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CONFIDENTIAL

Mar. 11, 2003

Personal Injury
Product Liability
Medical Equipment

Confidential

Settlement –  $0

Judge

William C. Pate

Court

San Diego Superior


Attorneys

Plaintiff

Evan L. Ginsburg
(Law Offices of Evan L. Ginsburg)

Richard A. Ascher


Defendant

Bruce S. Bailey

Jeffrey C. Bogart


Experts

Plaintiff

Voyko Banjac Ph.D.
(technical)

Defendant

Stuart Brown
(technical)

David Ostrander
(medical)

Facts

The plaintiff claimed that the defendant's balloon catheter was defectively manufactured, that it broke during a coronary angioplasty, and that the breakage required open heart surgery to remove the catheter remains. The defendant's position was that the catheter performed as designed and broke only when it was subjected to extraordinary force by the user physicians.

Settlement Discussions

The plaintiff's initial demand was $800,000; this was raised to $1.2 million and then reduced to $1 million at trial. The defendant's best offer pre-trial was $50,000. After four days of trial, the defendant, without admitting liability, paid $15,000 for the resolution of the case.

Specials in Evidence

$120,000

Injuries

As a result of the angioplasty, the plaintiff underwent open heart surgery and had resultant scarring and psychological injuries.

Other Information

During trial, the defense attorneys requested an Evidence Code 402, hearing challenging the qualifications of the plaintiff's expert. Although the judge did not rule on this issue or a contemplated defense motion for a directed verdict, he advise the plaintiff to seriously consider settling on the best terms possible before he was required to rule.


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