A television weighing 92 lbs fell from a dresser resulting in a fatal head injury to an infant playing in front of the television on a play blanket spread on the floor. Analysis of the stability of the... television established that as little force as 10 lbs. applied at the top of the television, where the channel and volume controls are located, will cause the television to tip. Like many similar televisions, the subject television did not contain any on product warnings relative to a tip-over hazard, nor any other appropriate warnings of any sort disclosing the hazard. Federal District Court Northern District of Indiana.
Personal injury
Vaccine Injury
Jan 01, 2011
OUTCOME: Settlement
In February of 2007, a civilian two year old child living in the household of an Army Serviceman, was exposed to and contracted the vaccinia virus and developed eczema vaccinatum. The child eventually ...overcame acute respiratory distress syndrome, bacteraemia, renal failure, and associated ailments. The vaccinia virus is a “live virus” administered as a smallpox vaccine to encourage the body to develop immunity to smallpox. Candidates must be carefully screened before a medical decision is made to give the vaccine, and the family alleged that the vaccination was given despite a medical screening that determined two clear and well recognized contraindications: a) the serviceman had a prior medical history of a skin ailment consistent with being eczema or atopic dermatitis, and b) members of the serviceman’s household (in particular two small children of the serviceman) at the time of the vaccination had a history of eczema. Federal District Court Northern District of Indiana, Cause No. 2:09-cv-00089-JVB-PRC.
Personal injury
Tanning Bed Defect
Jan 01, 2011
OUTCOME: Trial
Customer was injured while using a tanning booth when her finger and hand got caught in an exhaust fan at the top of the booth. The large metal blade fan was isolated from the patron by only a metal g...rid of circular bars with wide gaps of 1/2 inch in places through which fingers could encroach and was inadequate to protect the patron’s fingers from the fans. Lake Circuit Court, Cause No.: 45C01-1101-CT-00018.
Personal injury
Crush Injury
Jan 01, 2010
OUTCOME: Settlement
An air compressor fell on top of a homeowner while it was being unloaded from a delivery truck. Suit was filed against the shipping company, its driver, the manufacturer of the compressor, and the sell...er/distributor. The delivery driver was unable to fit his pallet jack under the 80-gallon compressor manufactured because the shipping pallet was defectively manufactured. The driver attempted to move the 565 lbs. compressor manually, but it fell crushing the legs of the homeowner who was there to accept the delivery. Elkhart Superior Court, Cause No.: 20D01-0710-CT-55.
Personal injury
Industrial Accident - Railroad
Jan 01, 2010
OUTCOME: Settlement
Worker was injured when he was on the job as a locomotive fuel filler and hurt his shoulder and neck lifting a fuel filling hose (2″ to 3″ in diameter) and fuel filler nozzle assembly (called a “Schnei...der”). The particular hose he was supplied was about 15 – 20 feet long. Normally the hose supplied for this task is about 4 – 6 feet shorter. The fuel filler nozzle assembly he was supplied weighed 45 to 50 lbs. The combined weight of the long fuel hose and fuel filler assembly weighed 75 to 85 lbs. The supplied fuel hose was affixed to a mast/pipe supplied by the employer that was supposed to swivel freely at various swivel joints, which swivels are designed to carry some of the load force from a standard size heavy fuel pressurized hose, but were not designed for the loads created by an extra-long hose. NIOSH safe lifting criteria were violated and that the plaintiff was supplied a work environment that exposed him to an injury producing hazard in violation of the Federal Employers’ Liability Act (FELA). Lake Superior Court, Cause No. 45D10-0612-CT-00223.
Car accident
Tractor-Trailer Rollover
Jan 01, 2008
OUTCOME: Settlement
A tractor trailer rolled over after going around an exit ramp on I-80. Investigation revealed that the weld holding the fifth wheel plate to the trailer gave way causing the trailer, tractor and load t...o turn onto its left side. The load, a large steel coil, never came detached from the trailer. Excess speed was not an issue, since the driver completed the curve and was on the straight away. Once the welds holding the trailer fifth wheel plate to the trailer failed, the failure allowed the fifth wheel plate to peel away from the underside of the trailer, causing the trailer and tractor to overturn while the load remained securely strapped to the trailer. Lake Superior Court, Cause 45D05-0408-CT-00198.
Medical malpractice
Medical Malpractice
Jan 01, 2008
OUTCOME: Verdict
A 55 year old woman with chronic obstructive pulmonary disease (COPD), came to the emergency room due to difficulty breathing. On arrival she had 50% of normal lung function and had suffered a mild h...eart attack. She was urgently intubated and ventilated. After several days in the ICU, she improved and the breathing tube was removed. Shortly thereafter, a nurse noted bleeding in the patient’s mouth, but did not investigate it, or call a doctor to investigate it. Instead, the patient was sent for an MRI. After the MRI, another nurse noted that blood was running out of both sides of the patient’s mouth and pooling on her bed pillow. Her blood pressure became low, and in an effort to raise her blood pressure, the nurse tilted her bed putting her head lower than her feet, and blood and mouth contents aspirated into her lungs leading her to develop pneumonia. It was not then known, but the bleeding was due to the patient’s partial dentures being lodged in her throat and cutting her throat. Efforts to reverse the injuries were unsuccessful and the patient ultimately died. Had the bleeding incident not occurred she had a 60% chance of leaving the hospital and living for two years. Notwithstanding numerous opportunities to observe the dentures in administering daily oral care, no nurse observed or reported the patient’s partial dentures. Hammond Superior Court, Cause No. 45D01-0411-CT-285
Personal injury
Amusement Ride Injury
Jan 01, 2005
OUTCOME: Settlement
A woman was injured while riding on an amusement ride which spins in a circular motion. The amusement ride functions by requiring the rider to lean back against a panel against a wall on the interior o...f a large conical cylinder. When the ride spins up to operating speeds, the panel and rider slide up toward the top of the conical cylinder. When the ride decelerates, the panel moves downward. While the ride was being operated in a fashion contrary to operational instructions, the rider reported experiencing pain in her neck, shoulders and upper body. During the ride she tried to get the operator’s attention, but the operator had the music playing loudly and was laughing and did not respond to her. Federal District Court Northern District of Indiana, Cause No.: 2:05 CV 154.
Brain injury
Truck Negligence
Jan 01, 2004
OUTCOME: Verdict
A truck driver was traveling north on Interstate 65 on December 23, 1996, in a fully loaded truck weighing 65,000 pounds, when he failed to notice two cars stopped behind a red light at the entrance/ex...it ramps to the Indiana Toll Road in Gary. After a week long trial, jurors awarded $1,145,000 in compensatory damages and $15 million in punitive damages against the trucking corporation. Lake Superior Court, Cause No. 45D05-9712-CT-2394.
