A Burmese man who went into an Iowa hospital for a circumcision and awoke to find he’d been given a vasectomy by mistake has been awarded $2 million by a jury.
In December 2015, 38-year-old Zaw Zaw was sent to The Iowa Clinic for a referral circumcision but ended up finding himself on the receiving end of a unfortunate misunderstanding that left him unable to reproduce.
Zaw Zaw, who speaks limited English, entered the clinic with a referral form that emphasized four times that he needed to undergo a circumcision.
The same form was also faxed to doctors in advance to ensure there was no confusion – but still a calamitous mix-up occurred.
In December 2015, 38-year-old Zaw Zaw was sent to The Iowa Clinic for a referral circumcision but ended up finding himself on the receiving end of a unfortunate misunderstanding that left him unable to reproduce
Zaw Zaw, who speaks limited English, entered the clinic with a referral form (above) that emphasised four times that he needed to undergo a circumcision
The idea of sending the letters had been a proactive attempt to help with Zaw Zaw’s difficulties with speaking English, but the patient was asked to sign more forms when he got to the clinic.
Zaw Zaw’s attorney, Marc Harding, argued those steps should have assured his client proper medical treatment regardless of any language barriers.
However, it was later determined the faxed instructions had been shredded and the medical clinic failed to properly communicated what procedure was being carried out.
And in January 2016, instead of a circumcision, Dr. Kevin Birusingh performed a vasectomy on Zaw Zaw.
‘Zaw Zaw never understood what they were trying to get across and that was their duty and their job to get that across,’ Harding told WTKR.
Zaw Zaw’s attorney, Marc Harding (left), argued those steps should have assured his client proper medical treatment regardless of any language barriers. But in January 2016, instead of a circumcision, Dr. Kevin Birusingh (right) performed a vasectomy on Zaw Zaw
Even after the botched operation when Harding tried to reach a settlement with the clinic out of court, officials persisted in blaming Zaw Zaw for the mishap.
‘They blamed him. They said he should`ve known we were wrong in the way we were doing it and pointing the finger at him the whole way through,’ Harding said.
On Wednesday, a jury agreed that Zaw Zaw was partially responsible for the mix-up but said Dr. Birusingh was 70 percent responsible, and therefore the burden of fault was with the surgeon.
In total, the jury awarded Zaw Zaw $1million for past physical and mental pain and suffering, $500,000 for past loss of function of the body, $250,000 for future loss of function of the body and $250,000 for future physical and mental pain and suffering.
‘Dr. Birusingh, he was the professional, he was the one that should have made sure because he was the one cutting on the body,’ Harden said.
On Wednesday, a jury agreed that Zaw Zaw was partially responsible for the mix-up but said Dr. Birusingh (center) was 70 percent responsible, and therefore the burden of fault was with the surgeon
In total, the jury awarded Zaw Zaw $1 million for past physical and mental pain and suffering, $500,000 for past loss of function of the body, $250,000 for future loss of function of the body and $250,000 for future physical and mental pain and suffering
The Iowa Clinic responded to the ruling Wednesday in a statement.
‘We are grateful for the jury`s hard work and are pleased that no fault in this matter was assigned to the Iowa Clinic. It is important to note, the physician involved in this case has not been on staff with the clinic for more than a year.’
Zaw Zaw plans to go elsewhere to have the circumcision performed and to have the vasectomy reversed.
Birusingh has since moved on to another medical center.
Last April, a jury awarded over $12 million to a Panora man who was wrongly diagnosed with prostate cancer by the Iowa Clinic. The intense surgery left him with nerve damage that negatively impacted his marriage.
Again, the mishap occurred when paperwork was not handled properly.