Kitay Law Offices Obtains $1.4 Million Dollar Defective Product Settlement
May 22, 2020OUTCOME: Obtained $1.4 Million Dollar Defective Product Settlement
On a day like any other, our client was working in a factory cleaning the machines. Part of this work required him to turn on the machine and spray it with water using a high-pressure hose. When doin ... g so, our client lost his balance and reached out to save himself from falling. Unfortunately, his hand was caught in the machine and he was pulled in up to his elbow. As a result, our client suffered severe and life-altering personal injuries. Once his arm was pulled into the machine, our client knew life would never be the same. Helpless and in excruciating pain, several co-workers struggled to get our client’s arm out. After almost an hour, they were able to do so. He was rushed to the hospital, but the doctors could not save his arm. It was mangled and useless. Instead, our client underwent an amputation to above his elbow. As a result, he needed a strong, aggressive personal injury lawyer, so he came to Kitay Law Offices for help. It was important to our client that we were able to communicate with him in his native language, Spanish. Fortunately, we filed a faulty product lawsuit on his behalf and ultimately obtained a $1.4 million dollar settlement for him. After recovering in the hospital, our client was allowed to go home. This was just the beginning of his journey on the road to recovery. Our client saw numerous medical specialists to ensure that the amputation had gone well and to help manage his pain. Unfortunately our client experienced what is called “phantom pain.” Further, our client required lots of physical therapy to: - Learn how to use the remaining part of his arm for tasks in his daily life - Work around the phantom pain sensations - Train his brain to understand new body mechanics - Learn how to use a prosthetic limb How would he pay for this treatment and avoid losing everything he had worked for? Our client needed the highest defective product settlement possible for his case. Our client’s amputated arm was not his only problem. Suddenly, he was unable to return to work and could not earn a living. Anxiety and depression grew strong and our client sought mental health counseling. While this has helped our client learn to accept, process, and live with his condition, his mental health will be a lifelong struggle. As for the future, he will need treatment to remain in good mental health for the rest of his life. Knowing that he will require lots of treatment, care, and time to get better, our client needed legal help. Medical bills were already sky-high. Also, he knew the bills would continue to grow over time with all of the doctor visits, testing, and therapy he had already begun. To hold the defective product maker responsible, we began litigation by filing a product liability lawsuit. This is the first step towards collecting a settlement. We brought the defendant into court and forced them to disclose all of their evidence. In addition, we obtained testimony from multiple people who were involved in the design, manufacture, and installation of the defective product. Further, we retained multiple experts who showed that the machine was defective. Our client could not properly clean the defective product without it running at full speed with dangerous teeth and gears fully exposed. As a result, our client could not stop himself from being pulled into the machine once his hand was caught. Long story short, the machine should have been designed in a different manner. After building all of the evidence to show that the product was defective, we were able to obtain the maximum defective product settlement possible for our client. The defendant paid our client $1.4 million to settle his case.