A judge has ruled to dismiss a lawsuit claiming a man went in for a circumcision and awoke in the hospital with his penis amputated.
Judge Jim Hughey III said he will allow the plaintiff's attorney to review 3,000 to 4,000 pages of his client's medical records. The plaintiff's legal team will have 30 days to submit an amended complaint after reviewing the medical records.
Hughey added that the court will address a motion for sanctions against the plaintiff's attorney at a later date.
Last week, an attorney for two Alabama doctors named in the suit filed a motion seeking to dismiss the claims.
Attorney Mike Florie said his clients, Dr. Michael Bivins and Dr. Alan Aikens, never performed a circumcision on plaintiff Johnny Lee Banks Jr. that involved the removal of tissue or the amputation of the man's penis. He said the suit's claims are false.
Banks' attorney, John Graves, filed the lawsuit on July 22, accusing the doctors, Princeton Baptist Medical Center, Urology Centers of Alabama, and Simon-Williamson Clinic of malpractice, negligence and other wrongdoing. It seeks an unspecified amount of money.
In his motion to dismiss, Florie said that a medical malpractice case requires a plaintiff to include his or her complaint in a "detailed specification and factual description."
Florie said Banks generally described a procedure on an "unspecified occasion." He also says neither Bivins nor Aikens performed a circumcision on Banks nor amputated his genitals and have no knowledge that such ever occurred.
Florie has also filed a motion for sanctions against Graves and the firm he works for, Eversole Law, LLC.
He said Graves knew or should have known Banks claims were false when he filed the suit and said that would have been apparent from a cursory review of Banks' medical records.
However, Florie went on to say "Graves…has admitted publicly in media appearances that he did not review a single medical record prior to filing this lawsuit. This conduct…is on its face irresponsible and unethical."
But in an interview with FOX6 News on July 25, Graves said he had requested Bank's records for two weeks but says none of the doctors of medical practices responded to that request.
In a response to Florie's motion to dismiss, Graves asserted "there is a genuine issue of material fact."
In an affidavit filed the same day as Graves' response to the motion, the plaintiff, Banks, says he was to undergo a procedure at Baptist Princeton sometime between May 12 and June 3, 2014.
He said he cannot remember the specific date of the surgery because he's been hospitalized and undergone numerous surgeries over the past year.
Banks went on to say that when he awoke from his surgery, "there was a nurse in my room who handed me what was called a ‘Unich Bag.' I asked the nurse what that was for and she informed me that ‘somebody will tell you.'"
Banks said as he became alert after the surgery, he realized that all that remained of his genitals was "about 1.0 - 1.5 inches at the base of my penis."
Banks said that Bivins, who had been treating him and recommended he get a circumcision, came to his room and said, "I did not do this but I am going to let you speak with the person who did."
Banks said no one ever came to speak with him so he claims to not know "who had done this to me." He also says he was never given an explanation "as to why my penis was cut off."
In an affidavit from Banks' wife, Zelda, she says her husband has "been notably depressed since his penis was cut off." She says "it took a noticeable toll on him and his relationship with me and our children."
Both Zelda Banks and Johnny Banks' son, Jeffrey, sid the week before the suit was filed Johnny Banks became so ill they thought he might die.
In an affidavit, Jeffrey Banks says Graves told him that if his father did not file and he died, the case would die too.
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