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Defense rests in case of botched Clayton County circumcision

WARNING: This story contains mature content that may not be suitable for all readers.

The defense has rested in the Clayton County trial of a lawsuit over a botched circumcision, disputing the idea that the child will face years of mental anguish.

The suit seeks damages for the child’s medical bills, as well as for physical and mental pain and suffering, disability, and disfigurement.

Much of the defense's case was spent trying to prove to the jury that some of the defendants--the clinic owner, Anne Sigouin, and the boy's pediatrician--should not be held liable for things that happened at Life Cycle clinic in Riverdale.

Sigouin got a little bit of good news on Tuesday, when the judge ruled that she could not be held personally liable for the negligent training of the staffer who did the procedure. Her clinic, however, is still on the hook.

The plaintiff’s expert, Dr. Joseph Shrand, testified last week that this boy is going to feel like he's living with a secret as he grows up--worrying that in the bathroom, or the locker room, or as he starts to date that he will be mocked--over a body part most people giggle about when they hear its word.

"It's something that we don't even talk about," said Shrand. "And here's this little boy who, every day of his life, is going to live with this injury.

"Every day of his life."

He noted that the effects of the circumcision error are not just mental.

"It's one thing to have this deformity of his penis, but he has even more difficulty. My understanding is he has to pick scabs off every few days," says Shrand.

Shrand testified that he would recommend 20 non-consecutive years of counseling for Baby D over various stages of his life.

But a defense expert disagrees.

Child psychiatrist Dr. Louis Casal says while it's possible Baby D could at some point develop psychological disorders as a result of his circumcision injury, he shouldn't be “saddled with the obligation” of 20 or even five years of therapy several times a week.

"My job is to teach your child how to cope with life's adversities," said Casal. "If I can't do that in six months, you should fire me and find somebody “better”.

He says right now, the almost-five-year-old boy is not suffering any psychological problems.

Casal also downplayed the idea that the boy would have to suffer the stigma of having a disfigured organ.

“I would be surprised if many people had access to even knowing about D's private body parts,” he said.

“Bullying is possible for any reason,” he added, recommending that the child be evaluated yearly to see how he's developing. He estimated a total of perhaps two years' therapy over a lifetime would be sufficient.

Baby D's pediatrician, Dr. Abigail Kamishlian, got a call about the bloody circumcision, then recommended that the mom and baby come see her then next day--a decision which doomed any chance of reattachment of the tip of the penis. Doctors say the tissue is only viable for transplant for a window of no more than 12 hours.

The defense called another pediatrician, Dr. John Sperry, to contend that there was no malpractice on her part.

"I have no criticism of the way she handled it at all. It was excellent," he said.

Sperry backed Kamishlian's contention that the way the injury was described to her would not have raised alarms.

"Based on the description over the phone, I would've never have anticipated that it would've had so much difficulty later on. I would've thought it would've healed fine," he told the jury.

In cross-examination by plaintiff's attorney Jonathan Johnson, however, Sperry admitted he would've sought more information if a nurse midwife had called him and said she'd cut off a small piece of someone's glans but considered it medically insignificant.

"I would ask was it actively bleeding, how big is it, and has anybody else looked at it besides yourself," said Sperry. "I would ask a few questions, yes."

"Enough questions to satisfy yourself further about what was going on?" asked Johnson. "Yes," said Sperry.

Kamishlian testified even though she jotted down that a piece of glans was severed, she did not consider that an emergency.

A second doctor who testified for Kamishlian, Dr. Chip Harbaugh, also said with the information she was given on the phone, there was no way for her to know that situation was urgent.

Defense attorney Bob Monyak has made a point of showing the jury a list of terms that the nurse midwife used to talk about the size of the severed tissue, including, "very, very small;" "thin as 2-3 sheets of paper;" "a sliver;" "not medically significant;" and "too small to save."

The plaintiff continued hammering away at the fact that the pediatrician actually scribbled in her notes about the call that there was a severed piece of glans. As it turned out, that severed piece was very medically significant and irreplaceable.

Attorney Jay Hirsch also pointed out that all the terms describing the supposed size of the tissue were taken not from the call, but from the deposition given by the nurse midwife, more than a year after the incident.

In a medical record she prepared later, Kamishlian wrote that it was "nicked." She testified that she thought it would heal itself.

Pediatrician Dr. Santa Johnston told jurors the only thing the nurse midwife and doctors should have done was send the boy and his severed tissue to emergency care--saying it is in no way a judgment call. The content of the call itself should have triggered Kamishlian to have the family seek out emergency care.

"If the glans is severed, that is a surgical emergency," insisted Johnston. "That's what pediatricians are taught, so there is no 'judgment' here."

She agreed with the plaintiff's attorney that everything is tiny on a five and a half pound newborn.

The defense also is seeking to ameliorate any possible damages the jury would award. They made sure jurors learned that other parts of D's private parts are undamaged. It's unknown right now what sexual function it might have when he's older.

The clinic, Life Cycle OB/GYN, certified nurse midwife Melissa Jones, and the supervising OB/GYN at the clinic the day of the accident, Dr. Brian Register, have already been ruled liable, and the jury will simply have to determine what percentage of any damage award they will have to pay. The judge ruled that they deliberately acted to keep the plaintiff from knowing about or seeing the tissue, only getting rid of it once they knew the mother was going to sue.

Both Jones and Register took the stand briefly to emphasize to jurors that they had no intention of harming either the baby boy or his mother.

“I was her OB. I did the surgery and I was there to do whatever needed to be done to assist her in any way. She was my patient,” Register.

“I got into midwifery to heal, not to hurt,” said Jones.

Closing arguments are slated for Thursday morning.

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