A man who underwent a colonoscopy at the Delaware Surgery Center in Dover woke up after the procedure wearing pink women’s panties, and has filed a lawsuit in the New Castle County Superior Court for damages.
Andrew Walls didn’t find it at all funny when he woke up after the unpleasant procedure to find himself dressed in the women’s panties, and is now claiming for intentional infliction of emotional distress.
Attorney Gary Nitsche told reporters, “The defendant’s extreme and outrageous conduct went beyond all possible bounds of decency.”
According to the wording of the lawsuit, Walls suffered “severe emotional stress” as well as mental anguish, lost wages, and loss of earning capacity and is due compensation.
“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. When the plaintiff initially presented for his colonoscopy he had not been wearing pink women’s underwear and at no time did the plaintiff voluntarily, knowingly or intentionally place the pink women’s underwear upon himself.”
The suit offers no further details about the bizarre case, and doesn’t offer any feasible explanation as to how Mr. Walls ended up dressed in pink panties following his colonoscopy.
Benjamin A. Schwartz, an attorney who blogged about the case, wrote the following.
“The question I have is how (as a defendant) do you let this become a lawsuit? How do you not settle this case and let it get out in the community?. This is the type of thing that, if it is true, you want to settle it and get a confidentiality agreement.”
Walls will have to prove some kind of functional impairment if he is to win the lawsuit, and convince the court that the being dressed in pink panties really did cause him extreme emotional distress to the point where he couldn’t make a living as he did before the procedure.