Dangerous Products
Defective Bike Helmet - $17,000,000 Verdict
Our attorneys obtained a jury verdict in Santa Clara County Superior Court against the largest maker and seller of bicycle safety helmets in the United States. Our client, a 53-year-old software engineer, sustained significant brain injury when he fell from his bicycle and struck his head. The helmet which he was wearing did not protect the most vulnerable portions of his head. Our attorneys demonstrated that although “certified” to industry standards, the helmet failed to provide protection where it was needed most. Our client sustained brain damage and paralysis. The jury’s award included compensation both to him and his wife. The elements of compensation included past and future medical bills, lost wages, and a sum to compensate him for his special needs throughout the balance of his life.
Defective Industrial Aerial Lift - $10,000,000 Settlement
Our attorneys represented the surviving wife and two children of a Northern California real estate developer. While participating as a passenger in a “ride along” on a self-propelled man lift (which was to be used for accessing heating and ventilating ducting in his real estate projects) the decedent was killed when the lift tipped over. Our product liability team demonstrated that the lift, as designed, had a center of gravity that was too high and the risk of tip-over was not adequately protected against either by a widened wheelbase or by the utilization of outriggers. The manufacturer attempted to blame the operator of the device for driving it on an “uneven” exterior surface, when in fact, the lift was intended for indoor use. The recovery made on behalf of our clients included compensation for the future lost earnings of the decedent, and general damages for the loss of a husband and father’s love, care, comfort and society. The settlement included court supervised periodic payments throughout the lives of the two children to provide for college education and security during their young adult years.
Defective Car Seat Belt – $5,769,000 Jury Verdict
Our wrongful death trial lawyers obtained a jury verdict in Los Angeles Superior Court of almost $5,769,000 against Honda Motor Corporation on behalf of the surviving wife and two children of a 43-year-old man killed when his seat belt failed to properly restrain him in a low speed accident. The collision, which produced only minor damage to his vehicle, nonetheless resulted in fatal injuries when his seat belt fractured his ribs, punctured a lung, and lacerated his spleen. The other driver in the accident was not hurt. Using experts in the field of car engineering and design, forensic economists, and medical experts, our wrongful death trial lawyers showed that the design of the car was faulty, and caused the wrongful death. The verdict followed a three week trial, and at the time, was one of the largest in California for an automobile seat belt defect. The recovery included compensation to the heirs for the loss of the love, care and society of the decedent, as well as a sum to compensate them for his lost future earnings.
Defective Medical Device – $5,125,000 Paralysis Settlement
Our catastrophic injury team obtained a settlement in the amount of $5,100,000 on behalf of a 54-year-old woman who suffered major complications after undergoing treatment for esophageal reflux disease. During the procedure, newly designed surgical instrument malfunctioned. After the surgery, our client developed massive sepsis, heterotropic ossification, and paralysis. As a result of the sepsis she also suffered major organ failure, coma and was left in chronic pain. She ultimately lost normal function in her ankles, knees, hips, shoulders and elbows. Although the device was claimed to comply with all FDA regulations, our attorneys demonstrated that the design of the surgical tool was defective. The recovery included compensation for medical bills, past and future, as well as lost wages and damages for pain and suffering.
Industrial Metal Forming Machine - $4,500,000 Settlement
We successfully represented the interests of a 42-year-old metal worker who suffered catastrophic brain injury after a 50 pound piece of metal was ejected from a metal-forming lathe which was manufactured by the defendant, a Japanese corporation. On behalf of our brain damaged client, our attorneys demonstrated that the lathe had been manufactured and sold without analyzing all possible failure modes, and without including protection for work pieces or chuck components to be contained within the chamber of the lathe. Our attorneys were able to prove that the manufacturer knew of at least two similar lathe accidents, but had taken no remedial action. Under the terms of the settlement, approximately 75% was paid in cash, and 25% was dedicated to the purchase of multiple annuities to help pay for ongoing medical costs and to provide financial support for the wife and children of our injured client. As part of the settlement, a worker’s compensation lien in excess of $1,000,000 was also compromised and waived.
