Trial set over KY doctor's amputation of penis
By Brett BARROUQUEREAssociated Press
Shelbyville, Kentucky (AP) - The dispute between a man and a surgeon from Kentucky in the need to amputate the penis of the patient during surgery in 2008 is set for trial this week.
The doctor maintains he found a cancer in the man's penis during surgery and had to be removed, according to counsel for the doctor. The patient said the surgery was supposed to be a circumcision has never authorized the amputation, and he was not given a chance to get a second opinion.
Jury selection begins Thursday in the lawsuit filed by Phillip Seaton of Waddy and his wife, Deborah, against Dr. John Patterson of Louisville. Lawyers hope to begin opening statements in the afternoon.
The Seatons Patterson continued in the Shelby County Circuit Court in 2008 after an operation that resulted in amputation.
Seaton, now in his 60s, was having the procedure Oct. 19, 2007, to better treat inflammation.
Neither Kevin George, the lawyer for the Seaton, or Clay Robinson, Patterson's lawyer, would comment on the case.George said Shelby Circuit Judge Charles Hickman asked lawyers to refrain from making public statements. Robinson did not respond to phone messages and emails left at his office in recent weeks.
The lawsuit alleges Patterson removed Seaton penis without consulting either Phillip or Deborah Seaton.
George said during a pretrial hearing on August 2 that the case boils down to whether jurors believe the amputation "was a necessary part of surgery."
"It's really a case based on facts," Shelby Circuit Judge Charles Hickman said during the pre-trial conference.
George said that post-surgical notes show the doctor thought he detected Patterson cancer and removed the penis. But George said the situation was not an emergency.
"He did not have to go that way," said George in 2008, shortly after the lawsuit was filed.
Robinson once said that Patterson, a urologist based in Kentucky, was allowed to perform any medical procedure deemed necessary and the doctor found a cancer in the body during surgery. Robinson said that Patterson "had no reasonable choice" but to remove the cancer.
"Mr.Seaton problem was not the surgery he was cancer, "said Robinson in 2008.
The trial was originally set for January, but Hickman has delayed the proceedings due to pre-trial publicity.
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The FDA has been working to define “gluten-free” to eliminate uncertainty about how food producers may label their products and to assure consumers who must avoid gluten that foods labeled “gluten-free” meet a clear standard established and enforced by FDA.
When the FDA published the rule in 2007, it allowed manufacturers to label a food “gluten-free” if the food does not contain any of the following:
an ingredient that is any type of wheat, rye, barley, or crossbreeds of these grains an ingredient derived from these grains and that has not been processed to remove gluten an ingredient derived from these grains and that has been processed to remove gluten, if it results in the food containing 20 or more parts per million (ppm) gluten 20 ppm or more glutenThe FDA continues to believe that these criteria for “gluten-free” are the correct criteria. After the FDA considers the comments received during this comment period, the agency will issue a final rule that defines “gluten-free.
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