A civil lawsuit filed on April 22, 2015 in the Court of Common Pleas Philadelphia County by the guardian of a baby boy born on March 19, 2010 alleges that the circumcision clamp that was used during the baby’s circumcision procedure performed on March 26, 2010 was defective and resulted in the tip of the boy’s penis being amputated during the routine procedure.
The product liability lawsuit alleges that the Defendant’s so-called Mogen Clamp has a very small percentage of the circumcision product market yet it accounts for the majority of penile amputations, including over 20 reports to the FDA of penile amputations when using the Mogen Clamp. The lawsuit alleges that the Mogen Clamp is defective in that it has no protection or shield/bell for the head of the penis, and the physician performing the circumcision procedure is unable to visualize the head of the penis when applying the scalpel to the foreskin.
The plaintiff alleges that despite the Mogen Clamp’s defects, the defendant manufacturer has failed to change the design of the clamp, recall the allegedly defective product, or warn physicians regarding the design defects.
The plaintiff further alleges that the defendant manufacturer knew about the serious injuries to babies on whom its Mogen Clamp was used but suppressed the information and failed to inform physicians or patients regarding such information, thereby misleading medical providers and patients into believing that the Mogen Clamps were safe and effective and leading to the continued use of the Mogen Clamps, including on the baby for whom the plaintiff is the guardian ad litem.
The plaintiff’s lawsuit alleges that the baby suffered permanent injury and will require future corrective surgery or surgeries, and that the child has experienced and will continue to experience significant mental and physical pain and suffering and financial or economic loss that includes those related to medical services and expenses.
The plaintiff’s Civil Action Complaint contains eight counts, alleging strict liability for defective manufacture and design of the Mogen Clamp; strict liability for the failure to warn as to the unsafe nature of the Mogen Clamp and the risks of penile amputation; negligence in the manufacture, design, labeling, instructions, warnings, sale, marketing, and distribution of the Mogen Clamp as well as negligence in recruiting and training physicians in the use of the Mogen Clamp; negligent misrepresentation that the Mogen Clamp had been tested and found to be safe and effective for penile circumcisions; negligent infliction of emotional distress by negligently concealing the unreasonably dangerous nature of Mogen Clamps; breach of warranty that the Mogen Clamp was safe and fit for use by consumers; breach of implied warranty that the Mogen Clamp was safe and fit for use by consumers; and, gross negligence because the defendant manufacturer’s conduct was specifically intended to cause substantial injury or involved an extreme degree of risk, involving conscious indifference to the rights, safety, or welfare of others.
Source: Hoekstra vs. Misdom-Frank Corporation, et al., Case ID: 15040215.
If you or a loved one suffered serious injuries (or worse) due to a medical product in the United States, you should promptly consult with a local medical product attorney in your state who may investigate your medical product claim for you and represent you in a medical product case, if appropriate.
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