Michael E Sanchez v. Numale Medical Center LLC, et al
Case Background
On November 16, 2020, Plaintiff Michael E. Sanchez filed a Medical Malpractice lawsuit in the Albuquerque District Court, New Mexico (Case number: D-202-CV-202006336 ). Judge Beatrice J. Brickhouse presided over this case.
Cause
Michael, a 66-year-old man, sought treatment for fatigue and weight loss at a medical clinic in 2017. He specifically requested testosterone replacement therapy and a medically managed weight loss program to address his concerns. However, Steven Chapman, the physician assistant, steered the consultation away from Michael’s complaints and focused instead on erectile dysfunction treatment. Despite Michael’s clear statement that he did not want or need erectile dysfunction treatment, Chapman insisted that ED treatment would complement testosterone therapy. Chapman persuaded Michael to purchase a comprehensive treatment plan that included testosterone pellet implants and at-home penile injections. When Michael reported the ineffectiveness of the prescribed medications, Chapman took the unusual step of personally demonstrating the injection technique. During this demonstration, Chapman injected 75% more of the medication than the recommended dosage and used a stronger concentration than appropriate. Chapman then made the unprofessional comment, telling Michael to “go show all your friends” before sending him home with a medically-induced erection.
Injuries
The excessive medication dosage triggered a severe medical emergency. Michael experienced a persistent erection that lasted throughout the entire weekend. He returned to the clinic seeking urgent medical attention. The medical staff attempted several painful and embarrassing procedures to resolve the condition, but their efforts proved unsuccessful. Instead of arranging appropriate emergency medical transport, Chapman instructed Michael to drive himself to the emergency room. The extended duration of the erection required emergency surgery, but the delay in treatment had already caused irreversible damage. The prolonged erection resulted in complete tissue death in Michael’s penis, causing significant atrophy and leaving it substantially smaller than its original size. The tissue deteriorated into non-functional scar tissue, rendering it completely ineffective.
Damages
The medical malpractice lawsuit sought comprehensive damages for Michael’s permanent injuries. He pursued compensation for projected future medical expenses resulting from his irreversible penile damage and the ongoing need for specialized care. The claim also included past and future loss of earning capacity, recognizing the significant impact his condition has had on his ability to maintain employment. Michael sought damages for both past and future physical pain, acknowledging the persistent and debilitating nature of his suffering. The lawsuit further addressed compensation for past and future mental anguish, reflecting the profound psychological trauma caused by his permanent injury. Additionally, the claim sought damages for past and future physical impairment, acknowledging the permanent limitations he now faces in his personal and sexual life.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Michael E. Sanchez
- Counsel for Plaintiff: Lori Bencoe McCamey | Danielle L. Ceballes | Cherie L. LaCour | Nicholas Charles Rowley
- Defendant(s): Numale Medical Center LLC | Numale Corporation | Numale Albuquerque LLC | Numale New Mexico SC Corp | Christopher Asandra MD | Carlos Feliciano MD | Brad Palubicki | Justin Pulliam | Stephen G. Chapman PA-C | Mike Rivera
- Counsel for Defendants: Frank Alvarez | John Lawrence Oliver | Dominique Barrett | John A. Klecan
Key Arguments or Remarks by Counsel
“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,” said Lori Bencoe, one of the lawyers who represented the plaintiff. “That’s breach of trust and anytime someone is wearing a white coat, they shouldn’t be allowed to do that.”
Nick Rowley, another attorney who was part of the plaintiff’s team, said the out-of-state medical corporation set up a “fraudulent scheme to make millions off of conning old men.” He provided some details in a social media post, saying clinic workers told patients they would have irreversible damage if they didn’t agree to injections three times a week.
“If someone’s trying to sell you something medically, take a step back, ask other health care providers, get second opinions and third opinions. If there’s advertisements saying something’s going to be a quick fix for a problem, don’t trust it. Don’t trust it,” said Rowley.
Claims
The Medical Malpractice lawsuit established multiple grounds for medical malpractice. Chapman misdiagnosed Michael’s condition and prescribed unnecessary treatment that deviated from the original complaints of fatigue and weight loss. The physician assistant failed to obtain proper informed consent before proceeding with the erectile dysfunction treatment. Chapman demonstrated gross negligence by administering an excessive dose of medication and using an inappropriately strong concentration. The medical staff failed to appropriately respond to a serious medical emergency, and Chapman endangered Michael’s safety by instructing him to drive himself to the emergency room during a medical crisis.
Defense
The defense argued that Steven Chapman provided care that met the accepted medical standard for a physician assistant. They contended that ED was a common co-occurring condition in men seeking testosterone replacement therapy, supported by medical literature. The defense maintained that Chapman obtained verbal consent for all procedures and provided Michael with detailed information about the treatment, including injection techniques and potential complications. The defense presented documentation showing the medication dosage fell within manufacturer guidelines for certain patient presentations. They argued that when complications arose, the clinic staff followed established protocols for treating priapism (prolonged erection). The defense asserted that directing Michael to the emergency room represented appropriate escalation of care. They also argued that Michael’s pre-existing medical conditions may have contributed to the severity of the complications.
Jury Verdict
On November 26, 2024, the jury reached a historic verdict totaling $412,005,149 in the medical malpractice case against Numale Corporation and its agents. The jury found that the cumulative conduct of Numale Corporation, acting through its agents and subsidiaries, was willful, wanton, and reckless. Based on this finding, they awarded $375,000,000 in punitive damages to send a strong message about the unacceptable nature of the corporation’s conduct. The remaining $37,005,149 constituted compensatory damages, addressing the actual losses, permanent injuries, and ongoing suffering Michael endured as a result of the negligent treatment in a Medical Malpractice lawsuit.
Court Documents:
Available Upon Request
Press Release:
https://www.kob.com/new-mexico/rio-rancho-man-awarded-400m-in-medical-malpractice-lawsuit/
Not surprising in NM, but also unlikely the plaintiff will ever be able to collect anywhere close to that amount. NM needs to have caps on medical malpractice payouts that are more reflective of that actual damage and value of the patients’ likely remaining life if the malpractice never occurred. At 66, most men are beyond their peak earning years or quickly approaching the end. They also most likely aren’t trying to reproduce, and they are less sexually active. If the claims are correct, he should be awarded an appropriate amount, but his remaining life is not worth almost a half a billion dollars. That’s insane. This is one of the huge reasons we don’t have enough doctors. New Mexico’s House of Representatives is stacked with one attorney after the next, mostly there due to their own self-interests, and we are in serious need of lawmakers with other backgrounds.