Brain Damage Due to Machine Failure

Our traumatic brain injury team negotiated a cash and annuity settlement with a present cash value of $4 million on behalf of a 47-year-old metal worker who suffered a catastrophic brain injury after a 50-pound piece of metal was ejected from a metal-forming lathe that was manufactured by the defendant corporation. Walkup attorneys demonstrated that the maker manufactured the lathe without analyzing and protecting against all possible failure modes. Our lawyers showed that the defendant was aware of at least two similar lathe accidents. Under the terms of the settlement, approximately $3 million was paid in cash and $1 million was dedicated to the purchase of multiple annuities to pay for ongoing medical costs. Our TBI attorneys also resolved a workers’ compensation lien in excess of $1 million, which was compromised and waived.