Mitchell v. Homedics U.S.A. Inc.
Published: Dec. 7, 2004 | Result Date: Oct. 25, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV029480CAS Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Wilson C. Hayes
(technical)
Stephanie R. Rizzardi-Pearson
(technical)
Richard H. Andolsen
(technical)
Edwin C. Amos M.D.
(medical)
Defendant
Elizabeth H. Raphael
(technical)
Wade Smith Ph.D.
(medical)
Edward L. Workman
(technical)
A. Jubin Merati Ph.D.
(technical)
H. Ronald Fisk M.D., Ph.D.
(medical)
Facts
The plaintiff suffered a stroke on Nov. 27, 2001 and two epileptic seizures. A neighbor had given her a massage with a Homedics massager on Nov. 25. The plaintiff alleged that the massage by the Homedics Model PA-3H Percussion Manager caused a dissection of her right internal carotid artery which led to the stroke. The defendant argued that the plaintiff's dissection had occurred one to two week's earlier and of causes unrelated to the massager application.
Settlement Discussions
At mediation, the plaintiff's demand was $2.8 million. The defendant's offer was $250,000. The plaintiff offered to come down to $2 million if the defendant would increase its offer to $1 million.
Specials in Evidence
$80,000 $125,000 $1,125,000 $20,000
Result
The jury found for the defendant and against the plaintiffs on the issue of causation.
Deliberation
three hours
Poll
unanimous verdict by seven jurors
Length
seven days
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