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Man with 10 year erection may not get cash after all
ABC ^
| 9/27/06
Posted on 09/27/2006 11:45:29 AM PDT by Borges
A former handyman from North Providence who won more than $400,000 in a lawsuit over a malfunctioning penile implant may not get the money after a judge dismissed his claim.
Superior Court Judge Edward C. Clifton on Monday granted a request by the implant manufacturer's insurer to dismiss Charles "Chick" Lennon's claim, which his lawyers say will amount to $1 million with interest included.
The implant has caused Lennon to have an erection for 10 years.
The medical device maker's insurance company, National Union Fire Insurance Company, argued that since the device's now-defunct manufacturer, Dacomed Corp., can't be held liable for the device, it can't, either.
Lennon's lawyers responded on Wednesday, saying that the Rhode Island Supreme Court affirmed the award and made it clear the insurer has to pay it.
Lennon received the steel and plastic implant in 1996, about two years before the impotence drug Viagra went on the market. The Dura-II is designed to allow impotent men to position the penis upward for sex, then lower it.
But Lennon, 68, said he can't position his penis downward because the device is faulty, causing him pain and embarrassment.
"I'm suffering with it right now," he told The Providence Journal during a recent interview. "It never stops. It's like a constant headache."
In 2004, a jury awarded him $750,000. Clifton called that excessive and reduced it to $400,000. In June, the Rhode Island Supreme Court affirmed that award.
Dacomed had maintained that nothing was wrong with the implant. It filed for bankruptcy after the lawsuit was filed.
TOPICS:
KEYWORDS: boner; faultytower; hardtimes; hatrack; mrtripod; nopointgoingon
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To: PatrickHenry
41
posted on
09/27/2006 11:53:45 AM PDT
by
MeanWestTexan
(Kol Hakavod Lezahal)
To: Borges
42
posted on
09/27/2006 11:53:48 AM PDT
by
My2Cents
(A pirate's life for me.)
To: Rightly Biased
Or make two porno films back to back, whichever...
43
posted on
09/27/2006 11:54:03 AM PDT
by
GreenAccord
(I'm GreenAccord and I approved of this message)
To: Robwin
About two months after the surgery, Doe began to have problems with the device. On August 6, 1997, plaintiff filed in federal district court a complaint against Urohealth for strict liability, negligence, and breach of warranty. His complaint alleged that the Dura-II implant caused him pain, made noises, and would not operate properly.Dr. Alan Podis according to the court papers. Implantee listed as John Doe in the above.
44
posted on
09/27/2006 11:54:07 AM PDT
by
Tijeras_Slim
(1 year guarantee against congenital defects.)
To: SlowBoat407
45
posted on
09/27/2006 11:54:29 AM PDT
by
My2Cents
(A pirate's life for me.)
To: 1riot1ranger; al baby; albee; Argh; AtomicBuffaloWings; beaureguard; bedolido; beezdotcom; ...
The Salacious Ping List reminds you that no matter what your wife says, 10 years is not good!
46
posted on
09/27/2006 11:54:44 AM PDT
by
Xenalyte
(Viva España!)
To: nuconvert
I would imagine he has become quite "attached" to it by now.
47
posted on
09/27/2006 11:54:48 AM PDT
by
Old Professer
(The critic writes with rapier pen, dips it twice, and writes again.)
To: Borges
Antidote
48
posted on
09/27/2006 11:55:08 AM PDT
by
Cobra64
(Why is the War on Terror being managed by the DEFENSE Department?)
To: wagglebee
I suspect the judge dismissed this lawsuit out of jealousy.
That, and the judge recalled that his wife kept breaking things and had always called this "handyman" for the last 10 years.
49
posted on
09/27/2006 11:55:34 AM PDT
by
MeanWestTexan
(Kol Hakavod Lezahal)
To: EX52D
50
posted on
09/27/2006 11:55:50 AM PDT
by
pissant
To: ko_kyi
I had a similar problem. It was called "my high school years." 10 years in high school?
You didn't study AT ALL, did you?
;->
51
posted on
09/27/2006 11:56:08 AM PDT
by
Izzy Dunne
(Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
To: Borges
Maybe the guy could:
A. get a job at the fire department,or..
B. star in porn movies.
There is always a silver lining.
52
posted on
09/27/2006 11:56:19 AM PDT
by
4yearlurker
(12th district Freeper.)
To: pissant
53
posted on
09/27/2006 11:56:39 AM PDT
by
EX52D
(Life is a stage, and we are merely players...)
To: Borges
To: Robwin
Say, anyone know the name of the doctor who did the implant? I am just asking out of curiosity, you understand. Yup. You just don't want to let your little friend down. Do ya?
55
posted on
09/27/2006 11:57:18 AM PDT
by
Cobra64
(Why is the War on Terror being managed by the DEFENSE Department?)
To: bigfootbob
That is what they tell us on the Enzyte commercials with "bob"
56
posted on
09/27/2006 11:57:31 AM PDT
by
Rightly Biased
(Valor is a Gift.Those having it never know for sure whether they have it till the test comes)
To: Borges
Not a penny? C'mon, people, throw me a frickin' bone here.
57
posted on
09/27/2006 11:58:04 AM PDT
by
SlowBoat407
(I've had it with these &%#@* jihadis on these &%#@* planes!)
To: Borges
I guess Small Claims Court is out of the question.
58
posted on
09/27/2006 11:59:37 AM PDT
by
Jhensy
To: Borges
Doctor: "Is that a gun in your pocket, or are you planning to sue me?"
59
posted on
09/27/2006 12:00:19 PM PDT
by
Rocky
(Air America: Robbing the poor to feed the Left)
To: Borges
They told him it wouldn't stand up in court. (Sorry I couldn't help myself.)
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