Vested Interest - Tort Briefs - September 2002 Issue

Jury Awards $3.2 Million to Patient

A Texas jury ruled that defective computer equipment, rather than the neurosurgeon, caused an engineer’s permanent impairment from a brain operation and awarded him $3.2 million. A new computerized probe called the "Stealth Station" gave the neurosurgeon the wrong location of a benign brain tumor. The jury found that the computer monitor screen, probe and software program of Sofamor Danek Group had "design and marketing defects." (Houston Chronicle – June 19, 2002)

$15 Million Award Against Cigarette Manufacturer

The U.S. District Court of Kansas ruled that a smoker was entitled to recover punitive damages of $15 million from a cigarette manufacturer. The manufacturer was found to have fraudulently concealed information concerning the addictive nature of its product and its propensity to cause peripheral vascular disease. The manufacturer’s conduct brought with it a high likelihood that serious harm would arise. The profitability of its misconduct was high. (Westlaw Highlights – June 28, 2002)

JuryAwards $1 Million for Blindness

A Cook County jury returned a $1 million verdict on behalf of a woman who became blind after doctors at St. Mary Nazareth Hospital allegedly erred while performing heart valve replacement surgery, causing the woman to suffer a stroke. (Chicago Daily Law Bulletin – July 3, 2002)

New Jersey EMTs Not Immune from Liability

The qualified statutory immunity that is conferred on emergency medical technicians and others for negligence in the rendering of intermediate life support services does not extend to negligence in the preparation of a report provided to the hospital where an emergency patient is brought for treatment. An ambulance service and two EMTs were not immune in a negligence action arising after the death of a patient from an epidural hematoma following discharge from a hospital emergency room. (Westlaw Highlights – July 9, 2002)

Sears Ordered to Pay in Tire Lawsuit

A Texas jury ordered Sears, Roebuck and Co. to pay $10.2 million to relatives of a man who died when a Firestone tire bought from the retailer failed and his SUV flipped. Another jury held Sears 35 percent responsible for the wreck of a Chevrolet Blazer with Firestone Dueler APT-model tires that failed. Bridgestone Corp’s Firestone unit was held 65 percent responsible. The plaintiff was awarded $29 million in that case. (Chicago Sun-Times – July 10, 2002)

Family and Doctor Reach $750,000 Settlement

A Cook County judge has vacated a $16 million jury award to the family of a woman who suffered postpartum depression after the delivery of her third child at Advocate Good Samaritan Hospital. The award was vacated after the woman’s family and the doctor agreed to a $750,000 settlement. The family said her death was caused by medications prescribed by her physician. (Chicago Sun-Times – July 11, 2002)

Cook County Agreed to $19.25 Million Settlement

Cook County has agreed to pay $19.25 million to settle a case on behalf of a 5-year-old girl who suffered brain damage while being treated for burns at Cook County Hospital. At 11months old, she was admitted for second- and third-degree burns covering 35 percent of her body. A doctor prescribed Albumin to treat her dehydration. Her lungs filled with fluid, causing cardiopulmonary arrest and ultimately brain damage. (Chicago Daily Law Bulletin – July 12, 2002)

$21 Million in Med-Mal Lawsuit for Woman’s Death

A Cook County judge approved a $21 million settlement in a medical malpractice lawsuit against Trinity Hospital and two of its doctors for the death of a woman who died after giving birth to her son. Plaintiff attorneys alleged that the woman’s blood pressure dropped below normal, causing cardiac arrest. Her son survived, but suffered brain damage and is unable to care for himself. (Chicago Daily Law Bulletin – July 17, 2002)

$24 Million Verdict Following Motorcycle Accident

A Cook County jury returned a $24 million verdict on behalf of a 28-year-old man who was left paralyzed from the waist down after a motorcycle accident six years ago. The man filed a lawsuit against Yamaha Motor Co. after he attempted to jump his bike, a YZ125 Yamaha motorcycle, from a ramp at a Will County farm. He alleged that the carburetor stuck, causing the bike to continue accelerating. (Chicago Daily Law Bulletin – July 17, 2002)

