Karol Lubben, as Legal Guardian to Gabriel Ray Lubben v. Berto Lopez, M.D.
Case Background
On January 31, 2022, Plaintiff Karol Lubben and Michael Lubben as Legal Guardian To Gabriel Ray Lubben filed a Medical Malpractice lawsuit in the Florida State Circuit Court of Palm Beach County (Case number: 50-2022-CA-000905-XXXX-MB). Judge Maxine Cheesman presided over the case.
Cause
In early February 2021, Karol and Michael Lubben sought to have their newborn son, Gabriel Ray Lubben, circumcised. Their midwife, Mandy Rojas, recommended Dr. Berto Lopez in West Palm Beach. Dr. Lopez’s medical license had been revoked by the Florida Board of Medicine on February 5, 2021, which the Lubbens did not know. On February 15, 2021, when Gabriel was just 10 days old, the Lubbens took him to Dr. Lopez’s office for the circumcision. They paid $250 in cash, as requested by Dr. Lopez’s office, to avoid extra fees for a one-time visit.
Dr. Lopez performed the circumcision using topical anesthesia (4% lidocaine) and a Morgan Clamp. During the procedure, Dr. Lopez cut an artery, causing significant bleeding that required sutures. Following the circumcision, Gabriel experienced prolonged crying, continued bleeding, and noticeable swelling. Concerned about these complications, the Lubbens sought medical care, visiting their pediatrician, Dr. Lowy, the emergency room at Palms West Hospital, and ultimately, pediatric urologist Dr. Jeffrey Donohue.
Injuries
The circumcision resulted in a severe and permanent injury to Gabriel’s penis. Dr. Jeffrey Donohue examined Gabriel on February 17, 2021, and noted significant concerns but recommended allowing time for self-debridement of the eschar (dead tissue). On follow-up examinations, particularly on April 5, 2021, Dr. Donohue confirmed the extent of the damage. Gabriel had suffered a glans injury affecting at least 50% of the distal aspect of his glans penis. The injury severely altered the shape of Gabriel’s glans, changing it from its natural conical form to an abnormal anvil shape. The meatus (urinary opening) was displaced from its proper position, and sub-coronal meatus were stenotic (abnormally narrowed). This combination of injuries caused a significant and permanent alteration to Gabriel’s genital anatomy, with potential long-term impacts on function and appearance.
Damages
The damages claimed in the lawsuit included a wide range of physical, emotional, and financial impacts. Gabriel endured permanent bodily injury, ongoing pain, and significant disability and disfigurement. The emotional toll caused severe mental distress and anguish, which may continue throughout his life. The injury also led to a substantial loss of capacity for enjoying life, as the permanent alterations to his anatomy may affect future experiences and relationships.
Financially, the damages included significant medical and healthcare-related expenses, covering initial hospital costs, follow-up treatments, and potential future medical interventions. The complaint also noted a potential loss of wage-earning capacity, recognizing that the injury might impact Gabriel’s employment prospects or earning potential in adulthood.
The damages also extended to Karol and Michael Lubben. They incurred significant medical expenses and anticipated future costs related to Gabriel’s care. The parents also claimed damages for lost earnings due to time taken off work to care for Gabriel, as well as a projected decrease in future earning capacity until Gabriel reaches adulthood. Additionally, they sought compensation for the emotional impact, including the loss of their child’s services, comfort, love, affection, companionship, and solace.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Karol Lubben As Legal Guardian To Gabriel Ray Lubben | Karol Lubben | Michael Lubben | Michael Lubben As Legal Guardian To Gabriel Ray Lubben
- Counsel for Plaintiff: Gary M Cohen| Aimee A Ferrer Esq
- Defendant(s):Berto Lopez, MD
- Counsel for Defendants: N\A
Key Arguments or Remarks by Counsel
“Not only did he amputate most of the head of the penis and the urethra, he did not put the amputated part on ice and immediately get them to an ER for reattachment,” Plaintiff’s Attorney Cohen claimed. “Instead, Lopez walked away, leaving this child permanently deformed. The meatus or pee hole is now pushed down by the amputation and he pees from underneath the rim of the penis downward. None of that can be fixed because there is no tissue left to use.”
Another co-counsel Aimee Ferrer stated, “The harm cannot be undone by any amount of money, but this case focused on more than just compensation—it held the system accountable for allowing it to happen.”
Claims
The plaintiffs filed a medical malpractice lawsuit against both Dr. Berto Lopez and his professional association, Berto Lopez, M.D., P.A. The complaint outlined several grounds for negligence:
- Negligent performance of the circumcision, resulting in injury to the glans penis.
- Failure to recognize the severity of the injury during and after the procedure.
- Failure to make a timely referral to a pediatric urologist.
- Failure to obtain proper informed consent, as there was no signed written consent from Gabriel’s parents.
- Failure to disclose the revocation of his medical license before the procedure.
The lawsuit also asserted vicarious liability against Berto Lopez, M.D., P.A., the professional association through which Dr. Lopez practiced. The plaintiffs argued that Dr. Lopez was acting as an employee or agent of the association when he performed the negligent circumcision, making the association liable for his actions.
Defense
No counsel appeared for the defense as Lopez went unrepresented in a Medical Malpractice Lawsuit.
Jury Verdict
On August 27, 2024, the jury awarded Gabriel Lubben $100,000,000.00 in damages. This amount included $25,000,000.00 for past damages and $75,000,000.00 for future damages in Medical Malpractice Lawsuit.
Court Documents:
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