On July 18, 2011, the Los Angeles Superior Court Judge Rex Heeseman said that he would approve a $4.6 million settlement, for a child that was the victim of partial amputation during his circumcision at one week of age, as reported by the Press Telegram.
The botched surgery occurred in the Los Angeles Maternity Center of Vermont clinic on January 3, 2003.
The family currently resides in Austin, Texas. The boy is now 8 years old.
He has one brother that attended court proceedings along with his mother.
The suit was filed in 2007 by M.H., the child's mother. The suit named Miltex Inc. and its parent company, Integra Life Sciences Holding Corporation, as defendants.
After attorney fees the family is due to collect a settlement of a little over $3 million.
Dr. A.P. performed the baby's circumcision with a Miltex Mogen clamp - that removed 85 percent of the top portion of his penis.
According to court papers, "Because of the defective design of the circumcision clamp, there was no protection for the head of the penis and Dr. (A.P.) was unable to visualize the (head) when excising the foreskin. For this reason, an amputation to the (head) of plaintiff's penis occurred."
The boy requires annual pediatric urologist visits and psychiatric care, per court papers, because he must "deal with the trauma of this incident and resultant surgeries. In addition, future surgery may be required as he grows older."
Dr. A.P. is no longer involved and was dismissed as a defendant in the suit.
The attorney for the family, Browne Greene, said, "This case is one of the more extraordinary cases I have participated in during my nearly 50 years of practicing law. Through extraordinary research, diligent work-up, creative lawyering and hundreds of hours of hard work ... if we had not done such a remarkable job it is highly likely (the boy) would never have collected upon a judgment that might have been limited to $250,000."
Greene continued by stating, "In the process of this litigation, we also have exposed a danger to children which we hope to eradicate by the effects of this litigation and settlement."
Medical malpractice statutes limited the recovery in this case, per Greene in his sworn testimony, and Dr. A.P. wasn't insured.
The victim's mother, M.H., said that she approved of the settlement amount - including the $1.38 for her attorney's fees.
M.H. said, "I hope this case helps prevent this from happening to anyone else and that that warnings will be given people to let them know what could occur."
The family will be collecting $3.07 million after all fees and costs are deducted from the settlement.
M.H. is a single mother.
Defective equipment falls under the realm of product liability - an area of the law best served by a qualified personal injury attorney. Click here to contact a personal injury lawyer from our directory to talk about your case and propose a settlement.