Seven Figure Verdict in "Botched" Circumcision Case

May 29, 2013

A Cook County jury on Tuesday returned a verdict of $1,357,901.12 on behalf of a 5-year-old boy who suffered a partial amputation of the tip of his penis during a circumcision procedure when he was 12-hours-old.

The defendant, Obstetrician/Gynecologist Marc S. Feldstein, M.D., delivered Daniel Burden on October 4, 2007 at Northwestern’s Prentice Women’s Hospital.  The following morning, while performing a circumcision on the child, a portion of the distal tip of Burden’s penis was inadvertently amputated.  The child was rushed to Children’s Memorial Hospital where Pediatric Urologist Antonio Chaviano, M.D. successfully re-attached it.

The plaintiff was represented by Timothy S. Tomasik and Daniel M. Kotin of Tomasik Kotin Kasserman, LLC.  According to Kotin, “The defendants claimed that this was a known complication which could happen during a circumcision.  But the truth is, it is the oldest surgical procedure known to man and the most common one performed on baby boys in America.  If this was truly a known risk, then nobody would dare have circumcision.”

The jury heard that the child received fantastic follow-up care and his penis should be fully functional.  However, he is left with moderate scarring and is at risk for altered nerve sensation in the affected area.  According to Tomasik, “I’m sure that Danny will be grateful that this injury was not as devastating as it could have been.  But he will always be different, and that is something he will have to live with for the rest of his life.”

The defendants, Marc S. Feldstein, M.D. and Northwestern Women’s Health Associates, S.C., were represented at trial by Ian Sherman of Dykema Gossett, PLLC.  The judge was Circuit Court Judge Daniel Lynch.  The case was tried from May 16 through May 28, 2013.