Jurors in New Mexico have awarded a man more than $412 million in a medical malpractice case that involved a men’s health clinic that operates in several states.
The man’s attorneys celebrated Monday’s verdict, saying they are hopeful it will prevent other men from falling victim to a scheme that involved fraud and what they described as dangerous penile injections. They said 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.”
The award follows a trial held in Albuquerque earlier this month that centered on allegations outlined in a lawsuit filed by the man’s attorneys in 2020. NuMale Medical Center and company officials were named as defendants.
“This corporate scheme manipulates and uses fear as a tactic to convince these men to do this,” Nick Rowley, a trial lawyer, told CBS affiliate KRQE.
According to the complaint, the man was 66 when he visited the clinic in 2017 in search of treatment for fatigue and weight loss. The clinic is accused of misdiagnosing him and unnecessarily treating him with “invasive erectile dysfunction shots” that caused irreversible damage.
Nick Rowley, another attorney who was part of the plaintiff’s team, said the out-of-state medical corporation set up a “fraudulent scheme to make millions off of conning old men.” He provided some details in a social media post, saying clinic workers told patients they would have irreversible damage if they didn’t agree to injections three times a week.
NuMale Medical Center told KRQE that they “disagree with the verdict and intend to pursue all available legal remedies, including appeal.”
Susan Montoya Bryan / AP
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.
NuMale also has clinics in Colorado, Florida, Illinois, Nevada, Nebraska, North Carolina and Wisconsin.
According to court records, jurors found that fraudulent and negligent conduct by the defendants resulted in damages to the plaintiff. They also found that unconscionable conduct by the defendants violated the Unfair Practices Act.
In a statement to KRQE, the man’s attorneys said the verdict sends a powerful message that “medical providers cannot prioritize profits over patients’ well-being without being held accountable.”
