Record-breaking malpractice case: Man awarded $450M for erectile dysfunction treatment gone wrong
Key Takeaways
Case Insights
"[A] fraudulent scheme to make millions off of conning old men."- Nick Rowley, a second trial lawyer for the plaintiff
“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." - Lori Bencoe, the plaintiff’s attorney
A case against NuMale Medical Center, filed in 2020, was resolved in November 2024.[] The lawsuit alleges that the center and its staff misdiagnosed a patient and provided unnecessary and “invasive erectile dysfunction shots.” Reportedly, the shots led to permanent damage for the New Mexico man, who is now in his 70s.
In 2017, the man visited NuMale Medical for treatment. He was 66 years old and seeking fatigue relief and weight management options. Medical staff misdiagnosed the man with erectile dysfunction. He was then offered a treatment plan: testosterone pellet implantation and penile injections.[] Staff taught the patient how to administer the injections at home. Home administration is the standard procedure for injection-based erectile dysfunction treatment.
The man returned to the center shortly after and told the staff that the injections weren’t working. He was reportedly told that he administered the injections incorrectly. A physician assistant at the center then demonstrated how he should administer the injections and sent him home with a “medically induced and medically unnecessary” erection.[][]
Risks of erectile dysfunction injections
Injections for erectile dysfunction carry a risk of side effects not seen with other treatments for this condition. “Penile injections carry some risks that are unique compared to oral or mechanical treatments,” Haleem Mohammed, MD, Franchise Owner of Gameday Men’s Health, tells MDLinx. “This can include bruising, scarring, papism, fibrosis, and infection.” Penile curvature, or Peyronie disease, is also a risk, especially when penile injections are used for a prolonged period of time.
“Proper training and regular follow-ups are essential to minimize these risks,” Dr. Mohammed says.
The man reportedly experienced permanent damage as a result of the unnecessary treatments. This includes impotence, an inability to hold an erection, fibrosis of the penis, and an inability to urinate while standing.[] According to court documents, the unnecessary and damaging treatments cost the man $5,000.
Going to trial
A lawsuit against NuMale Medical was filed in 2020.[] In November 2024, the case went to trial.[] Jurors determined that negligent and fraudulent conduct by NuMale Medical staff violated the Unfair Practices Act. They awarded the man a record-breaking $412 million.
The total is expected to reach over $550 million once interest is added.[] Following the trial, the plaintiff’s attorney, Lori Bencoe, said, “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. That’s breach of trust and anytime someone is wearing a white coat, they shouldn’t be allowed to do that.”[]
NuMale Medical
In the lead-up to the trial, Nick Rowley, a second trial lawyer for the plaintiff, accused NuMale Medical of a “fraudulent scheme to make millions off of conning old men.”[] NuMale Medical operates in eight states, including Colorado, Florida, Illinois, Nebraska, Nevada, New Mexico, North Carolina, and Wisconsin.[] The clinics offer treatments for a range of medical conditions that affect older men, including erectile dysfunction, low testosterone, and other sexual health concerns.
NuMale Medical Centers markets itself as “America’s #1 Men’s Health Clinic.”[] It has expressed firm disagreement with the New Mexico verdict but has not discussed the case publicly. Numale Medical Center President Brad Palubicki told the Associated Press in a statement, “While we respect the judicial process, due to ongoing legal proceedings, we cannot comment on specific details of the case at this time.”[]
The use of penile injections
The Food and Drug Administration has approved a few different injection medications as erectile dysfunction treatment options. Injections can be a good choice for many patients.
“Penile injections are often prescribed for patients who have not responded to first-line treatments like oral PDE5 inhibitors; are contraindicated for oral medications due to conditions like severe cardiovascular disease or interactions with nitrates; or have specific conditions such as diabetes mellitus, post-prostatectomy erectile dysfunction, or neurological disorders that make other treatments less effective,” Dr. Mohammed says.
Physicians prescribing these injections need to consider a patient’s entire medical history. Dr Mohammed explains that age is a primary factor.
“Age influences both the effectiveness and risks of penile injections,” Dr. Mohammed says. “In older men, injections may be particularly beneficial when ED is due to vascular or nerve-related conditions, as they often have reduced response to oral medications. However, they may also have a higher risk of priapism or fibrosis if not closely monitored.”