November 16, 2007 |

Product Liability

Our client provides specialized medical equipment to doctors for use in certain types of surgery. The rental of the equipment includes the services of a technician who is present during the medical procedure. A patient, who allegedly suffered a very serious complication, sued the doctor and the hospital and our client (both the company and the technician). Because of the nature of the injury, there were substantial questions about how, or even when, the injury occurred. The matter was expected to be an expensive and protracted litigation. Within the first few months of the case we set the deposition of one of the plaintif’s treating physicians. The doctors was not designated as an expert, although he would have qualified. As we expected, he testified that the injury was one of the most severe he had ever seen, and he testified that causation was unknown. However, as we also expected, he testified that whatever the source of the injury, it was not the device supplied by our client. The plaintiff dismissed our client.