A Kentucky jury has ruled against a truck driver who sued the surgeon who amputated his penis during an emergency cancer operation in 2007. Phillip Seaton and his wife had sought $16 million (£9.8 million) in damages, claiming the amputation was performed without his consent.
Mr Seaton argued that he had consented only to a circumcision to treat inflammation, but Dr John Patterson removed his penis after discovering life-threatening cancer during the procedure. Dr Patterson maintained that the amputation was necessary to save Mr Seaton's life.
The jury deliberated briefly before ruling unanimously that Dr Patterson had not failed to exercise proper care. On the issue of consent, the jury split 10-2 against the claim that Mr Seaton had not authorised the amputation.
The Seatons had previously settled with Jewish Hospital, where the surgery took place, for an undisclosed amount. In court, they argued that Mr Seaton should have been woken from anaesthesia and consulted before the amputation.
Dr Patterson's lawyer, Clay Robinson, said his client removed only about an inch of the penis after finding it riddled with cancer, with the rest amputated by another doctor. He also noted that Mr Seaton had signed a document authorising necessary treatment in unforeseen circumstances.
Penile cancer is rare, with an estimated 1,360 new cases and 320 deaths in the US in 2011, according to the National Institutes of Health.
