up at his stepson’s school and sporting events.

He testified at the trial about the situation and said, “I was – I’m sorry – highly embarrassed.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!

The device put in by Dr. Desperito was ultimately removed when Metzgar’s scrotum was punctured by the tubing. He received an implant from another doctor, and has been okay since then.

Dr. Desperito’s lawyer, Colleen Shields praised the decision of the jury and called it an “appropriate verdict,” while Metzgar’s lawyer Michael Heyden said “We’re stunned.”


Interesting Legal Sites You May Like




Search Now

Mid-level Litigation Attorney with motions experience


Seattle office of our client seeks mid-level litigation attorney with 3-5 years of experience, inclu...

Apply Now

Environmental /Land Use Attorney with 2-3 years of experience

USA-CA-San Francisco

San Francisco office of our client seeks environmental /land use attorney with 2-3 years of experien...

Apply Now

Litigation Attorney with 2-5 years of insurance defense experience


Jacksonville office of our client seeks litigation attorney with 2-5 years of previous insurance def...

Apply Now

Attorney with 5+ years of complex litigation experience


Detroit office of our client seeks attorney with 5+ years of complex litigation experience. The cand...

Apply Now


Experienced Insurance Defense Attorney Needed


Insurance Defense firm (with 15 attorneys in Suffolk and Mineola location), seeks attorneys with 5+ ...

Apply now



INSURANCE DEFENSE / TRANSPORTATION LITIGATION Law firm located in North Houston seeking an associ...

Apply now

Hotline & Training Managing Attorney (IMMIGRATION)

USA-NY-New York City

Summary: The Hotline & Training Services Managing Attorney will guide, develop, and supervise the Ho...

Apply now

Legal Assistant / Paralegal


Our  law firm is currently seeking a qualified applicant to fill the position of a Legal Assist...

Apply now

Most Popular


To Top