| $13,650,000 |
$8,055,000 |
$5,460,000 |
$135,000 |
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Product Liability, Apache Helicopter Gear Box, Spinal Injuries (settlement) |
Case Details
Settlement for two U.S. Army pilots who sustained serious spinal injuries in Iraq when an Apache Longbow helicopter they were piloting lost directional control due to a defective intermediate gearbox and crashed. This was a product liability action brought against the manufacturer of the Apache Longbow, the manufacturer of the intermediate gearbox, and the manufacturer of the vibration detector. A combination of defects led to the crash. The intermediate gearbox failed on account of manufacturing defects, as it was not properly lubricated when manufactured. A vibration detection system with vibration sensors affixed to the intermediate gearbox failed and deprived the pilots the necessary information that a vibration was occurring in the intermediate gear box. The helicopter hit the ground in a flat attitude. Both pilots sustained multiple fracture dislocations of vertebrae in their cervical spines. Both pilots required extensive surgical fixation of the fractures. One pilot was able to return to duty. The other pilot suffered quadriplegia.
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Settlement for two U.S. Army pilots who sustained serious spinal injuries in Iraq when an Apache Longbow helicopter they were piloting lost directional control due to a defective intermediate gearbox and crashed. This was a product liability action brought against the manufacturer of the Apache Longbow, the manufacturer of the intermediate gearbox, and the manufacturer of the vibration detector. A combination of defects led to the crash. The intermediate gearbox failed on account of manufacturing defects, as it was not properly lubricated when manufactured. A vibration detection system with vibration sensors affixed to the intermediate gearbox failed and deprived the pilots the necessary information that a vibration was occurring in the intermediate gear box. The helicopter hit the ground in a flat attitude. Both pilots sustained multiple fracture dislocations of vertebrae in their cervical spines. Both pilots required extensive surgical fixation of the fractures. One pilot was able to return to duty. The other pilot suffered quadriplegia.
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| $9,200,000 |
$6,320,064 |
$2,760,000 |
$119,358 |
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Product Liability, Defective Aircraft Carburetor, Wrongful Death (settlement)
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Case Details
Settlement for two wrongful deaths on account of a defective carburetor on a Cessna aircraft that caused a crash immediately following a take-off. The carburetor in question was defectively designed. The venturi inside the carburetor could melt and get sucked into the intake manifold of the engine causing an engine failure. There was a maintenance bulletin out to replace the venture. The Cessna was in for maintenance, but the maintenance bulletin was not carried out. This case is reported in the ATLA Law reporter at 14 PLLR 48.
Settlement for two wrongful deaths on account of a defective carburetor on a Cessna aircraft that caused a crash immediately following a take-off. The carburetor in question was defectively designed. The venturi inside the carburetor could melt and get sucked into the intake manifold of the engine causing an engine failure. There was a maintenance bulletin out to replace the venture. The Cessna was in for maintenance, but the maintenance bulletin was not carried out. This case is reported in the ATLA Law reporter at 14 PLLR 48.
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| $3,500,000 |
$2,028,000 |
$1,400,000 |
$72,000 |
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Product Liability, Design Defect, Spinal Cord Injury (settlement) |
Case Details
Settlement for a man who sustained a spinal cord injury in a pick-up truck rollover that was cause by a defective suspension component. Our client was driving the pickup truck down the highway when it suddenly went out of control and rolled. A component in the front suspension failed, causing the chassis to drop down and impinge upon a front wheel. After the crash, the manufacturer issued a recall for the defective component. Our client’s spinal cord injury left him permanently paralyzed from the waist down.
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Settlement for a man who sustained a spinal cord injury in a pick-up truck rollover that was cause by a defective suspension component. Our client was driving the pickup truck down the highway when it suddenly went out of control and rolled. A component in the front suspension failed, causing the chassis to drop down and impinge upon a front wheel. After the crash, the manufacturer issued a recall for the defective component. Our client’s spinal cord injury left him permanently paralyzed from the waist down.
