Zarwin Baum Attorneys Settle Product Liability Claim on Behalf of Manufacturer

Zarwin Baum shareholder and chair of the firm’s Casualty Defense Department, Theodore M. Schaer, and associate Noah S. Shapiro recently successfully defended a major electronics manufacturer’s healthcare division against a breach of contract, negligence, wrongful death and survival action stemming from the death of an 88-year old woman.

The decendent allegedly spent 2-3 days on the floor of her home following the fall. The Plaintiffs alleged that when the decendent attempted to push the help button on her pendant, the personal emergency response system failed to respond due to the failure of the defendant, who manufactured and provided central monitoring for the system, to properly respond to a loss of power to the unit. The Plaintiffs further alleged that the codefendant, a local hospital and affiliate of the manufacturer, also failed to properly respond to the loss of power. The decedent died following a two-week admission to the hospital and a rehabilitation facility. Prior to her death, the decedent told doctors and relatives that she had pushed her help button seven times while lying on the floor.

Through the filing of a motion in limine to exclude the decedent’s hearsay statements regarding her attempts to push her help button, and motions for a summary judgment seeking to limit the action to a claim for breach of contract and to dismiss the action for lack of evidence, Schaer and Shapiro were able to posture the case such that there was a strong likelihood of dismissal prior to the matter reaching a jury. As a result the lawsuit, for which the Plaintiff’s had made a $1,000,000 demand, was settled for a $50,000 contribution from the manufacturer.