Overview
A married father in his fifties suffered a significant brain injury while testing a malfunctioning product he had been asked to repair. After a vigorously contested lawsuit against the manufacturer, importer, and distributor, the claim settled shortly before trial for $900,000.
Key Takeaways
- Settlement amount: $900,000
- Accident type: Malfunctioning product
- Primary injury: Significant brain injury
- Long-term impact: Unsuccessful attempt to return to his pre-injury job and need for ongoing care
- Defendants: Manufacturer, importer, and distributor of the product
- Notable legal issue: The lawsuit was vigorously contested
- Resolution method: Settlement shortly before trial
- Financial impact: Settlement will replace lost income and provide for ongoing care
The Case
Our client, a married father in his fifties, was asked by a relative to repair a malfunctioning product. While testing the product, he suffered a significant brain injury.
He attempted to return to his pre-injury job but was unsuccessful. Oatley Vigmond was retained to bring a lawsuit against the product’s manufacturer, importer, and distributor.
The lawsuit was vigorously contested. At one stage, the client was offered less than the amount that had been spent obtaining expert reports to prove his case. Shortly before trial, the claim settled for $900,000.
Why It Matters
The settlement addressed the significant financial and care needs resulting from the client’s brain injury. His inability to successfully return to his pre-injury employment resulted in lost income, while his injuries created an ongoing need for care.
The $900,000 settlement was reached shortly before the case was scheduled to proceed to trial.