Can Bicyclist With Seven Week Erection Sue?

January 26, 2014 Posted by mountain-bike-scotland

Boner on a bike

Bicycle boner

A man from Ireland had a seven week erection after a bicycle straddle mishap on the crossbar of his mountain bike. While many people, especially the elder and infirm may like the idea of a permanent hard on, this poor 22 year old did not.  So we ventured out to find a lawyer or solicitor to answer whether or not there was a lawsuit and no one would even give us the interview.

So we went across the pond to former Motherwell Scotland resident, and now California bicycle attorney, Michael Ehline for the answer. The facts relate that a 22 year-old Irishman endured the painful condition for five weeks before seeking medical assistance.  Doctors at the Tallaght Hospital in Dublin who treated the cyclist attempted to compress the erection for two weeks with a special dressing, which resulted as being only a temporary method of controlling the erection. As soon as the special dressing was remove the erection returned.

Doctors then blocked a blood vessel through a non-invasive process to relieve the bicyclist from the injury.
The biker made a full recovery and in one month reported there was no recurrence of the steady erection, though said there was satisfactory erection and intercourse. Doctors researching the harm the bicyclist suffered found there were two previous documented reports of straddle injuries that resulted in prolonged erection injury.
Doctors reported on the patient in the Irish Medical Journal, stating the man was a competitive biker, who suffered a “high-flow priapism” with a rigid erection, which occurs without sexual stimulation.

The 22 year-old had fallen with a leg on each side of the bicycle handle bar, which resulted in bruising, swelling and pain. This cleared up within days, but the unwanted erection continued and upon examination by doctors there was no sign of injuries or discomfort, other than embarrassment. Ehline says that “under California law, specifically, the Knight v. Jewett (1992) 3 Cal. 4th 296 [11 Cal. Rptr. 2d 2, 834 P.2d 696] case, a person assumes the risk of being injured when the mechanism of injury is inherent in the sporting activity. Here, Ehline says, falling off a back, or injuring your crotch area is a typical injury inherent in cycling.  Therefore, you could not sue the property owner for premises liability.”

But, Ehline says that the bicycle manufacturer, seat and handlebar makers could be sued, if there was a defect in the bike itself, if the facts bore out that the bike failed or broke, when used for its manufactured purpose withing the guidelines of use, or if there was inadequate warning of its weaknesses.  Without more facts Ehline says the man with the erection is left owing all these hospital bills himself.

The treatment that was successful involved inserting gel foam with four extremely small platinum coils at what is described as an abnormal connection between an artery and a vein that supplied the blood to the man’s penis.
Taillaght Hospital Dr. Ronan Browne said the treatment had great results for the man and the doctors were pleased with the final result. Browne said it was a distressing time for the young man, as it would be for any young man.

Dr. Browne said that the treatment was minimally invasive, but required a high level of expertise, since doctors had to insert a catheter, which is a flexible tube into the pelvic artery. When inserting the foam and coils into the artery, it carried a slight risk of impotence. The Tallaght Hospital doctor said that it had to be done right to avoid blocking off to much blood supply and using a more invasive treatment would have had a higher risk of impotence. Well, some would consider an erection a blessing, this rider did not, and at least under California law, he can’t even sue for recompense unless the bike caused the injury!


Belfast Telegraph

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