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
Court
USDC Northern
Attorneys
Plaintiff
Defendant
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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