Products Liability

A dental hygienist was injured when the dental X-ray unit she was working with came apart from its wall mounting.  To prevent the patient from injury, she grasped and supported the X-ray head of the unit, which weighed about fifteen pounds.  She suffered a tear of wrist cartilage in her dominant hand.  Two surgeries and much therapy later, she was told that she had permanent nerve damage to her brachial plexus, causing marked restrictions on her activities and abilities, daily pain and which kept her from returning to the field of dental hygiene.  A product liability case was brought against the manufacturer relying, in part, upon the malfunction theory to establish the defect.  The case settled in mediation for a confidential but substantial amount, earning the forwarding attorney a large referral fee.