Case details

Wheelchair design caused injury to upper thigh: plaintiff

SUMMARY

$9800000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
neurological, neurological impairment
FACTS
In August 2014, plaintiff Toby Morin, 37, a paraplegic since childhood, was at his home in El Cajon when he was allegedly punctured in his upper thigh by an inward-facing bolt from his Quickie Q7 wheelchair designed and manufactured by Sunrise Medical (US) LLC, and distributed and serviced by National Seating & Mobility Inc. He also claimed that the seat of the wheelchair later collapsed in September 2014, further him and aggravating the already-open wound. Morin sued Sunrise Medical (US) LLC and National Seating & Mobility Inc. Morin alleged that the actions of Sunrise Medical and National Seating constituted negligence, and strict products liability in defective design of the subject wheelchair and their failure to warn of this defect. Morin also alleged that National Seating was strictly liable for defectively manufacturing the wheelchair and breaching the implied warranty of merchantability. Plaintiff’s counsel contended that after Morin purchased the wheelchair in 2011, Sunrise Medical issued a product redesign in 2013 whereby certain bolts within the occupant space of the wheelchair were turned inward, toward the user, without issuing any warning or instruction to the consumer. Counsel also contended that during the same time period, the wheelchair’s seating components began to fail. Counsel contended that as a result, Morin had National Seating perform numerous repairs to the wheelchair over the next year. However, plaintiff’s counsel argued that National Seating improperly inserted the inward facing bolts when they installed a new bracket on the right side of the seat. Counsel further argued that the repairs were made by technicians who lacked any reasonable training or supervision and that as a result, the right side of seat failed again in August, 2014, causing a National Seating employee to install a zip-tie as a temporary repair. Thus, plaintiff’s counsel argued that multiple components of the seating system were too weak to support an expected user and that the inward facing bolts presented a hazard to disabled consumers. Counsel further argued that a combination of defective design, failure to warn, and negligent training combined to cause Morin’s initial puncture wound and the subsequent collapse of the wheelchair seat. Defense counsel contended that Morin’s injury was a pressure sore and presented evidence that Morin had sustained a fracture of his right leg’s femur in 2010, which required a metal plate and other metal hardware to be placed on his right femur. The defense’s physical medicine expert testified that X-rays showed calcium deposits that had formed from the hardware as of July 2014 and opined that this contributed to the formation of a pressure sore on Morin’s upper, right hamstring. Defense counsel denied that the design of the wheelchair was defective or that the defendants owed any duty to warn consumers of the alleged defects. Counsel further denied that the defendants were negligent. The defense’s wheelchair, design, and biomechanical experts testified that it was not possible for the bolt on the back of the wheelchair to make contact with the location of Morin’s alleged thigh injury. In addition, defense counsel presented evidence of an exemplar Quickie Q7 that was drop tested over 7,000 times, noting that the chair did not collapse and that an occupant could not be ejected, as Morin alleged., Morin claimed he sustained a puncture wound on his upper thigh that has remained open for three years. The plaintiff’s emergency medicine expert’s testimony indicated that Morin’s wound will not likely heal without surgery and that the wound has resulted in a neurologic response that causes Morin, a paraplegic, to have violent, involuntary, and painful leg movements that last for hours due to an aggravation of symptoms from his pre-existing spinal cord injury. Plaintiff’s counsel argued that the have subsequently confined Morin to his home. Morin claimed that he now suffers from major depressive disorder. The plaintiff’s psychiatry and psychologist experts testified that Morin’s injury has resulted in significant mental health issues that require life-long treatment, including therapy, periodic neuropsychological testing, and a lifetime of medication routines. As a result, plaintiff’s counsel presented a life care plan of $4.9 million in present value. The defense’s physical medicine and neurology experts opined that the pressure sore persisted due to Morin’s smoking, minimal treatment, and paraplegic condition. In addition, defense counsel presented Morin’s medical records as evidence to show that Morin had experienced lower extremity spasms, depression, and pain syndrome since his 2010 fracture.
COURT
Superior Court of San Diego County, San Diego, CA

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