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| $2,950,000 |
$1,731,000 |
$1,180,000 |
$39,000 |
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Defective Design of Helicopter, Paralysis & Wrongful Death (settlement)
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Case Details
Settlement for wrongful death of 2 men that were killed when a Hughes 269C helicopter sustained an engine failure and crashed on account of the defective aerodynamic characteristics of the helicopter following a power failure. The helicopter was defectively designed. The design defect was that if there was an engine failure, and the pilot needed to commence an autorotation, the helicopter would “tuck.” The “tuck” feature meant that the nose of the helicopter would tuck nose down and roll. When it tucked, it was virtually impossible to recover from the tuck. This case was reported in ATLA Reporter at 32 ALTA Rep. 10.
Settlement for wrongful death of 2 men that were killed when a Hughes 269C helicopter sustained an engine failure and crashed on account of the defective aerodynamic characteristics of the helicopter following a power failure. The helicopter was defectively designed. The design defect was that if there was an engine failure, and the pilot needed to commence an autorotation, the helicopter would “tuck.” The “tuck” feature meant that the nose of the helicopter would tuck nose down and roll. When it tucked, it was virtually impossible to recover from the tuck. This case was reported in ATLA Reporter at 32 ALTA Rep. 10.
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| $2,500,000 |
$1,644,667 |
$833,333 |
$22,000 |
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Product Liablity, Defective Farm Tractor, Arm Loss (settlement) |
Case Details
Settlement for an arm amputation on a six year old boy caused by a defect on a farm tractor's guard for the power take off. The tractor in question was bought as a used tractor for use on a farm. The original design of the tractor had a guard around the power take off. The guard had been removed, and at the time the tractor was resold, there was no guard on the power take off. Our client was helping his grandfather with farm chores, and he would jump up on a bracket just beneath the power take off and ride as the tractor was moved from place to place. His grandfather stopped the tractor at a gate, and our client hopped off to go open the gate. However, when he hopped off, his jacket contacted the power take off, which was spinning. The power take off wrapped up the jacket causing one of his arms to be traumatically amputated.
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Settlement for an arm amputation on a six year old boy caused by a defect on a farm tractor's guard for the power take off. The tractor in question was bought as a used tractor for use on a farm. The original design of the tractor had a guard around the power take off. The guard had been removed, and at the time the tractor was resold, there was no guard on the power take off. Our client was helping his grandfather with farm chores, and he would jump up on a bracket just beneath the power take off and ride as the tractor was moved from place to place. His grandfather stopped the tractor at a gate, and our client hopped off to go open the gate. However, when he hopped off, his jacket contacted the power take off, which was spinning. The power take off wrapped up the jacket causing one of his arms to be traumatically amputated.
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| $2,500,000 |
$1,400,000 |
$1,000,000 |
$100,000 |
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Product Liability -- crashworthiness - roof crush - spinal cord injury
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|
| $2,300,000 |
$1,091,000 |
$920,000 |
$59,000 |
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Product Liability, All Terrain Vehicle, Spinal Injury (settlement) |
Case Details
Settlement for minor on account of spinal cord injury sustained when he was thrown off of a defective Honda three-wheel all terrain vehicle (ATV). Our client was eight years old. He was operating the ATV on a bumpy dirt road. He got thrown off the ATV. The spinal cord injury caused him to develop permanent paraplegia. The design defect was that the that the ATV’s low pressure large tires caused the ATV to generate forces that a child could not overcome. The ATV was like riding a bull, and no child was strong enough to be able to stay on the ATV if it was ridden over rough terrain. Our client has permanent paraplegia. This case was reported in the ATLA Product Liability Reporter at 8 PLLR 8
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Settlement for minor on account of spinal cord injury sustained when he was thrown off of a defective Honda three-wheel all terrain vehicle (ATV). Our client was eight years old. He was operating the ATV on a bumpy dirt road. He got thrown off the ATV. The spinal cord injury caused him to develop permanent paraplegia. The design defect was that the that the ATV’s low pressure large tires caused the ATV to generate forces that a child could not overcome. The ATV was like riding a bull, and no child was strong enough to be able to stay on the ATV if it was ridden over rough terrain. Our client has permanent paraplegia. This case was reported in the ATLA Product Liability Reporter at 8 PLLR 8
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| $2,200,000 |
$1,191,000 |
$880,000 |
$129,000 |
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Product liability, subdural hematoma (settlement)
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Case Details
Settlement for subdural hematoma caused by defective helmet. Our client was wake boarding, and wearing a helmet that was sold as a wakeboarding helmet. Our client took a hard fall hitting his helmeted head against the surface of the water. Our contention was that the helmet was not suitable for use in wakeboarding. The helmet increased the impact forces the head would experience, over and above the impact forces that a head with no helmet would experience in an identical impact. The resultant increase in the impact forces caused the brain to undergo shearing forces inside the skull, tearing blood vessels between the dura and the brain.
