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Personal Injury
Product Liability
Manufacturing Defect

Jason Theis, Lynne Theis v. Abercrombie & Fitch

Published: Nov. 14, 2009 | Result Date: Feb. 3, 2009 | Filing Date: Jan. 1, 1900 |

Case number: YC051602 Verdict –  Defense

Court

L.A. Superior Redondo Beach


Attorneys

Plaintiff

Steven M. Karp

Keith E. Walden


Defendant

Michael A. Dolan Jr.
(Dolan & Associates)

Michael A. Dolan Jr.
(Dolan & Associates)


Experts

Plaintiff

Craig Snyder
(medical)

Gabriele Goldaper
(technical)

Franklin C. Milgrim
(medical)

Mark W. Tamarin
(medical)

Kenneth A. Solomon
(technical)

Defendant

Irwin Goldstein
(medical)

Facts

Plaintiff Jason Theis, age 33, claimed that the pants he purchased from defendant Abercrombie & Fitch contained a sewing needle in the crotch of the pants that were left there during the manufacturing. When the plaintiff put on the pants, he claimed that the needle penetrated his perineum, traveled to the pubic bone and broke leaving at least one piece of needle in the perineal area. As a result, the plaintiff claimed to become instantly and permanently impotent. The plaintiff claimed to have remove one piece of the needle about one week post-incident and to have videotaped the removal. The videotape was lost before trial.

Settlement Discussions

No offers were made.

Specials in Evidence

$20,325 $647,025

Damages

The plaintiff requested a verdict of $5.25 million.

Injuries

Plaintiff claimed severe psychiatric injury and bodily injury in the form of permanent impotence, and that the incident has ruined his marriage. Plaintiff claimed no previous erectile dysfunction problems prior to the incident. Lynne Theis claimed loss of consortium. Abercrombie & Fitch contended that the incident and events claimed by plaintiff did not occur, that plaintiff did have previous marital problems, which he and his wife denied, and that the erectile dysfunction problem was the result of diffuse penile fibrosis unrelated to any puncture injury to the perineum.

Result

Defense verdict. The court awarded $32,142 in costs to defendant based on plaintiff's motion to strike/tax costs.

Other Information

EXPERT TESTIMONY: Mark Tamarin, M.D., opined that the needle damaged arteries and vessels causing blood flow disruption to plaintiff's penis. He further opined the x-rays showed a piece of the needle remains in plaintiff's scrotum. According to defense counsel: After a defense medical examination, plaintiff presented an x-ray purportedly showing a piece of metal in the scrotum. On a defense motion, the court ordered plaintiff to submit to a MRI, which the defense contended showed that the metal was at the surface of the scrotum and could easily be removed. Several months later on a defense motion, the court ordered plaintiff to undergo a painful duplex doppler ultrasound, which undermined the plaintiff's medical expert's opinion that there had been damage to arteries and vessels that disrupted the blood flow. Irwin Goldstein, M.D., testified that the cause of plaintiff's dysfunction was penile fibrosis, which had nothing to do with a needle penetrating the perineum. FILING DATE: Aug. 25, 2005.

Deliberation

four hours

Length

two weeks


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