Facts

Plaintiff, age 53, sustained a ruptured right eardrum resulting in right-sided hearing loss during earmold impression (EMI) for purposes of obtaining a hearing aid. Plaintiff's husband caught his wife after plaintiff passed out during the EMI.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendant hearing facility utilized the services of a hearing aid dispenser for purposes of EMI in violation of California law. Plaintiff contended that the dispenser improperly placed an oto-block to prevent the EMI silicone from lodging in the eardrum.

DEFENDANT'S CONTENTIONS:
Defendant contended that the risk of eardrum rupture is a rare but known risk. Defendant had no explanation for the lack of documentation proving that any examination had taken place to show that the hearing aid dispenser insured that the oto-block had been accurately placed.

Specials in Evidence

$32,000 $35,000

Injuries

Plaintiff suffered severe right-sided hearing loss, perforated eardrum requiring reconstruction, and related balance/gait issues.

Result

The case settled for $225,000.

Other Information

FILING DATE: May 12, 2009.