Successfully Resolving a High-Exposure Medical Device Failure Case

Plaintiff was claiming to suffer from acute myelogenous leukemia, or AML, as a result of radiation exposure that occurred while working for his then employer—a large aerospace defense contractor.  Plaintiff alleged that had our client’s product —a pocket-held radiation detection device—worked correctly, he and/or his employer would have known that he was being exposed to radiation and therefore could have taken the appropriate precautions. 

Throughout the litigation, plaintiff consistently demanded a seven-figure settlement.  In response to plaintiff’s claims, Richard Dongell, Michael Gallagher, and Associate Paul Rasmussen mounted an aggressive discovery campaign, and analyzed everything about plaintiff’s alleged exposure, and the performance of our client’s product.  Based on our findings and consultation with experts, we filed a motion for summary judgment arguing that there was no evidence that our client’s product did not work as expected and intended, and therefore no evidence that plaintiff was exposed to any appreciable amounts of radiation while allegedly wearing our client’s product. After considering our motion, plaintiff abandoned his seven-figure demands as to our client, the medical device manufacturer, and accepted $19,500 to settle his claims against our client.