Case Background
Louis Versman had active roots in the Santa Cruz community, where he operated a flooring business and served on several local charity boards. He lived a healthy life until a doctor diagnosed him with bladder cancer in 2015. He underwent a major surgery called a cyst prostatectomy, which removed his bladder, prostate, and urethra. While the operation successfully treated his cancer, it left him impotent. Over the years, the erectile dysfunction impacted his mental health, which prompted him to seek medical remedies. In March 2022, Versman consulted with urologist Dr. Edward Karpman regarding a penile implant surgery. After taking a year to consider his options, Versman scheduled the three-piece inflatable penile prosthesis procedure for March 14, 2023.
Cause
The legal action arose from a botched surgical placement during the penile implant procedure at El Camino Hospital. To perform the surgery safely on a patient without a bladder, medical standards dictated that the surgeon place the device reservoir in the lateral retroperitoneal space on the side opposite the surgical opening. Instead of following this method, Dr. Karpman incorrectly punctured Versman's colon and placed the reservoir directly inside the organ.
Injury
The misplaced surgical reservoir caused severe complications. Three days after the surgery, Versman experienced extreme pain and massive swelling, and his scrotum turned completely black and blue. The puncture required an emergency operation to remove the entire implant from his penis and colon. Because of the torn colon, surgeons had to perform a colostomy and attach a colostomy bag. The hospital nurses and a subsequent rehabilitation center failed to manage the bag properly, which caused Versman to wake up covered in feces on multiple occasions. Versman suffered severe depression, isolated himself socially due to uncontrolled flatulence, and faced the reality that the colostomy bag might remain permanent due to extensive scar tissue. Furthermore, during his recovery in April 2023, a routine scan revealed a malignant tumor in his stomach. No one at the hospital notified him of this finding. By the time another doctor discovered the tumor six months later, the cancer had spread to his liver, advancing to stage four.
Damages Sought
Versman filed a lawsuit seeking general, compensatory, and special financial damages to cover his extensive medical bills and ongoing care. He also sought damages for past and future pain, emotional distress, fear, anxiety, humiliation, loss of life enjoyment, and the permanent loss of bodily autonomy. Additionally, he requested punitive damages, interest before judgment, and the payment of his legal fees.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Louis Versman
· Counsel for Plaintiff(s): Brian M. Heit | Preetpal S. Toor | Brady Anderson
· Experts for Plaintiff(s): Andrew G. Rosenberg
Defendant(s): Dr. Edward Karpman and El Camino Hospital
· Counsel for Defendant(s): Bradford J. Hinshaw | Aimal Naqvi | Cyrus Tabari | Faith Wolinsky
· Experts for Defendant(s): Steven Wilson
Key Arguments or Remarks by Counsel
Claims
The lawyers for Versman argued that Dr. Karpman committed medical battery because he performed a completely different procedure than the one agreed upon. They叙述ted that the doctor acted with severe negligence when he punctured the colon and filed a false report stating the surgery went perfectly. The legal team also highlighted that Dr. Karpman ignored obvious signs of a massive infection during post-operative visits, such as the black and blue swelling, and simply blamed the issue on the patient's underwear. Finally, the Plaintiff's counsel claimed medical abandonment. They argued that Dr. Karpman and the hospital staff completely failed to review an April 2023 scan or tell Versman about a visible stomach tumor, which allowed his cancer to grow completely unchecked and spread to his liver over a six-month period.
Defense
Dr. Karpman's legal team denied all claims of battery, negligence, and abandonment. They argued that the doctor had warned Versman that the surgery carried high risks due to previous surgical scarring. The defense asserted that a punctured colon was an inherent risk of the operation and did not equal medical negligence. They also claimed that Versman lied about wanting the surgery to restore intimacy with his wife, arguing he actually sought the procedure to satisfy a mistress, which caused the doctor emotional distress upon discovery. Regarding the missed cancer, the defense argued that Dr. Karpman is a urologist, not a radiologist. They asserted that he properly relied on a certified radiologist's report, which had found no cancerous masses on the scan. Finally, the defense argued that Versman failed to follow medical instructions and notes showed he officially cancelled all future appointments himself, which cleared the doctor of abandonment.
Jury Verdict
The trial concluded in the Superior Court of California for the County of Santa Clara. The jury received the case and deliberated on the specific questions regarding liability, causation, and compensation.
On the first claim of liability, the jury decided that Dr. Edward Karpman acted negligently during the medical care and treatment of Louis Versman. However, on the second claim, the jury decided that the doctor did not commit medical battery, finding that he did not perform the surgery entirely without conditional consent.
When moving to the question of causation, the jury determined that Dr. Karpman's medical negligence served as a substantial factor in causing the severe injuries, financial losses, and personal harm that Versman endured.
Because the jury found the doctor liable for medical negligence, they awarded substantial financial damages to Versman. They granted $50,000 in economic damages to cover his past medical expenses. For noneconomic damages, which included compensation for intense physical pain, mental suffering, anxiety, humiliation, physical impairment, and the loss of enjoyment of life, the jury awarded Versman $7,500,000.
The presiding juror signed and dated the special verdict form on January 21, 2026. The final total award calculated against the Defendant for medical negligence reached $7,550,000.
Court documents are available upon request at [email protected]
