Amputation Blamed on Circumcision Clamp

PHILADELPHIA (CN) - A defective penile-circumcision clamp caused the tip of a 7-day-old infant's penis to be amputated, his mother claims in court.

Though the mother identifies herself and her son in the complaint filed on April 22 in the Philadelphia County Court of Common Pleas, Courthouse News has redacted their last names because of the sensitive nature of the claims.

The March 2010 "horrific injury" occurred in Oxnard, Calif., while baby Benjamin's doctor "performed what was supposed to be a routine circumcision procedure," according to the complaint.

For the procedure, Benjamin's doctor allegedly used a "Mogen Clamp," manufactured by Misdom-Frank Corp., Medco Group and Sklar Instruments, all of West Chester, Pa.

Unlike other circumcision instruments, the lawsuit says, the Mogen Clamp lacks a protective shield or bell to safeguard the head of the penis.

Its design is also such that the doctor performing the procedure is unable to see the head of the penis while applying the scalpel to the foreskin, according to the complaint.

The defendants nevertheless allegedly market the Mogen Clamp "as safer and more effective as compared to other competing circumcision products."

Benjamin's mother says that "the long history of penile amputations" associated with the Mogen Clamp, "unlike other circumcision devices," contradicts these claims.

"In fact, though the Mogen Clamp comprises a small percentage of the circumcision product market, it accounts for the majority of penile amputations," the complaint states.

Benjamin's mother says the defective nature of the Mogen Clamp caused the tip of her son's penis to be amputated during the routine procedure.

The amputation will allegedly require future corrective surgery and has led baby Benjamin to experience "significant mental and physical pain and suffering."

"Every year there are steady reports made to the FDA of penile amputations due to the Mogen Clamp," the complaint states, abbreviating Food and Drug Administration. "To date there have been over 20 reports made to the FDA. These reports account for only a small portion of actual amputations in the medical community."

Despite their knowledge of the Mogen Clamp's historical failure and injury risks, the

defendants have never recalled the clamp or changed its design.

Benjamin seeks punitive damages for defective manufacture and design, failure to warn, negligence, breach of warranty and other claims.

He is represented by Priscilla Jimenez with Kline Specter in Philadelphia, and by the firms Balaban & Spielberger in Los Angeles and Browne Greene in Santa Monica.

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