| Muerta 2006-09-26, 8:26 am |
| Man With Faulty Implant May Not Get Cash
By Associated Press
PROVIDENCE, R.I. - 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.
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