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Kline & Specter Personal Injury Blog

Wednesday, October 12, 2011

Product liability payout in circumcision case

A botched circumcision has resulted in a $4.6 million legal settlement -- but not against the doctor who performed the procedure. The incident occurred more than eight years ago at a Vermont maternity center when a Miltex Mogen clamp used by a doctor removed 85 percent of the top of a week-old boy's penis. The child's family claimed in a lawsuit that the clamp was defective because it afforded no protection to the top of the penis and didn't allow the doctor to visualize it when excising the foreskin. The doctor was dismissed as a defendant in the case but held liable was Miltex Inc. and its parent company, Integra Life Sciences Holding Corp. A judge recently approved the settlement. The boy must visit each year with a pediatric urologist and may require future surgeries while also getting psychiatric care to deal with the trauma of the incident, according to a news report of the settlement. Medical malpractice statutes appeared to limit recovery in the case to only $250,000, but as a product liability case, attorneys for the family were able to recover more. Get more information about product liability lawsuits.

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posted by Bob Zausner at 6:36 AM