Settlement for subdural hematoma caused by defective helmet. Our client was wake boarding, and wearing a helmet that was sold as a wakeboarding helmet. Our client took a hard fall hitting his helmeted head against the surface of the water. Our contention was that the helmet was not suitable for use in wakeboarding. The helmet increased the impact forces the head would experience, over and above the impact forces that a head with no helmet would experience in an identical impact. The resultant increase in the impact forces caused the brain to undergo shearing forces inside the skull, tearing blood vessels between the dura and the brain.
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| $1,700,000 |
$1,130,730 |
$565,363 |
$3,907 |
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Product Liability, Defective Design, Burns (settlement) |
Case Details
Settlement for a U.S. Army pilot of an Apache helicopter who was burned during a hot refueling incident due to a defective refueling nozzle that resulted in a ground explosive fire. The Apache helicopter was being refueled at a tactical refueling setup. The nozzle on the end of the refueling hose that connects to the helicopter was defectively designed because it could be hooked up backwards and still connect to the helicopter. The nozzle was connected backwards, and when the fuel began to flow to the helicopter the nozzle broke loose and fuel was sprayed all over the helicopter. The pilot was forced to open the cockpit and jump into the flames to avoid being completely immolated. The pilot sustained third degree burns to his face and parts of his body.
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Settlement for a U.S. Army pilot of an Apache helicopter who was burned during a hot refueling incident due to a defective refueling nozzle that resulted in a ground explosive fire. The Apache helicopter was being refueled at a tactical refueling setup. The nozzle on the end of the refueling hose that connects to the helicopter was defectively designed because it could be hooked up backwards and still connect to the helicopter. The nozzle was connected backwards, and when the fuel began to flow to the helicopter the nozzle broke loose and fuel was sprayed all over the helicopter. The pilot was forced to open the cockpit and jump into the flames to avoid being completely immolated. The pilot sustained third degree burns to his face and parts of his body.
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| $1,500,000 |
$847,000 |
$600,000 |
$53,000 |
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Defective Aircraft Component, Military Aircraft, Wrongful Death (settlement)
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Case Details
Settlement for the wrongful death of a U.S. Air Force pilot of an RF-4 on account of a defective micro-switch that allowed flares to be fired inadvertently causing a loss of control resulting in a crash. The Air Force jet was flying a mission to shoot flares. The flares were inside compartments on both sides of the fuselage. When the pilot armed the flare launching system from the cockpit, a light would come on to let the pilot know that the system was ready. For the flare launching system to work, clamshell doors had to open. The clamshell doors were opened by a series of bellcranks. When the doors were fully open, one of the bellcranks would depress a microswitch which would result in the system ready light to come on in the cockpit. On the occasion in question, the clamshell doors on one side failed to open, but the microswitch was stuck in the position it would be in if the doors had opened properly. The pilot got a ready light, even though the clamshell doors were closed. The pilot began launching flares, but because the clamshell doors failed to open, the flares exploded inside the fuselage causing a loss of control and the crash, killing the pilot. It was proved that the microswitch was defectively manufactured and had been in a position since the time of manufacture to give a ready light in the cockpit regardless of whether the clamshell doors were open or closed.
