Confidential
Settlement – $0Judge
Court
San Diego Superior
Attorneys
Plaintiff
Evan L. Ginsburg
(Law Offices of Evan L. Ginsburg)
Defendant
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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