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Product Defect Case Results

Defective Products

Multimillion-dollar award — A five-month-old baby was undergoing liver surgery at a hospital for children in Pittsburgh when a "grounding pad" was placed on the baby's thigh to be used in conjunction with an electric scalpel. However, the nurses placed the grounding pad incorrectly and did not observe it properly during the surgery. As a result, the baby suffered a third-degree burn on her thigh and three days later had her leg amputated at the hip. A medical malpractice claim was filed against the hospital and a products liability claim was filed against the company, which manufactured the grounding pad because they knew that the pad had caused burns in the past and did not adequately warn people how to safely use it. We obtained a multimillion-dollar award for this child.

Multimillion-dollar recovery for the parents of a young child who suffered severe brain damage as a result of her head and neck becoming entrapped in a storage box that did not have a proper safety latch on the lid. The claim was brought against the national retail chain that sold the box. Click here to read more details of this case.

Verdict in excess of $1 million A 10-year-old girl from Coraopolis, Pennsylvania, suffered serious facial fractures and injury to her eye as a result of being struck in the head by a hose that had come loose from a fire truck speeding through her neighborhood. The hose came loose from a compartment, which did not have a net or door to hold it in place. We filed a defective product claim against the fire truck company on the ground that they had not properly designed the hose compartment. A jury rendered a verdict in excess of $1 million for this child.

Recovery in excess of a million dollars A traveling salesman from Pittsburgh suffered serious burns when a propane tank on a travel trailer exploded. We filed a claim against the company that sold the trailer on the ground that they had inadequate warnings about how to guard against leaks in the propane system. A significant recovery in excess of a million dollars was obtained on behalf of this gentleman.

Significant seven-figure award Three young children from Monroeville, Pennsylvania, died in a Christmas Eve fire. Local investigators concluded that the fire appeared to have started in a corner of the living room. With the assistance of fire consultants, electrical engineers and metallurgists from around the country, we were able to determine that the fire started in a television set located in that part of the house. We filed a defective product claim against the manufacturer of the TV on the ground that its circuit system was defective and was prone to create "hot spots" that could lead to a fire. After extensive litigation, we received a significant seven-figure award on behalf of the parents of these children.

Large seven-figure award A newborn baby was undergoing an angiogram at a Pittsburgh hospital when a part of the tube used for the test broke off and became lodged in a blood vessel near the baby's knee. This foreign object cut off blood supply to the rest of the leg, and the leg suffered gangrene and had to be amputated. By using a team of scientific and medical experts, we successfully sued the manufacturer of the tube on the ground that it was too brittle, and we also successfully proved that the doctor was using too much force in trying to push the tube in when he should have known there was problem, and thus, causing it to break. We obtained a large seven-figure award on behalf of the child and her parents.

Recovery of nearly $1 million A young single male from Pittsburgh was killed as a result of a sudden oil leak that occurred while he was operating his Honda motorcycle near Frick Park in Pittsburgh. The leaking oil sprayed on his rear tire and caused the driver to lose control and strike a telephone pole. The attorneys at Gismondi & Associates filed a defective product claim against Honda on the ground that the "O" rings for their oil filters were not properly designed and had a propensity to come loose. In this personal injury lawsuit, we obtained a recovery of nearly $1 million on behalf of this young man's parents.

Recoveries totaling in excess of a million dollars A Pittsburgh husband and wife along with their three daughters suffered serious injuries when their conversion van rolled over in a highway accident, and the roof of the van came off, thereby causing all of the occupants to be ejected. We filed claims against the driver who caused the accident as well as the maker of the van, General Motors, and the "conversion" company that customized the van and put the defective roof in place. After a lengthy litigation, recoveries totaling in excess of a million dollars were obtained on behalf of the family and, in particular, the 14-year-old daughter who was the most seriously injured of the group.

Large six-figure recovery — A single mother from Erie suffered a serious cut to her hand and fingers when a glass houseware device used to grind nuts broken in her hand. We relied on engineers to piece the broken glass back together and were able to eventually determine that there was a defect in the glass when the product was originally sold. We obtained a large six-figure recovery on behalf of this homemaker.

Six-figure recovery A 16-year-old boy from Uniontown, Fayette County, suffered serious hand injury due to lack of guarding on a piece of farm equipment that he was using. A defective product claim was filed against the seller and designer of the equipment, and a six-figure recovery was obtained on behalf of this young man.

Large six-figure recovery A hair stylist from Pittsburgh suffered lacerations to his hand in an accident involving the blade of a power lawn mower. We filed a claim against the manufacturer of the mower on the ground that the machine was inadequately designed and did not have proper instructions to prevent injuries of this sort. A large, six-figure recovery on behalf of this gentleman was obtained.

Six-figure recovery A construction worker from Washington, Pennsylvania, suffered burns to his arms and hands due to a flash fire that occurred when gas leaked from a chainsaw that he was using while working on a bridge. We filed a claim against the manufacturer of the chainsaw and were able to prove that the gas cap was not designed properly to prevent leaks. We obtained a six-figure recovery on behalf of this man.

Verdict of $500,000 — A factory worker from Verona suffered a ruptured disk when the chain on a forklift which was supporting him broke causing him to crash to the floor and severely jolt his back. We filed a defective product claim against Clark Equipment, the manufacturer of the forklift on the ground that they had not given proper instructions about how to check for weakness in the chain and when to replace it. A jury returned a verdict of $500,000 on behalf of this man.

Six-figure recovery A young girl from Somerset suffered serious lacerations to her foot when she was run over by a power lawn mower being driven by her grandfather. The attorneys of Gismondi & Associates filed a defective product claim against the makers of the mower on the ground that it did not have proper safety devices to prevent injuries when the mower was cutting in reverse. We obtained a six-figure recovery on behalf of this child, and the money was safeguarded for her future needs.

Recovery in excess of $1 million A coal miner from western Pennsylvania was fatally injured in an underground mining accident involving a conveyor belt. Attorneys from Gismondi & Associates filed a product liability claim against the manufacturer of the conveyor belt and were able to establish that the equipment did not come with proper operating instructions and warnings. Our attorneys obtained a recovery in excess of $1 million on behalf of this man's widow.

An elderly man from DuBois suffered serious orthopedic injuries in a nursing home when a piece of equipment that was lifting him broke causing him to fall to the floor. We successfully proved that both the nursing home and the manufacturer of the equipment were at fault and resolved the claim in favor of the family.

Very significant six-figure recovery A four-year-old girl from Uniontown suffered severe lacerations to her foot when she was run over by a riding lawn mower being operated by her grandfather. We filed a defective product lawsuit against the manufacturer of the lawn mower on the ground that the mower was not equipped with appropriate safety devices and guards to prevent injuries of this sort when the mower was being operated in reverse. We obtained a very significant six-figure recovery on behalf of this child and the money was safeguarded for her future needs.

Recovery in excess of a million dollars An iron worker from Penn Hills, Allegheny County, was killed when the boom on a crane malfunctioned during a bridge repair. The crane had been supplied in poor working order by a crane rental company. A claim was also filed against the crane manufacturer, JLG Industries, on the ground that the equipment was not properly designed. We obtained a recovery in excess of a million dollars on behalf of the widow of the iron worker.

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