Settlement for the wrongful death of a U.S. Air Force pilot of an RF-4 on account of a defective micro-switch that allowed flares to be fired inadvertently causing a loss of control resulting in a crash. The Air Force jet was flying a mission to shoot flares. The flares were inside compartments on both sides of the fuselage. When the pilot armed the flare launching system from the cockpit, a light would come on to let the pilot know that the system was ready. For the flare launching system to work, clamshell doors had to open. The clamshell doors were opened by a series of bellcranks. When the doors were fully open, one of the bellcranks would depress a microswitch which would result in the system ready light to come on in the cockpit. On the occasion in question, the clamshell doors on one side failed to open, but the microswitch was stuck in the position it would be in if the doors had opened properly. The pilot got a ready light, even though the clamshell doors were closed. The pilot began launching flares, but because the clamshell doors failed to open, the flares exploded inside the fuselage causing a loss of control and the crash, killing the pilot. It was proved that the microswitch was defectively manufactured and had been in a position since the time of manufacture to give a ready light in the cockpit regardless of whether the clamshell doors were open or closed.
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| $1,111,000 |
$594,933 |
$444,400 |
$71,623 |
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Product Liability, Heart Stent, Heart Damage (settlement) |
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test38 |
| $1,000,000 |
$630,000 |
$333,000 |
$36,000 |
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Defective Military Aircraft, Manufacturing Defect, Wrongful Death (settlement)
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Case Details
Settlement for the wrongful death of a U.S. Air Force pilot of an RF-4 on account of a defective fastener hole on the wing torque box that caused a wing to come off in flight resulting in a crash. The pilot was engaged in high g maneuvering during a training dog fight. While in a high g turn, the outboard wing separated from the aircraft, causing the fatal crash. The cause of the outboard wing separation was that a fastener hole on a structural piece of the wing had been improperly finished. There was a failure to chamfer the edge of the fastener hole. The failure to chamfer the hole led to a stress riser, which led to a fatigue failure. When the fatigue failure grew over time, it then caused the structural integrity of the wing to be unable to withstand the usual high g forces of combat maneuvering.
Settlement for the wrongful death of a U.S. Air Force pilot of an RF-4 on account of a defective fastener hole on the wing torque box that caused a wing to come off in flight resulting in a crash. The pilot was engaged in high g maneuvering during a training dog fight. While in a high g turn, the outboard wing separated from the aircraft, causing the fatal crash. The cause of the outboard wing separation was that a fastener hole on a structural piece of the wing had been improperly finished. There was a failure to chamfer the edge of the fastener hole. The failure to chamfer the hole led to a stress riser, which led to a fatigue failure. When the fatigue failure grew over time, it then caused the structural integrity of the wing to be unable to withstand the usual high g forces of combat maneuvering.
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| $615,000 |
$340,000 |
$246,000 |
$29,000 |
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Product Liability, Bass Boat, Wrongful Death (jury trial & settlement) |
Case Details
Settlement for the wrongful death of a man thrown out of a bass boat on account of a defective stick steering system. The bass boat in question had stick steering. The operator of the boat sat up in the bow of the boat with a throttle on one side and the stick steering lever on the other side. When a sudden steering input would be made, the lateral acceleration forces generated at the operator’s seat in the bow could cause the operator to get thrown out of the boat and into the water. That is what happened in this case. The operator was in the water, the bass boat was circling and continuing to circle, and it eventually ran over the operator and killed him. Case was reported in the ATLA Law Reporter, Vol. 26 No. 4
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Settlement for the wrongful death of a man thrown out of a bass boat on account of a defective stick steering system. The bass boat in question had stick steering. The operator of the boat sat up in the bow of the boat with a throttle on one side and the stick steering lever on the other side. When a sudden steering input would be made, the lateral acceleration forces generated at the operator’s seat in the bow could cause the operator to get thrown out of the boat and into the water. That is what happened in this case. The operator was in the water, the bass boat was circling and continuing to circle, and it eventually ran over the operator and killed him. Case was reported in the ATLA Law Reporter, Vol. 26 No. 4
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| $615,000 |
$440,985 |
$153,750 |
$20,265 |
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Defective Swimming Pool, Breach of Contract (settlement)
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Case Details
Settlement for a homeowner against the contractor who built a swimming pool at his home, on account of defective construction of the swimming pool.
Settlement for a homeowner against the contractor who built a swimming pool at his home, on account of defective construction of the swimming pool.
