An Illinois man, Gary Winner, pleaded guilty to criminal charges in Rhode Island after selling “penis enlargers” to diabetes patients to help with “bladder control, urinary flow and prostate comfort.” This could make for an a particularly novel product liability claim as well as a negligence case.
Under an agreed upon deal, Winner, 49, admitted to buying $26 penis enlargers from an adult website, repackaging them and selling them to patients for $284 each.
For products liability, he would be considered a seller covered under strict product liability. He could try to argue that he was merely supplying a service rather than a product, but the repackaging items would appear to refute that defense. To the same extent, the actual manufacturers would appear free of liability since few would say that the use of penis enlargers for diabetes patients is a “foreseeable misuse.” Obviously, there is a warning defect and a negligence claim.
Winner could face up to 33 years in prison. With the plea, Winner is looking at serious time and the ultimate reaffirmation both legally and medically that size is not everything.
Source: AZ Central