Products Liability

$9.2 million verdict in first Zimmer hip-implant case. Los Angeles County.

59-year-old man injured by a defective metal-on-metal hip implant manufactured by Zimmer. He underwent two hip replacement surgeries in 15 months, lives with chronic pain.

Case Name: Gary Kline v. Zimmer Holdings Inc.
Date of Verdict or Judgment: Friday, July 24, 2015
Type of Case: Products Liability

Plaintiff's TMJ is exacerbated when she bites down on metal in sandwich from market. $200K. Los Angeles County.

Woman with long history of TMJ says she bit into metal ball inside a sandwich she bought at Gelson's. Defendants admitted liability, contested causation.

Case Name: Raina Ring v. Gelson's Markets, et al.
Date of Verdict or Judgment: Thursday, June 25, 2015
Type of Case: Food Preparation, Products Liability

Woman says Foster Farms chicken was contaminated, made her ill. Defense verdict. Los Angeles County.

Woman says she consumed contaminated chicken processed by Foster Farms, her preferred brand of chicken, which caused Guillain-Barre syndrome.

Case Name: Ruth Rivera v. Foster Poultry Farms
Date of Verdict or Judgment: Thursday, February 05, 2015
Type of Case: Food Poisoning, Products Liability

Rear-center-seat passenger in older Toyota has no shoulder restraint, suffers paraplegia. $11.7 million verdict after no offer. Monterey County.

Older model Toyota does not have shoulder belt (3-point restraint) for rear-center-seat passenger. Plaintiff's intoxicated driver loses control and hits a tree. No offer before trial.

Case Name: Hill v. Toyota Motor Sales, USA Inc., et al.
Date of Verdict or Judgment: Friday, October 17, 2014
Type of Case: Products Liability

Auto mechanic worked on brakes, dies of mesothelioma. $10.9 million gross verdict. Fresno County.

Plaintiffs' decedent worked on brakes as an auto mechanic, and also worked as a plumber. He was exposed to asbestos in both jobs. Punitive damages against defendant Honeywell (Bendix). Very low section 998 settlement offer by defendant.

Case Name: Phillips v. Honeywell International, Inc. et al
Date of Verdict or Judgment: Wednesday, May 28, 2014
Type of Case: Asbestos, Products Liability

Jet ski crashes into boat that suddenly turns in front of it. $21.7 million product liability and negligence. Los Angeles County.

Drunk grandfather towing grandkids in raft suddenly turns in front of jet ski on Colorado River near Blythe. Jet ski passenger suffers brain damage. Jet ski manufacturer sued for product liability.

Case Name: Fabiola Esparza v. Polaris Industries Inc., Douglas Lane
Date of Verdict or Judgment: Tuesday, July 23, 2013
Type of Case: Boating Accident, Products Liability

$5 million awarded to elderly parents when scuba diver dies due to defective equipment. Los Angeles County.

Scuba diver dies off Catalina Island when breathing apparatus fails; diver had pre-existing heart condition. Defense offered $93K, but jury awards $5 million to decedent's elderly parents.

Case Name: Horace Myers, Joanne Myers v. Förvaltningsobolaget Insulan AB dba Si Tech
Date of Verdict or Judgment: Friday, February 01, 2013
Type of Case: Products Liability, Wrongful Death

Auto mechanic wins $6.8 million verdict against Ford Motor Co. for mesothelioma. Alameda County.

Plaintiff was an auto mechanic with decades of asbestos exposure from Ford parts such as brakes, clutches and gaskets. He was forced to give up his auto repair business when he was diagnosed with mesothelioma. Majority of jury verdict was for pain and suffering.

Case Name: Patrick Scott and Sharon Scott v. Allied Packing & Supply, Ford Motor Company, et al.
Date of Verdict or Judgment: Monday, November 19, 2012
Type of Case: Asbestos, Products Liability, Toxins

$8.3 million verdict when worker falls as he tries to escape runaway construction hoist. San Francisco County.

A 39-year-old construction worker falls 50 feet from an out-of-control construction hoist. Injuries result in an amputated arm and severe depression. Swedish manufacturer of the product denies liability, but is found 57% negligent by jury.

Case Name: Kammerer v. Alimak Hek AB
Date of Verdict or Judgment: Thursday, August 23, 2012
Type of Case: Construction Site Accident, Products Liability

$12 million for med mal and medical device product liability, including punitives. San Diego County.

Device intended to minimize swelling after orthopedic surgery causes non-freezing cold injury. Doctor prescribes it despite prior settlement for malpractice over same device and type of injury.

Case Name: Whitney Engler v. Breg, Inc.; David Chao, M.D.; & Oasis, MSO, Inc.
Date of Verdict or Judgment: Tuesday, July 31, 2012
Type of Case: Fraud, Medical Malpractice, Products Liability

$11.3 million for driver injured when truck’s defective wheel hub fails. San Francisco County.

A garbage-truck driver was awarded $11.3 million for back injuries sustained when his truck's front wheel failed due to a defective hub. The 998 offer was only $350,000, and the offer at trial was $1 million.

Case Name: Mariolle v. Volvo Truck, Consolidated Metco and Wittke Manufacturing
Date of Verdict or Judgment: Friday, May 18, 2012
Type of Case: Products Liability