Torrance Memorial Medical Center v. Toshiba Corporation (Japan), Toshiba American Medical Systems
Published: Apr. 8, 2000 | Result Date: Nov. 1, 1999 | Filing Date: Jan. 1, 1900 |Case number: YC3030213 – $2,789,410
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Samuel A. Keesal Jr.
(Keesal, Young & Logan)
Michael M. Gless
(Keesal, Young & Logan)
Defendant
Facts
According to plaintiff, in October 1994, Toshiba installed a cardiac cath lab at Torrance Memorial Medical Center. Between October 1994 and October 1997, ToshibaÆs service department visited the hospital over 200 times in a three-year period to work on the laboratory. According to the defendant, TMMCÆs doctors complained that the fluro image on the laboratory monitor screen was fuzzy and snowy. The system passed all objective tests.
According to the plaintiff, the problems with the system affected the doctorÆs ability to clearly see the catheters and guidewires inserted into the patients during the cardiac procedures.
According to the defendant, over 1800 patients were successfully treated and the equipment never caused or even contributed to any patient problem. At trial, a former Toshiba executive testified for plaintiff that Toshiba internal documents confirmed that Toshiba was aware of this problem since 1993, yet continued to sell the lab to Torrance Memorial and other hospitals in the United States.
According to the plaintiff, ToshibaÆs internal records stated that fluro image quality with the CCD chip was the number one problem across the United States for Toshiba from 1993-1997. The jury found that there was no breach of contract, but that TMMC was entitled to its money back for the system plus additional damages for interest and attorney fees. The jury denied plaintiffÆs request for punitive damages.
Settlement Discussions
The plaintiff demanded $3.5 million ($4 million according to the defendant). According to the plaintiff, the defendant offered $900,000. According to the defendant, Toshiba offered to take the X-ray equipment back for a refund adjusted for the amount of use made by TMMC.
Other Information
The verdict was reached approximately one year and three months after the case was filed. The case is being appealed by Toshiba.
Deliberation
two days
Poll
10-2
Length
14 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390