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Sunday, October 19, 2014

Man seeking damages after waking up from colonoscopy exam wearing pink panties

A Delaware man woke up after a colonoscopy wearing pink women's underwear, placed on his body while he was under sedation, he claims in court. Andrew Walls, of Magnolia, says he was not wearing pink women's underwear when he presented himself for a colonoscopy at the Delaware Surgery Center in Dover on Oct. 12, 2012. The complaint filed on Friday in New Castle County Superior Court names the center as a defendant along with Eden Hill Surgical Group. Walls says he "was placed under anesthesia" to facilitate the procedure. "When the plaintiff recovered from the effects of the anesthesia administered by defendants, he awoke to realize that while he was unconscious pink women's underwear had been placed on his body." Walls adds that "at no time did [he] voluntarily, knowingly, or intentionally place the pink women's underwear upon himself." "Defendants' extreme and outrageous conduct went beyond all possible bounds of decency," the lawsuit later states.
In addition to experiencing "shame, embarrassment and personal humiliation" because of "the inappropriate undergarment," Walls says "severe emotional distress" caused him to lose his job. Walls blames the "extreme and outrageous conduct" of defendants for his troubles, saying they failed "to maintain proper policies and procedures for the care of patients with respect to not engaging in extreme and outrageous conduct which caused the plaintiff severe emotional distress."
Though Jennifer Anderson, the director of Delaware Surgery Center LLC, ultimately declined to comment in an interview, she first gave some possible context to the suit. "Andrew D. Walls was an employee," Anderson said. "We have not seen the complaint yet." Anderson would not comment on whether Walls was the victim of a practical joke, given his apparent employment by Delaware Surgery Center. The complaint seeks punitive damages for negligent and intentional infliction of emotional distress.

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