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Personal Injury (Non-Vehicular)
Product Liability
Strict Liability

David Hern v. Intermedics, Inc.

Published: Apr. 19, 1997 | Result Date: Mar. 3, 1997 | Filing Date: Jan. 1, 1900 |

Case number: C932088SBA –  $1,671,880

Judge

Saundra B. Armstrong

Court

USDC Northern


Attorneys

Plaintiff

William K. Sanders

Lee Burdick


Defendant

John Downing

David W. Condeff


Experts

Plaintiff

Stephen Schmaltz
(technical)

Michael Dansker
(technical)

Gilbert Kliman
(medical)

Barry Feinberg
(technical)

Defendant

Roy Curry
(medical)

Facts

On June 21, 1992, plaintiff David Hern, a 34-year-old copy center site manager, presented to the emergency room at Kaiser Hospital in Oakland complaining of chest pain, dizziness, left ear ache and shortness of breath. Upon examination, it was determined that his pacemaker was not functioning. The plaintiff had never been informed that his pacemaker had been recalled by the manufacturer the previous year. The plaintiff brought this action against the defendant manufacturer based on strict products liability, negligence, fraud, breach of warranty and intentional infliction of emotional distress theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $99,000. The defendant made a settlement offer of $75,000. Per the plaintiff, after liability was determined, the plaintiff demanded $675,000 and the defendant offered $275,000.

Specials in Evidence

$___________ $___________ $254,000 $___________

Damages

The plaintiff claimed $4 million in pain and suffering damages.

Injuries

The plaintiff alleged he suffered post-traumatic stress disorder and depression.

Other Information

The verdict was reached approximately three years and nine months after the case was filed

Deliberation

2 days (liabilty and compensatory damages), 4 hours (punitive damages)

Poll

ls.)

Length

11 days


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