Facts

Plaintiff, retired auto worker Mr. Miguel Pulido, had erectile dysfunction for which he treated with Dr. Stephen Auerbach in 1997. He tried many conservative, non-surgical treatments for his erectile dysfunction with some success.

Ultimately, in May 2001, Mr. Pulido decided to have a penile implant placed by Dr. Auerbach. it was placed in December 2001 without complication. He was followed by Dr. Auerbach for a couple of months postoperatively without any signs or symptoms of infection. The plaintiff presented to Dr. Auerbach's office in July 2002 with the pump eroding through his scrotum and clear signs of infection. The implant had to be removed and now the patient is completely impotent. There are no further treatment options available to him.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was not an appropriate candidate for the penile implant given that he was having success utilizing Viagra. Given his "out of control diabetes," he was not an appropriate medical candidate for the placement of a foreign body, i.e., an implant. Specifically, plaintiff's glycohemoglobin a month prior to surgery was in excess of 10 which, according to plaintiff, was a contraindication to a penile implant and put the patient at an unacceptably high risk for infection.

DEFENDANT'S CONTENTIONS:
The defense maintained that the patient was an appropriate candidate for an elective procedure and that he made an informed decision about the penile implant. Furthermore, defendant contended that the patient's diabetes was not out of control. Finally, it was appropriate to proceed given the fact that Dr. Auerbach obtained medical clearance prior to proceeding.

Result

Defense verdict.

Deliberation

one hour

Poll

12-0

Length

seven days