Pomush v. McGroarty

Plaintiffs James and Gudrun Pomush, husband and wife, sued defendants Dr. Brian J. McGroarty, Dr. Everette J. Duthoy,1 and Midway Hospital for battery and negligence in the performance of a vasectomy, allegedly without consent. A district court jury returned a verdict for defendants. Plaintiffs appeal from the order denying their post-trial motions. We affirm.

In April 1971, James Pomush consulted with McGroarty, a urologist, concerning a burning sensation he experienced during urination. Nonsurgical examination and tests indicated prostatitis (inflammation of the prostate) and hypertrophy…