Professional Negligence Law Reporter

Berto Lopez, whose license to practice medicine was revoked by the Florida Board of Medicine, circumcised 10-day-old Gabriel Lubben. During the procedure, an artery was cut, necessitating stitches to stop the bleeding. The child continued to cry and bleed after the procedure, and he began to experience swelling. Lopez instructed Lubben’s father to administer Tylenol or lidocaine. The next day, Lubben was taken to a pediatrician, who referred him to a urologist. The child was diagnosed as having suffered an injury to the tip of his penis.

Lubben, through his parents, and the parents, individually, sued Lopez and Palm Beach Medical Practitioners, LLC, alleging that Lopez had negligently injured Lubben’s penis during the circumcision and failed to recognize the injury and refer him to a urologist. The plaintiffs also asserted that Lopez had failed to obtain written consent and failed to inform the parents of the status of his medical license.

The jury awarded $100 million.

Citation: Lubben v. Lopez, No. 50-2022-CA-000905-XXX-MB (Fla. Cir. Ct. Palm Beach Cnty. Aug. 27, 2024).

Plaintiff counsel: AAJ member Gary Cohen, Boca Raton, Fla.; and AAJ member Aimee Ferrer, Coral Gables, Fla.