Charles Lennon, the North Providence man who had sued Dacomed Corporation over a faulty penile implant, has decided to accept a $400,000 judgment instead of a retrial. With interest dating from 1996, he will receive about $ 1 million.
Lennon was implanted with a Dacomed Dura-II penile prosthesis in 1996. The implant would not remain in the down position and Lennon experienced pain during intercourse.
In 2004, a jury awarded Lennon $750,000. Later a judge lowered that to a $400,000 judgment. After appeals by both sides, the Rhode Island Supreme Court on Friday gave Lennon 20 days to decide whether to take the $400,000 or have a new trial on damages.
Lennon, 68, a retired handyman, decided to take the money. Lawyer Albert R. Romano said Lennon did not want to face the "agony" of another trial. Also, the company that made the implant, Dacomed Corporation, is bankrupt, and it had a limited insurance policy, he said.
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