Jury has verdict in penile implant malpractice suit

MIAMI (WSVN) -- A jury has reached a verdict in an unusual malpractice suit filed by a patient who ultimately lost his penis following a penile implant surgery.

On Tuesday, a jury found there was no negligence made by anesthesiologist Dr. Laurentia Boeru when Enrique Milla lost his penis.

Milla, who lived in Miami for 40 years but now lives in Peru, went in for a penile implant in 2007. After the surgery, he developed gangrene and needed to have his penis amputated. Milla sued the anesthesiologist, claiming negligence.

In court, Milla's lawyer, Spencer Aronfeld, argued that the anesthesiologist overlooked Milla's preexisting medical condition and never should have cleared Milla for the surgery.

Milla testified during the trial from Peru via Skype, citing the emotional pain he has suffered after getting the surgery to improve his sex life with his wife and ending up disfigured. "I was desperate. I was scared. I was desperate," he said with his wife by his side.

The lawsuit has been difficult on Dr. Boeru, who said Milla did not follow post-operation instructions. "To have three years; it is a toll taken out of my life," he said. "The attorney from the other side had to rewrite the rules that are there in the operating team."

Despite losing the lawsuit, Aronfeld felt the verdict was fair. "This is actually a victory for the system of justice because this shows two distinct parties can have different perspectives as to how patients are supposed to be treated," he said. "So even the fact the two people who are deported were able to have their day here in court and that at least they had their opportunity to have justice. That's the important thing, and that's what we've been fighting for, and in the end, the jury decided in the favor of Dr. Boeru, and I respect the jury's decision."

The jury spent less than one hour deliberating and cleared Boeru of the charges.

Milla also sued Dr. Paul Perito, the doctor who performed the surgery. Published reports reveal Dr. Perito settled with Milla last year. The settlement details are not public.

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