The plaintiff allegedly fractured her hip while using a medical device manufactured by our client and was allegedly wheelchair bound.  In response, Richard Dongell, Michael Gallagher, and Associate Ani Adjemian attacked plaintiff’s claims, propounding written discovery, noticing her deposition and interviewing her doctors, all in an effort to demonstrate that (1) plaintiff’s injury was not as bad (as she claimed as she had recently taken a trip out of the country without a wheelchair); (2) the warnings provided with the device were adequate and clearly explained how to use the device; (3) plaintiff’s improper use of the medical device caused her injuries; and (4) the medical device was not defective. 

Rather than confront and explain away the evidence we had obtained, plaintiff voluntarily filed a dismissal of her claims against our client.  We believe the plaintiff was particularly frustrated with our discovery that she took a lengthy, foreign trip without the use of a wheelchair—a central claim of her alleged damages.