$290 Million Punitive Damages Award Not Excessive

In Romo v. Ford Motor Co., the California 5th District Court of Appeals ruled that a $290 million punitive damages award against the manufacturer of a defectively designed sport utility vehicle, a 1978 Ford Bronco, was not excessive in light of the automobile manufacturer’s financial condition. The manufacturer had a net worth of $25 billion, daily after-tax profits of $20 million, earned over $100 million from sales of the defectively designed sport utility vehicle and had use of the money for over 20 years. (Westlaw Highlights – July 17, 2002

Employee Successful in Pot Use Argument

The Pennsylvania Supreme Court ruled that while an employee may be terminated for illegal off-duty conduct, such conduct might not preclude collecting unemployment benefits. The Court ruled that a nursing home worker’s illegal drug use was not shown to have affected her work and thus could not justify denial of unemployment benefits under the state’s unemployment compensation law. (The Legal Intelligencer – July 19, 2002)

EEOC Successful in Federal Court

A jury in East St. Louis awarded $85,000 to a diabetic man who was fired two days after fainting at work. The EEOC brought the case in the U.S. District Court for the Southern District of Illinois on behalf of the man, a mechanic at a Ford Motor Company dealership. The EEOC claimed the man was hired by the dealership in April 1996, fainted at work in August 1997, took one day off, and returned to work only to be fired at the end of the next day. The lawsuit was filed under the Americans with Disabilities Act. The jury awarded $25,000 in compensatory damages and $60,000 in punitive damages, but the amount is likely to be reduced. The ADA limits liability for employers the size of the dealership to $50,000 total damages. (Chicago Daily Law Bulletin – July 25, 2002)

Texas County Sues Ford Over Crown Victorias

Nueces County, Texas, has filed a proposed class action against Ford Motor Co., claiming the design of fuel tanks in Ford Crown Victoria police interceptor cars makes them hazardous when struck from behind. A plaintiff’s lawyer says at least 11 police officers have burned to death as a result of such crashes over the last 20 years, and seeks to represent all Texas cities and counties in the lawsuit. (Liability & Insurance Week – July 29, 2002)

$3 Million Settlement after Fatal Auto Accident

A Cook County judge approved a $3 million settlement in favor of the estate of a woman who left behind a husband and two adult children following a fatal automobile accident. A man driving a truck ran through a red light and struck the woman. She died later that day at the hospital. Travelers Insurance Co. will pay the settlement. (Chicago Daily Law Bulletin – July 31, 2002)

Popcorn Injures Lungs

Doctors have found that an ingredient in butter flavoring for microwave popcorn is the cause of a rare and incurable lung disease found in workers at a Missouri popcorn factory. Inhaling the artificial flavoring fumes has caused triple the expected rate of airway obstruction among workers at the factory. The cause appears to be exposure to a chemical called diacetyl, an ingredient in butter flavorings. There is no danger to people who microwave the popcorn and eat it at home. (Chicago Sun-Times – August 2, 2002)

Nissan Dinged $14.4 Million for Design Defect

A design defect in the American version of Nissan’s 1995 Maxima GXE has cost the automaker $14.4 million in compensation for a New Jersey man who suffered severe brain injury while driving a Nissan. His attorneys pointed out that a safety feature present on the European version of the 1995 Maxima would have prevented his injuries. (The National Law Journal – August 7, 2002)

$3 Million Wrongful Death Settlement

TIG Insurance Co. will pay $3 million in the settlement of a wrongful-death lawsuit filed by the parents of a girl struck and killed by a school bus. The girl walked behind a school bus that was backing out of a driveway and died instantly after being run over. In their lawsuit the parents asserted that the bus driver should have checked behind the bus before driving in reverse. In addition, the driver should not have pulled the bus into the driveway, an act that allegedly created a dangerous situation. (Chicago Daily Law Bulletin – August 9, 2002)

WTC Victim Family Accepts Award from The Fund

The family of a recent college graduate in his 20s who died in the World Trade Center attacks has become the first to accept an award from the Victim Compensation Fund. The family accepted the Fund’s offer of a $1.04 million settlement rather than ask for a hearing to present "extraordinary circumstances" to show the award would not adequately address the family’s claim. The Fund determined the family was entitled to $1.19 million in gross compensation and for its pain and suffering. It reached the $1.04 million figure by subtracting $150,000 for benefits the family was to receive from life insurance. (Liability & Insurance Week – August 12, 2002)