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A JURY PLACES A $$$ AMOUNT ON PD LIKE CONDITION
After a 6 day trial, a jury awarded an Ellenwood, Georgia man
$750,000 in compensatory damages and 8.5 million in punitive
damages resulting from an Erectile Dysfunction ED) treatment.
They found that the defendant, Boston Medical Group (BMG),
acted with "intent to harm". As a result of their treatment, the
plaintiff developed scarring and fibrotic changes to his penis
making a normal erection possible (The public documents do not
provide a medical term for his condition, but it sure sounds like PD
to me).
Before Viagra, Levitra, and Cialis, the most effective ED treatment
was via injections directly into the penis resulting in a
pharmacologically induced erection.
In the late 1970s a surgeon accidentally injected paperverine (a
vasoactive agent – a substance that influences the tone and caliber
of blood vessels) into an area near his patient’s penis and noticed
that it resulted in an erection lasting approximately 2 hours. It was
not too long after that this substance became one of the most
popular treatments for men with ED. Another similar medication,
Prostaglandin E1 is a naturally occurring vasodilator also used to
cause an erection. Although these substances are very effective in
producing erections, there are some potentially very serious side
effects, mainly permanent damage to the penis.
The Journal of Urology, July 1994 reports that intravenous
injections of vasoactive medications may cause fibrosis of the
penis in the tunica albuginea or corpus cavernosum often resulting
from misuse of papervernine. Although rare, the authors report on
one man’s experience where the intracorporeal self injection of
Prostaglandin E1 for ED resulted in the development of PD like
scarring.
Let’s fast forward 2006 when John Henry Howard, a 53 year old
truck driver who suffered from ED, responded to a radio ad from
BMG that promised "sex for life."
Facts about BMG -
- operate 22 clinics in 12 states and an additional 6 clinics in
foreign countries - they have been sued 2 other times and the cases were settled
out of court - subject to two Better Business Bureau complaints in the last 3
years and both were settled
According to Plaintiff - Mr. Howard went to the clinic to be treated
for his ED and premature ejaculation. While in the waiting room, he
saw a number brochures warning of the inherent danger of taking
oral medications for his condition. He was led to believe that the
treatment provided by the BMG would be painless and entirely
safe. He was advised that their medication consisted of a "secret
formula" which turned out to be essentially papaverine and was
described as cure for his condition . Plaintiff was injected at the
clinic and was so satisfied with the results that he ordered a six
month supply via mail for $1210 and told to inject himself 3X
weekly.
Two weeks later, on a Saturday, he received the medication in the
mail and injected himself. The result was what Mr. Howard
described "the best erection of his life and the stuff was
incredible." By the following Monday, his Saturday erection has
not dissipated and was painful, so he went to the BMG clinic and
they drained some blood from his penis and sent him to a hospital
emergency room. The end result was permanent damage to his
penis whereby he is unable to have a normal erection. According
to Mr Howard’s attorney, after the trial ended, 10 of the 12 jurors
gave him (the attorney) a hug. The attorney described the
outcome as one of the greatest moments in his whole career.
According to the Defendant – Mr. Howard was given proper
instructions on the use of their medication and the permanent
damage resulted because he simply waited to long before seeking
medical treatment. A urologist testifying for the defense stated that
injections were the first line treatment for ED. However, the
plaintiff’s attorney produced a copy of the web site from the clinic
of this very same defendant’s urologist which advised that oral
medications were the first line treatment.
