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By Marni Rose McFall
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A man who suffered unnecessary penis injections has been awarded the biggest-ever medical malpractice payout of $412 million.
Jurors had found that fraudulent and negligent conduct by defendant NuMale Medical Center, a men's health clinic operating in several states, resulted in irreversible damage to the plaintiff.
The man, now in his 70s, had sought treatment for fatigue and weight loss, but the clinic misdiagnosed him and unnecessarily treated him with "invasive erectile dysfunction" shots, said attorneys who celebrated Monday's verdict.
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The lawyers said they are hopeful the giant payout will prevent other men from falling victim to a scheme that involved fraud and what they described as dangerous penile injections. They added that the punitive and compensatory damages total the largest amount to ever be awarded by a jury in a medical malpractice case in the U.S.
"It's a national record-setting case and it's righteous because I don't think there's any place for licensed professionals to be defrauding patients for money. That is a very egregious breach of their fiduciary duty," said Lori Bencoe, one of the lawyers who represented the plaintiff.
"That's breach of trust and anytime someone is wearing a white coat, they shouldn't be allowed to do that."
In an email shared with Newsweek, Bencoe said, "Trusting Nevada-based company NuMale Corporation with a so called miracle cure for erectile dysfunction left him [the plaintiff] permanently damaged, robbing him of the ability to share intimacy or even urinate normally for the rest of his life."
Bencoe said, "The award reflects the severity of the harm inflicted and serves as a resounding statement against corporations that prey on the vulnerable to boost their profits."
NuMale has clinics in Colorado, Florida, Illinois, Nevada, Nebraska, North Carolina, and Wisconsin. Newsweek has reached out to NuMale Medical via email for comment.
The giant award follows a trial held in Albuquerque earlier this month which focused on allegations first outlined in a 2020 lawsuit.
Nick Rowley, one of the attorneys on the plaintiff's team said that the medical corporation set up a "fraudulent scheme to make millions off of conning old men."
Keith Bruno, attorney for the plaintiff said in an email shared with Newsweek, "NuMale falsely marketed its clinic as a Male Health and Wellness Center in which [the plaintiff] sought out to help with his low energy and weight loss—common issues among men this age.
"Instead, NuMale took advantage of Michael and lied to him about a fake diagnosis, all in the interest of turning a profit on someone's livelihood. This verdict sends a powerful message that medical providers cannot prioritize profits over patients' well-being without being held accountable."
The plaintiff in this case was 66 when he visited the clinic in 2017.
Rowley said on social media that clinic workers had told patients they would have irreversible damage if they did not agree to injections three times per week.
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What is NuMale Medical Center?
On their website, NuMale advertises multiple treatments for erectile dysfunction, including Trimix injections. Their website states that the injections are "typically compounded in specialized pharmacies, which means they are mixed according to a doctor's prescription tailored to the needs of the patient
The medication is administered with an injection, where the patient uses a fine needle to inject the medication directly into the base or side of the penis."
NuMale Medical Center President Brad Palubicki said in a statement sent Wednesday to The Associated Press that the company's focus is on continuing to deliver responsible patient care while maintaining strict safety and compliance standards at all of its facilities.
"While we respect the judicial process, due to ongoing legal proceedings, we cannot comment on specific details of the case at this time," he said.
This article includes reporting from The Associated Press.
Update 12/02/24, 11:45 a.m. ET: This article was updated with comment from Lori Bencoe and Keith Bruno.
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