Product Liability Claim $202,500 Settlement
In the case of John Doe, M.D. vs. ABC International, Inc., et al. (the identities of the parties have been changed to protect confidentiality) the parties settled for $202,500 after mediation. The plaintiff, Dr. Doe, was a gastroenterologist with privileges at a certain Hospital ("Hospital"). The Hospital purchased pedestal glass coffee mugs with the Hospital logo stenciled thereon for use by physicians and staff members. On May 30, 2003, just prior to performing procedures at the Hospital, the plaintiff attempted to utilize one of the mugs to get coffee. The mug was turned upside down and the plaintiff grabbed the base of the mug to turn it over. The stem fractured and the broken mug fell onto the plaintiff's wrist, causing the laceration of tendons and nerves and a resulting 16% permanent impairment of his master hand.
The mug was manufactured by ABC International. A separate company stenciled the logo onto the mug. A third company known was the distributor who sold the mug to the Hospital.
The plaintiff had the mug examined by an expert glass engineer located in Illinois. The expert examined the mug and determined that it was defective in that it had an internal crack caused by thermal stress, which weakened the mug to such an extent that the pedestal separated in the plaintiff's hand when the minimal force was applied to turn the mug over. The expert was able to opine that there was no exterior damage to the mug, resulting from use and/or abuse.
The plaintiff required hand surgery. The plaintiff required six weeks to recover from said surgery, which resulted in substantial economic losses while he was unable to perform colonoscopies and other procedures on his patients.
Approximately one week before trial the parties submitted this matter to private mediation. The plaintiff initially demanded $300,000 and the defendants offered, in the aggregate, approximately $100,000. The case was settled for $202,500