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| $500,000 |
$225,000 |
$250,000 |
$25,000 |
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Product Liability, Defective Hay Baler, Wrongful Death (settlement) |
Case Details
Settlement for the wrongful death of a man who was pulled into a hay baler on account of defective design. In this case, our client’s decedent was bailing hay. Apparently, a large stick got stuck inside the hay baler causing the rollers to be stuck. Apparently, our client tried to reach into the hay baler to dislodge the stick. When he grabbed on to the stick and dislodged it, and the rollers began to turn, the roller grabbed the stick and jerked our client’s decedent into the hay baler and killed him. This was a failure to warn of the danger case. Case was reported in the ATLA Law Reporter, Vol. 25 No. 5.
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Settlement for the wrongful death of a man who was pulled into a hay baler on account of defective design. In this case, our client’s decedent was bailing hay. Apparently, a large stick got stuck inside the hay baler causing the rollers to be stuck. Apparently, our client tried to reach into the hay baler to dislodge the stick. When he grabbed on to the stick and dislodged it, and the rollers began to turn, the roller grabbed the stick and jerked our client’s decedent into the hay baler and killed him. This was a failure to warn of the danger case. Case was reported in the ATLA Law Reporter, Vol. 25 No. 5.
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| $450,000 |
$300,000 |
$148,905 |
$1,095 |
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Product Liability, Medical Device, Throat Injury (settlement)
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Case Details
Settlement for a woman who developed difficulty swallowing following a cervical fusion that was caused by morphogenic bone protein, a product that was marketed off label for use in cervical fusion procedures. The morphogenic bone protein could migrate from the site where it is placed in a vertebra. If it migrates, it causes other tissue it comes in contact with to ossify and become like bone. In this case it migrated to the patient’s esophagus. A subsequent surgery was required to remedy the swallowing difficulty.
Settlement for a woman who developed difficulty swallowing following a cervical fusion that was caused by morphogenic bone protein, a product that was marketed off label for use in cervical fusion procedures. The morphogenic bone protein could migrate from the site where it is placed in a vertebra. If it migrates, it causes other tissue it comes in contact with to ossify and become like bone. In this case it migrated to the patient’s esophagus. A subsequent surgery was required to remedy the swallowing difficulty.
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| $360,000 |
$204,000 |
$144,000 |
$12,000 |
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Product Liability, Defective Firearm, Foot Injury (jury verdict) |
Case Details
Jury verdict for a deputy sheriff whose Colt 45 pistol discharged in his holster hitting him in the foot due to a defective design of the half-cock notch on the hammer. Our client had a Colt 45 pistol in a holster. He was seated at a table. When he arose from the chair, the hammer on the Colt 45 pistol was bumped and the pistol discharged firing a bullet into our client’s foot. The defect in the Colt 45 pistol was that the hammer, when placed in the half-cock position, could “perch.” There were three ways for a police officer to carry the pistol: hammer fully cocked, hammer half-cocked, or hammer all the way down. In the half-cock position, the firing tang is supposed to be safely secured in a notch. However, when an operator lowers the hammer from full cock to half-cock, instead of the firing tang safely seating inside the notch, it perches on the shoulder of the notch. If the hammer is in the “perch” position, and the hammer gets bumped, the hammer will fall allowing the firing pin to impact a bullet with sufficient force to fire the bullet.
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Jury verdict for a deputy sheriff whose Colt 45 pistol discharged in his holster hitting him in the foot due to a defective design of the half-cock notch on the hammer. Our client had a Colt 45 pistol in a holster. He was seated at a table. When he arose from the chair, the hammer on the Colt 45 pistol was bumped and the pistol discharged firing a bullet into our client’s foot. The defect in the Colt 45 pistol was that the hammer, when placed in the half-cock position, could “perch.” There were three ways for a police officer to carry the pistol: hammer fully cocked, hammer half-cocked, or hammer all the way down. In the half-cock position, the firing tang is supposed to be safely secured in a notch. However, when an operator lowers the hammer from full cock to half-cock, instead of the firing tang safely seating inside the notch, it perches on the shoulder of the notch. If the hammer is in the “perch” position, and the hammer gets bumped, the hammer will fall allowing the firing pin to impact a bullet with sufficient force to fire the bullet.
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