Man sues for R300 000 in Viagra
2004-06-19 09:26
Port Elizabeth - A man is claiming R300 000 from the Road Accident Fund for future medical costs for Viagra tablets after he was left with erectile dysfunction by a car accident.
Fernest Dates, 43, of Butterfield Road, Chelsea, lodged the claim in Port Elizabeth High Court. It is believed to be the first such claim in South Africa.
According to affidavits, Dates claims he will need two or three Viagra tablets a week for the next 31 years.
At present, the tablets cost about R70 each. At that price, it will cost him R338 520 for three tablets a week until the age of 74.
The claim comes after a motorcycle crash on February 14 1998 in which Dates had numerous injuries and broken bones.
These included fractures to his right hip, arms and lower back when a car turned in front of his motorcycle before crashing into him.
Claims he did not have problems previously
As a result of his injuries, Dates apparently has pain in his hips when he is sexually active. This prevents him from getting a full erection.
According to a urologist's report, which was submitted with the affidavits, Dates had not had erectile problems before the accident.
In the past two years, Dates has not had morning erections, reads the report.
The urologist could not give anatomical reasons for Dates erectile dysfunction. According to him, apart from the hip pain, there was also the psychological aspect to be considered.
In total, the claim is for R3.2m. This includes medical costs already incurred, a loss of income, a future loss of income which totals R1.6 million and general damages for shock, pain, suffering and alterations needed for his house.
Apart from Dates's intimacy problems, he will have to have a hip-replacement operation every 15 years, as well as a possible knee-replacement op.
Before the accident, Dates was an electrician with an international company.
According to affidavits, he cannot do this work because of his injuries and he is unemployed.