Wilfredo Velasquez v. Centrome Inc. dba Advanced Biotech
Published: Jan. 26, 2013 | Result Date: Dec. 13, 2012 | Filing Date: Jan. 1, 1900 |Case number: BC370319 Verdict – Defense
Court
L.A. Superior Civil West
Attorneys
Plaintiff
Raphael Metzger
(Council for Education and Research on Toxics)
Defendant
Peter L. Garchie
(Lewis, Brisbois, Bisgaard & Smith LLP)
Ruben Tarango
(Lewis Brisbois Bisgaard & Smith LLP)
Zahed Amin
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
Plaintiff Wilfredo Velasquez was a production worker at a flavoring production company, Gold
Coast, from 2003 to 2005, at which time he was exposed to the chemical diacetyl. Defendant Advanced Biotech was sued by Mr. Velasquez for negligence and product liability because Advanced Biotech supplied 80% of the diacetyl that was used by Gold Coast. Mr. Velasquez also
sued for punitive damages. Mr. Velasquez claimed that he lost 80% of his lung capacity and would need a lung transplant. Advanced Biotech claimed that the diacetyl did not cause the injury and Gold Coast, if anyone, was responsible for any harm to Mr. Velasquez.
Damages
Plaintiff asked for a total of $27 million, which included past and future medical care (two lung transplants), past and future pain, suffering, humiliation, anxiety, disfigurement and emotional distress.
Result
Although the jury found Advanced Biotech to be at fault, the jury found that the conduct of Advanced Biotech was not a "substantial factor" in the plaintiff's harm.
Other Information
The case began in August 2012 with 160 motions in limine and then proceeded to jury prequalification and trial, which lasted until December 15. Although there was a break during the Thanksgiving holiday, the jury verdict was rendered on December 13, two days before the deadline of the jury availability.
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