two,
I think Cordaro’s “opinion” certainly led to bias, but Richards was also received as a distinguished expert:
“8. Dr. Brian Alfred Richards, a doctor of medicine in the United Kingdom, with bachelors degrees in medicine and surgery, testified for respondent. Following his internship, he served as a senior medical officer with the rank of major in Her Majesty’s 1st Brigade of Guards. Thereafter he returned to civilian medicine in general practice as a family physician, including areas of surgery, obstetrics, and psychiatry. His particular field of interest is sexual medicine which he described as a study of sexual dysfunction, its treatment and cure (Tr. 121-125). He is regarded by his peers as an expert in sexual medicine (Tr. 157). Approximately 50 percent of his practice is in the field of sexual medicine. He has seen many hundreds of patients in this area (Tr. 126). Many patients seek out Dr. Richards for his expertise in the area of sexual dysfunction and others are referred to him by other physicians (Tr. 202). For several years he has lectured on the subject of sexual medicine at hospitals and post-graduate medical schools (Tr. 126-127). He has written about 100 articles in the field and is a member of the editorial board of the British Journal of Sexual Medicine, a reputable journal read almost exclusively by the medical profession (Tr. 127-129).”
And Richards’ own testimony was powerful and, in some ways, damaging:
“13. Dr. Richards’ conclusion as a result of the test was that the “Chartham Method” is a very certain and very positive working method for enlargement of the penis (Tr. 146, 147). His rationale for the results observed was that as the result of the intense application of the “Chartham Method” for three months the actual tissue spaces of the penis had increased sufficiently to account for the changes in measurement; that the tissue spaces of the erectile tissue of the penis had been expanded to the extent that they would accept more blood during erection (Tr. 146, 147).
14. In Dr. Richards' opinion the “Chartham Method” will enable a large percentage of males to enlarge the dimension of the penis and, to his satisfaction, is a scientifically evaluated and proven effective means for so doing. Further, in his opinion, it incorporates new and significantly different principles from all other methods and products intended to increase the size of the penis that he knows of (Tr. 148).
15. Dr. Richards was skeptical that enlargement of the penis produced by the “Chartham Method” would be sustained for any considerable length of time. He will not be satisfied on that point until he has done further investigation (Tr. 208, 211).”
I think it was that conclusion that hurt Chartham’s chances.
“Dr. Cordaro does not possess the same degree of expertise in the field of sexual medicine as respondent’s witness, Dr. Richards. But he was qualified to testify as to the matters on which this decision turns, particularly the consensus of informed medical opinion in the various areas involved.
Dr. Richards has impressive experience in the field of sexual medicine. He conducted a careful and interesting trial of the “Chartham Method” and “Vacuum Developer”. It may well be that in time, with further testing of such devices, including observation of the long term or permanent results thereof, the consensus will change. But his test results and his opinion based thereon, particularly in view of his scientific skepticism as to the lasting or permanent results of such test, are insufficient to cause me to ignore the consensus of medical opinion to the contrary.