Wood Smith Henning & Berman announces a significant defense verdict in a complex medical malpractice case involving allegations that a urology procedure caused permanent sexual dysfunction. The physician defendant was represented by Partner Ryan Deane, who led the defense through a highly scrutinized trial centered on issues of new to market invasive procedures, informed consent, documentation and resulting sexual dysfunction.
This marks Deane’s fourth defense verdict in the past 20 months, underscoring his continued success trying high stakes cases on behalf of professionals.
After deliberating for less than thirty minutes, the jury returned a defense verdict in favor of the defendant, finding no breach of the standard of care and that the Plaintiff had adequately been informed about the risks and benefits of the procedure.
The plaintiff alleged that he was misled by his physician and informed that a new urologic procedure to remove prostate tissue had no risk of sexual dysfunction. Plaintiff maintained that he made it clear to his physician that he would not undergo any procedure that risked injury to his sexual function and would not have agreed to undergo the procedure if he had understood that risk. Plaintiff inferred that the physician was eager to perform the new procedure in order to advertise to an expanding patient base and did not take into account his specific concerns. After the procedure, Plaintiff suffered from ejaculatory dysfunction and loss of the ability to experience orgasm. Key components of the Plaintiff's case focused on the lack of a written consent form utilized by the physician or the facility where the procedure was performed as well as the undisputed sexual dysfunction injuries.
Deane and the WSHB team conducted a comprehensive review of the medical records, clinical decision-making, and expert testimony. Through careful examination and understanding of the contemporaneous record, the defense was able to show that Plaintiff had disruptive lower urinary tract symptoms for which he desired surgical intervention as a means to alleviate these symptoms. Through effective cross examination, the defense was able to show that Plaintiff had previously agreed to undertake risks in a variety of treatments, medications and procedures, some of which carried with them the risk of sexual dysfunction. The defense further demonstrated that the Defendant physician was a reasonably competent practitioner and would not have moved forward with the procedure unless the Plaintiff understood the procedure and its risks and benefits, even those risks specific to this particular Plaintiff. The defense also focused on a common sense understanding of how individuals act every day in filling out and signing consent forms versus the more in-depth face to face interactions with their prescribing and treating physicians.
The jury’s swift defense verdict underscores the strength of the defense presentation in the face of incredible sympathy afforded an individual who lost sexual function and reflects the panel’s conclusion that the physician acted reasonably and within the standard of care.
“This case required careful education of the jury on both the medicine and the realities of clinical documentation,” said Deane. “The evidence showed that the physician exercised sound judgment, had a face to face and informed discussion with his patient and provided appropriate care. We are proud to stand behind our client and the care he delivered.”
Firmwide Managing Partner Stewart Reid added, “Ryan’s fourth defense verdict in twenty months speaks to his courtroom discipline, preparation, and ability to contextualize complex medical issues for jurors. We are proud of the result and of the trial work that continues to define WSHB’s professional liability and medical malpractice practice.”
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