Confidential
Settlement – $600,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Marc S. Katz
(Clark Hill LLP)
Experts
Plaintiff
Alexander M. Majidian
(medical)
Edward W. Henretta
(technical)
Arthur Kreitenberg M.D.
(medical)
Defendant
Arthur M. Kahn
(medical)
Facts
On Feb. 12, 1997, the plaintiff, a 50-year-old operating room supervisor, was utilizing a surgical equipment sterilizer which was manufactured and maintained by the defendant. The sterilizer's display panel indicated a problem, at which time the plaintiff, pursuant to her usual procedure, shut the machine off. The panel then indicated "door unsealed" and the plaintiff opened the sterilizer. The sterilization chamber had accumulated boiling water which spilled from the chamber, burning the plaintiff's lower left leg and ankle. The plaintiff brought this action against the manufacturer based on theories of product liability and negligent manintenance.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $___________. The defendant made a C.C.P. º998 offer of compromise for $____________ .
Damages
Per defendant, the plaintiff claimed $325,000 in damages. The plaintiff's employer maintained a workers compensation lien for $55,000 in medical treatment and temporary disability.
Injuries
The plaintiff sustained second and third degree burns to her left ankle area requiring skin graft procedures and subsequent steroidal injections. The plaintiff also claimed permanent scar damage to the left ankle and residual limitation of movement and pain. Per defendant, the plaintiff claimed she would need L-2 future surgical procedures, and claimed that her injuries would cause her a future loss of earnings of over $200,000.
Other Information
The settlement was reached approximately 10 months after the case was filed.
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