Defective Jet Ski - $3,760,000 Jury Verdict
Our product liability trial lawyers obtained a jury verdict in Napa County Superior Court in the amount of $3,760,000 on behalf of a 42-year-old woman who received serious and life-altering abdominal injuries when she fell from the rear of a Polaris model SLH-700 Personal Water Craft. The injury, which occurred on Lake Berryessa, was the result of high pressure jet stream from the rear of the water craft flowing into our client’s lower intestinal tract. She sustained damage to her bladder, sacral plexus, cosmetic scarring over her abdomen, and serious orifice injuries. Prior to trial, the maker of the jet ski had offered only $100,000 in settlement. The verdict is one of the largest in the history of Napa County.
Dangerous Diabetes Drug - $2,500,000 Settlement
Our pharmaceutical injury lawyers successfully recovered $2,500,000 on behalf of a 63-year-old Sacramento woman who was prescribed a diabetes drug that resulted in liver failure and the need for a liver transplant. The drug had been approved by the FDA, but was later recalled. The drug maker initially claimed that the drug was safe. However, our attorneys were able to demonstrate that the manufacturer knew about problems with impaired liver function, but never adequately warned doctors or the public about this side effect, and limited any mention of possible liver damage to the “fine print” of its package insert. Because of the manufacturer’s failure to tell prescribing doctors about the problem, our client’s physicians were unaware that her liver failure was due to the drug – delaying an accurate diagnosis for almost six months, by which time her condition had become life-threatening.
Defective Hot Tub – $2,500,000 Wrongful Death Settlement
Our attorneys negotiated a settlement in the amount of $2,500,000 on behalf of the parents of a 4-year-old girl who was burned over 80% of her body while bathing in the family hot tub. Our attorneys demonstrated that the manufacturer of the hot tub had installed a defective thermostat, permitting the water to become unreasonably hot. The child survived for 61 days following the incident. The settlement was paid by the manufacturer of the hot tub. The settlement was paid in satisfaction of the parents’ wrongful death claim, as well as the mother’s emotional distress claim, as she was present when her daughter was scalded and sustained fatal injuries.
Seat Belt Defect - $2,000,000 Settlement
Our product liability attorneys recovered $2,000,000 from a U.S. automaker on behalf of a 15-year-old girl who was ejected from an SUV after her mother fell asleep at the wheel and caused the vehicle to roll. The child was ejected through the passenger side window even though she was properly seat belted at the time of the accident. Our attorneys, and experts retained by them, were able to demonstrate that the vehicle was defective in design because the seat belt system failed to perform as expected, and to restrain a front seat occupant when the front seat was reclined. The automaker claimed that the minor child was not wearing her seat belt at the time of the accident, but experts retained by our attorneys were able to demonstrate, using photogrammetry and fiber analysis, that marking of the seat belt demonstrated it had been “loaded” by the body weight of the 15-year-old as she was ejected through the window, proving that the belt was in use at the of the collision.
Unsafe Scaffold – $2,000,000 Settlement
Our construction litigation team obtained a cash and annuity settlement with a value in excess of $2,000,000 on behalf of the survivors of a sheet metal worker who fell four stories to his death through a defective scaffold railing at a construction site near San Francisco. The decedent was working as an independent contractor on a re-roofing project at a large private residence. Our attorneys demonstrated that the building, which had been entirely scaffolded by a subcontractor, was in an unsafe condition. Using experts in construction site management, scaffold erection, and forensic economics, our wrongful death attorneys proved that the scaffold and its cross-arms has not been properly secured and that it was this error which resulted in the decedent’s death. The recovery included economic damages exceeding $1,000,000, representing the loss of future salary, benefits and household services of the decedent.
Seat Back Failure - $1,500,000 Settlement
We represented a woman who was paralyzed in a high-speed rear-end collision. After being struck by a drunk driver, her driver’s side seat collapsed, causing a lumbar vertebra rupture and lower extremity paralysis. Our vehicle defect team, working in association with automobile design engineers and reconstruction engineers, were able to demonstrate that the driver’s side seat, as designed, could not withstand normal and expected forces that happen in rear-end collisions. The manufacturer claimed that the seat, as designed, complied with all government requirements and specifications. The settlement was negotiated two weeks before trial, and included repayment of past medical bills, reimbursement of future wage loss, and the establishment of annuities to offset the cost of future care.
