The lawsuit filed by Christopher Woods, of Manhattan, said he bought the nutrition beverage, which is made by Novartis Consumer Health, at a pharmacy on June 5, 2004, and drank it. Today marks the statute of limitations.
Novartis' Boost Plus web site describes the aptly-named drink as "a great tasting, high calorie, nutritionally complete oral supplement for people who require extra energy and protein in a limited volume," in vanilla, chocolate and strawberry.
Woods' court papers say he woke up the next morning "with an erection that would not subside" and sought treatment of the condition, called severe priapism. They say Woods, 29, underwent surgery for implantation of a Winter shunt, which moves blood from one area to another.
The lawsuit, filed late Monday, says Woods later had problems that required a hospital visit and penile artery embolization, a way of closing blood vessels. Closing off some blood flow prevents engorgement of the penis with blood and lessens the likelihood of an erection.
Woods' lawsuit, which seeks unspecified damages, names Novartis Consumer Health as a defendant. A spokeswoman for the company, Brandi Robinson, said Tuesday the company was aware of the lawsuit but did not comment on pending litigation, the AP reports. Woods' lawyer did not return telephone calls for comment Tuesday.