* This post was prompted by fellow-editor Dave, who posted a comment that he'd like to see more law and medicine blogging.

Two months ago, in T. v. Bristol-Myers Squibb Co., the Tenth Circuit was confronted with the painful issue of priapism.

Priapism is a prolonged and painful erection that can last from several hours up to a few days. The condition is not, however, associated with sexual thoughts or activity. According to Go Ask Alice, these long-term erections have two main causes: 1) certain medications, or 2) medical conditions.

Here, Mr. T. was prescribed Serzone to treat his sleep problems and depression. After the incident, Mr. and Mrs. T. brought suit contending they suffered personal injuries as a result of the drug.

The Tenth Circuit held that the warning contained in the package insert of Serezone was not adequate as a matter of law with regard to priapism. Summary judgment to the defendant pharmaceutical company was overturned, as the District Court erroneously held that plaintiff was unable to establish that a different warning would have avoided his injuries.

With the increased use of antidepressants and impotence medications, litigation concerning priapism will surely be on the rise. It remains to be seen whether the assumption of risk defense will stand up in the face of flaccid warning labels.