Respected surgeon wins $480,000 in defamation case involving disgruntled patient

A DOCTOR whose patient complained of genital “numbness” has won a $480,000 defamation payout against the man and his brother.

Dr Munjed Al Muderis has won a defamation case against a disgruntled former patient.

A DOCTOR whose former patient threatened to cut his penis off and kill him has won close to half a million dollars in compensation.

Respected Sydney surgeon Munjed Al Muderis was awarded $480,000 after a “vicious” campaign of harassment by a man who was unhappy with the results of his hip operation.

The Supreme Court awarded $320,000 in damages jointly and severally against Gerardo Mazzella and his brother Rodney Duncan, with Justice Stephen Rothman ordering Mr Mazzella to also pay an additional $160,000 in damages to Dr Al Muderis.

The court heard that Gerardo Mazzella had complained of numbness in his penis and scrotum after having the procedure in 2010, but that tests revealed no damage to the relevant nerves.

A furious Mr Mazzella, along with his brother Rodney Duncan, waged an online campaign against Dr Al Muderis, setting up a website, YouTube video and Facebook page wrongly accusing him of medical negligence.

Among the defamatory materials was a mock “Wanted” poster, showing an image of Dr Al Muderis’ along with pictures of “grotesque monsters” and captions including “Dr Al-Muder — Penis Lovechild”.

Dr Munjed Al Muderis is a highly respected surgeon who came to Australia as an Iraqi refugee.

Justice Stephen Rothman said in his judgment that there was “no evidence of any negligence or wrongdoing” by Dr Al Muderis, who presented as “the perfect plaintiff” in the defamation proceedings.

Mr Mazzella had flown to Thailand soon after the operation, contrary to the doctor’s advice “that he not fly so soon after surgery”, Justice Rothman said in his written decision.

“When he returned the usual follow-up appointments were held, during which the first complaint was made of a loss of sensation in Mr Mazzella’s penis and scrotal area,” he wrote.

While it was unclear whether Mr Mazzella’s sexual function was “completely lost” or had “merely diminished”, the decision continued, his campaign against Dr Al Muderis “became more and more vitriolic and escalated to threats ... to “cut off his [the plaintiff’s] penis” and to “kill” him,” Justice Rothman wrote.

The threats included demands for money and suggestions that Mr Mazzella knew where Dr Al Muderis’ wife worked and children went to school, the court heard.

An earlier medical negligence suit and complaint to the Health Care Complaints Commission by Mr Mazzella had both been dismissed, and Dr Al Muderis took out Apprehended Violence Orders against the two brothers.

In assessing the damages, the court noted that Dr Al Muderis was a man of high standing in the community.

“He is involved in charity, works for the Australian Defence Forces, gives of his time and money for persons who are less fortunate and has put Australia at the leading edge of medical technology,” Justice Rothman said.

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