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A Clayton County judge struck the defenses of a Riverdale medical practice and a doctor and nurse as a sanction for spoliation after determining that the severed tip of an infant’s penis—which had been stored in a refrigerator following an allegedly botched circumcision—was discarded after it became known that litigation was underway.

The order by State Court Judge Shalonda Jones-Parker said the destruction of the tissue, along with the clinic’s cleaning and returning to service a medical clamp used in the procedure, deprived the child’s mother of evidence vital to her case.

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Greg Land

Greg Land covers topics including verdicts and settlements and insurance-related litigation for the Daily Report in Atlanta.

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