PRODUCT LIABILITY. $______ VERDICT - PRODUCT LIABILITY - DEFECTIVE DESIGN OF WATER TANK SITUATED ON 3 LEGS - TANK WEIGHING APPROXIMATELY 2400 LBS TOPPLES ONTO PLAINTIFF'S LEG AS PLAINTIFF MOVES DEVICE TO FRONT END LOADER FOR TRANSPORT - SEVERE LOWER LEG FRACTURES - INITIAL NON-UNION AND CONSIDERATION GIVEN BELOW-THE-KNEE AMPUTATION.

Pages14-15
The jury found the defendant pediatrician 100% negli-
gent and awarded $2,000,000 for wrongful dearth and
$2,500 for funereal expenses.
REFERENCE
Plaintiff’s pediatrician expert: Kevin White, M.D. from
Ventura, CA.
Plaintiff in death of 7-month-old child vs. Defendant pe-
diatrician, et al. Case no. CIVDS1503504; Judge Gilbert
G. Ochoa, 10-22-20.
Attorney for plaintiff: Elliott N. Tiomkin of Law
Offices of Elliott N. Tiomkin in Encino, CA.
$350,000 RECOVERY – MEDICAL MALPRACTICE – PRIMARY CARE NEGLIGENCE –
DEFENDANT PHYSICIAN FAILS TO RECOMMEND OR SCHEDULE FOLLOW-UP TESTING
ON ADRENAL MASS RESULTING IN DELAY IN DIAGNOSING ADRENAL CANCER –
WRONGFUL DEATH OF 76-YEAR-OLD FEMALE.
Montgomery County, PA
In this action for medical malpractice, the estate
of the decedent maintained that the defendant
primary care physician and defendant medical
group provided substandard to their decedent by
failing to order follow-up testing for an adrenal
mass. Consequently, the mass grew and resulted
in adrenal cancer which caused the decedent’s
death. The defendants generally denied all
allegations of negligence and injury.
On July 17, 2014, the decedent presented to the defen-
dant office complaining of abdominal pain and was
seen by a nonparty doctor who ordered a CT-scan of
the abdomen and pelvis which revealed a 7 centimeter
mass and the decedent was diagnosed with adrenal
cancer. She was admitted to a tertiary center and
treated with surgery and chemotherapy. She died from
her illness on January 24, 2015. She is survived by 4 adult
children.
The parties settled their dispute for $350,000.
REFERENCE
TheEstateofJuneErbbyJaceErbvs.DennisJ.Schank
and Pottstown Medical Specialists. Case no.
2015027687; Judge Lois E. Murhpy, 11-17-20.
Attorney for plaintiff: Frank P. Murphy of Murphy &
Dengler in Norristown, PA. Attorney for defendant:
Denise L. Juliana of McGilvery & Juliana in King of
Prussia, PA.
PRODUCT LIABILITY
$4,054,500 VERDICT – PRODUCT LIABILITY – DEFECTIVE DESIGN OF WATER TANK
SITUATED ON 3 LEGS – TANK WEIGHING APPROXIMATELY 2400 LBS TOPPLES ONTO
PLAINTIFF’S LEG AS PLAINTIFF MOVES DEVICE TO FRONT END LOADER FOR
TRANSPORT – SEVERE LOWER LEG FRACTURES – INITIAL NON-UNION AND
CONSIDERATION GIVEN BELOW-THE-KNEE AMPUTATION.
U.S.D.C. - Western District of Texas
In this action for product liability, the plaintiff in
his early 40s contended that the storage tank,
designed and manufactured by the defendant,
and which sat on 3 legs, was defectively designed,
resulting in the storage tank, which weighed
approximately 2400 lbs when empty, toppling and
striking him in the lower leg and causing severe
fractures. The plaintiff asserted that he required a
number of surgeries, almost required a below-the
knee amputation, will permanently suffer
extensive pain and a pronounced limp and will
permanentlybeunabletoworkasainaphysical
capacity. The plaintiff also contended that he
suffered PTSD. The defendant contended that the
water tank was appropriately designed and
manufactured.
The incident occurred when the employer had the de-
vice for approximately 1 year and after it had been
used approximately 10 times. The plaintiff maintained
that the design was such that 85% of the weight was
placed on the front 2 legs, which increased the risk of
thedevicetoppling.Thedefendant claimed that mis-
use by the employer caused the incident. The plaintiff
denied that there was physical evidence to support the
defendant’s position and that the defendant’s conten-
tion should be rejected.
The jury found for the plaintiff and awarded $4,054,500,
including $125,000 for past medical bills, $425,000 for
future medical bills, $50,000 for past physical impair-
ment, $925,000 for future physical impairment, $1500
for past disfigurement, $60,000 for past loss of earning
capacity, $1,343,000 for future loss of earning capacity,
$75,000 for past physical pain and suffering, $1,000,000
for future physical pain and suffering and $50,000 for
past mental anguish.
REFERENCE
Plaintiff’s economist expert: Robert W. Johnson from
Los Altos, CA. Plaintiff’s engineer expert: Michael
Huerta, Ph.D. from El Paso, TX. Plaintiff’s engineer
expert: David Love, P.E. from College Station, TX.
Plaintiff’s labels and warnings expert: Gary Richetto
from Tulsa, OK. Plaintiff’s life care planning expert:
Sasha Iversen, D.O. from San Antonio, TX. Plaintiff’s
orthopedic surgeon expert: David Laverty, M.D. from
14 SUPPLEMENTAL VERDICT DIGEST
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