JURY AWARDS 1.5 MILLION DOLLARS FOR PROSTRATE PROCEDURE THAT LED TO PATIENTS INCONTINENCE
VERDICT OF THE WEEK
Case: Larence Coburn v. Jamshid Tehrany, M.D.
Court: Kings Supreme
Judge Michelle Weston Patterson
Plaintiff Attorney(s) Daniel C. Minc; Rosenberg, Minc, Falkoff & Wolff, LLP, New York, NY
Defense Attorneys: Andrew S. Garson; Garson, Gerspach, DeCorato & Cohen, L.L.P., New York, NY
Plaintiff Lawrence Coburn 62, presented to Dr. Jamshid Tehrany with urinary frequency. Tehrany indicated that the condition was caused by a prostate obstruction of Coburn's urinary tract by shaving the prostate gland via a transurethral resection of the prostate, which access through the prostate to remove obstructive material.
The procedure was performed and Coburn subsequently developed urinary incontinence. Coburn contended that Tehrany damaged the sphincter muscle of the urethra, which controls urinary incontinence. He also argued that the transurethral resection of the prostate was contraindicated by a prior radioactive seed implantation of the prostate-which elevated the likelihood of urinary incontinence.
Tehrany claims that Coburn had pre-existing severe urinary frequency and pre-existing countenance, both of which stemmed from prior radiation treatment. He contended that Coburn's incontinence was not due to the transurethral resection of the prostate. He also argued that test performed in 2002 demonstrated that there had not been an injury to Coburn's think their muscle, and that the muscle function properly.
INJURIES: incontinence- Coburn urinary incontinence requires him to wear adult diapers.
RESULT: the jury found that town he deviated from except local medical practice by forming the transurethral resection of the prostate procedure despite Coburn's prior history and increased risk of developing incontinence. The jury also found that Coburn's incontinence was caused by the transurethral resection.