Brooklyn, NY – Company That Lost $10M in Botched Circumcision Is Going Out of Business

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    Brooklyn, NY – The maker of an instrument used in circumcisions claiming that injuries were impossible with its use, but after an infant lost a portion of his penis during an operation with the Mogen clamp, a judge awarded $10.8 million in damages against the company, is going out of business.

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    The judgment, (which was reported here on VIN News), handed down Friday in New York involves an Atlanta lawyer who has been crusading against circumcision as a dangerous and unnecessary practice.

    Attorney David Llewellyn won a similar case in Atlanta last year and the injury behind that prior lawsuit in Fulton County Superior Court put the New York clamp manufacturer on notice about the danger of the device, his current lawsuit said.

    The baby in the current case, identified in court documents only as L.G., lost the entire glans, or head, of his penis after it was pulled into the jaws of the clamp, according to a federal magistrate’s order. On Friday, U.S. District Judge Jack B. Weinstein ordered Mogen Circumcision Instruments of New York to pay $10.8 million in compensatory and punitive damages to the Florida boy, now 3, and his parents, Dror and Sivan Gerges.

    The parents “are extraordinarily distraught and angered that this company tells people it can’t happen,” Llewellyn said.

    It’s unclear whether they will ever collect the money. Mogen is already in default on a $7.5 million judgment in 2007 from a Massachusetts lawsuit, Llewellyn said.

    The company is going out of business, according to a woman who answered the phone at its Brooklyn headquarters Monday. The woman, who said she was a secretary and would identify herself only as D. Rotter, the person whom Llewellyn said was served papers in the lawsuit. She said increased competition has undermined their business.

    “It’s just kind of dwindling down to nothing,” she said, adding that the phones at the Mogen office were scheduled to be disconnected Tuesday. Mogen didn’t defend itself in court, and Rotter said it was because the company couldn’t afford it.

    She said the Mogen clamp is “painless and safe” when used properly. The case involving the Florida boy was “unfortunate,” she said, adding that “any medical mishap is unfortunate.”

    In this case, a New York mohel, or Jewish ritual circumcisor, performed the operation in the baby’s home, Llewellyn said. The mohel negotiated a separate settlement, the terms of which Llewellyn would not disclose.

    Llewellyn won another circumcision case in 2009 over an operation at South Fulton Medical Center. In that case, which involved a baby identified only as D.P. Jr., the mother contended that the doctor who circumcised him removed too much tissue and that his pediatrician failed to respond when a nurse complained of excessive bleeding.

    The tip of the penis was placed in a biohazard bag and might have been reattached if he’d gotten attention in time, Llewellyn said in 2009. His lawsuit in New York says D.P. Jr. lost a third of his glans.

    The jury found that both the pediatrician and the physician who performed the circumcision were negligent, and awarded $2.3 million to the plaintiffs. South Fulton Medical Center was absolved of liability.

    In Friday’s decision, the court determined that Mogen had to pay for medical expenses and for the years of psychotherapy that will be needed. The boy suffers pain when he urinates, the court order says. He will eventually be able to have sex, but he is likely to be embarrassed and will likely have trouble forming “meaningful” relationships with girls, it adds. “At 3 years old, L.G. is aware that he looks different from other boys based on both his own observations and comments from other children which make him feel inferior .”


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    45 Comments
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    Anonymous
    Anonymous
    13 years ago

    What a sad story. I hope this baby can get married and lead a decent life.

    Anonymous
    Anonymous
    13 years ago

    #1 one of vin commenters predicted it!

    Anonymous
    Anonymous
    13 years ago

    Don’t worry, if he’s frum, he’s in good shape.it won’t be an issue untill he is ready to get married and at that point, his rosh yeshiva will tell him not to tell the girl.she will only find out the night of the wedding and by then it will be too late. Poor girl.

    mohal
    mohal
    13 years ago

    Since he is only 3 yrs old wheb was his friends able to see hus problem,I guess we gota call nocham rozenberg

    Anonymous
    Anonymous
    13 years ago

    If he was frum he woulda had no problem attracting girls.

    Anonymous
    Anonymous
    13 years ago

    This is good news!! The mogul clamp was a horrific tool and many well-known rabbonim banned it’s use years ago. It’s is almost Nazi-like in the unnecessary pain it causes the baby.

