Jury finds no negligence in prostate treatment

A Pennington County jury ruled Friday that a local doctor hadn't been negligent when he performed a prostate procedure later blamed for injuring a man's sexual organ.

The patient, Steve Abraham, sued Dr. Brian Baxter for alleged negligent care and treatment during a January 2016 medical procedure that was supposed to treat his enlarged prostate.

Abraham said the doctor carelessly injected emboli into an artery that led to his penis, rather than to his prostate, causing injury that included penile bleeding, tissue loss and damaged urethra.

His lawyer, Jim Leach, asked for financial compensation, citing a "mutilated" penis as well as pain and suffering. Leach left the amount for the jury to decide, but noted that Abraham is reminded of his disfigurement each time he goes to the bathroom and will live with the condition forever.

Lead defense attorney Lonnie Braun argued that Abraham's injury stemmed from medical complications, not negligence.

"Medicine done well by a well-trained physician still has risks," Braun told the jury during closing arguments Friday morning. Braun said Abraham chose to undergo the procedure, called prostatic arterial embolization, despite knowing it could lead to complications.

Baxter, an interventional radiologist at Rapid City Regional Hospital, emphasized he provided Abraham with care and treatment in accordance with established U.S. standards. His other lawyer, Gregory Bernard, said also that the procedure resolved Abraham's prostate problem.

The jury returned a verdict in Baxter's favor just before 4 p.m. Friday, about four hours after the case was handed to the group for deliberation.

When polled, two of the jurors said they hadn't voted for the verdict. In a civil case, the decision doesn't have to be unanimous; 7th Circuit Judge Robert Gusinsky earlier told jurors at least 10 votes on one side would be enough to decide the case.

Baxter and his lawyers left the courtroom right after the hearing ended.

"The jury found that Mr. Baxter's care and treatment met the standard that was applicable," Braun said when asked for a comment.

Abraham, 65, and his wife joined medical experts in testifying during the five-day trial. The Rapid City man said he had no words to describe the penile injury's effect on his life. He apparently underwent surgery in Colorado to repair his urethra.

Leach said they were "very disappointed" with the verdict.