    Good riddance!!

    Anonymous
    Anonymous
    13 years ago

    Guys, in todays business world you can get insurance to cover such lawsuits!!
    Don’t back off, just get insurance, so you don’t have to close, when you get a lawsuit!!

    Anonymous
    Anonymous
    13 years ago

    #3 could have waited a few hours until after tisha b’av

    nudnick
    nudnick
    13 years ago

    VIN should take out the last few lines

    Anonymous
    Anonymous
    13 years ago

    I’m sure with today’s modern technology he can get married

    Anonymous
    Anonymous
    13 years ago

    look at the name it is defenitely nt a jew and it was done in a medical center- not a typical place for a jewish bris

    whose the mohel
    whose the mohel
    13 years ago

    klal yisroel needs to know which mohel is the story about

    my Rav shlita
    my Rav shlita
    13 years ago

    The Mogen clamp was already a troublemaker 40 years ago when a Mohel by the name of Bronstein invented this toy. All serious Poskim were against
    this Shmitshik invention. Serious Poskim see very far.

    The Rotters are Bronsteins children and they should have taken this product to the Gniza long ago and not wait until accidents and the courts decide if the old fashioned Mila procedure is the best.

    Tzi Bar David
    Tzi Bar David
    13 years ago

    There was a similar sad incident in Alberta years ago in a public hospital with an inexperienced doctor. This is a very delicate procedure and should only be performed by those with years of training and observation. Terrible, terrible, terrible.

    Anonymous
    Anonymous
    13 years ago

    # 3 – actually chances are this type of injury would halachically preclude him from marrying a jewish girl (except a mamzeres), and no rabbi would tell him to keep it a secret

    Anonymous
    Anonymous
    13 years ago

    #22 , a mohel may get ”years of training and observation” but what about the actual act of the bris?
    there is no practice makes perfect there.
    we all have to pray that things go well.

    Anonymous
    Anonymous
    13 years ago

    27 No a mohel traines in a new mohel and he can tell if the new mohel will do fine

    formally
    formally
    13 years ago

    I am sure if one does a search accidents do happen with a regular even great mohel without this device.

    Nothing in 100% accident prove

    Anonymous
    Anonymous
    13 years ago

    Let us be clear. The Mogen company is require to pay because of a claim that the tool is safe. The circumcision was administered by someone else, very poorly trained. The mogen may not be used for all the reasons the poskim were afraid of for the last 50 years. One of the concerns Rabbonim has was that it would make milah too easy to learn and all sorts of people would practice mila when they are not the right type (not frum etc.). This worry came to pass in an overwhelming way. I would venture to say that with a good lawyer the Mogen company would not have to pay. They would point out that it is a professional tool. When the instructions are followed the glans cannot be caught in the clamp. As far as the shape of the boy, it is not becoming of frum people to quibble over that subject.

    Q
    Q
    13 years ago

    Why are you all upset at #3 and not at #6 . What #6 wrote was much worse, claiming that modern orthodox people are mezaneh as a required part of shidduchim.

    On tisha b’av, yet. Couldn’t wait for the flames to dies down tomorrow before throwing more fuel on the fire?

    lots of lokshen im kop
    lots of lokshen im kop
    13 years ago

    Whats going on with u all, the point of this aritcle is no matter how much this child will receive it will NEVER compensate….i would never cV trade, places with these parents. Even for 10 Million dollars….and there is no difference how frum they are, poor yiddishe child is mutilated for live!! (physichaly and mentaly)

    Anonymous
    Anonymous
    13 years ago

    btw if ot took off that much then the poor kid is ‘krus Shfocho” and he can’t marry…”osur lovo bakohol’!!!

    Bruce
    Bruce
    13 years ago

    The gedolim assued the use of the Mogen & Shoulsen clamo many years ago. Unfortunately many of our unimformed bretheren use mohelim that are of limited observance.

    Anonymous
    Anonymous
    13 years ago

    to #44
    Please print hechsher from Rav Feinstein. I will believe when I see.
    R Silver & R Herzog did not know the difference between the Bronstein clamp and an eyebrow tweezer or nail clipper.I do know that a Mohel that
    used the Bronstein-Rotter clamp was a Kal. Real Rabonim did not accept
    Sandakous when this clamp was used.