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Nerve Injury Settlements: Defective Products

Nerve Injury Settlements: Defective Products

A doctor examining a woman’s back

In this article, we’ll break down the following:

The nervous system is involved in every biological function of the human body. Everything from your heart rate, blood pressure, and temperature regulation to your ability to sense heat, cold, and pain is regulated by nerves.

Because of how central nerves are to bodily functions, nerve damage can have a devastating impact on your quality of life. It can cause partial or full loss of function, loss of feeling, and chronic pain that never lets up.

If you or a loved one has suffered nerve injury due to what you believe was a defective product, you can hold the at-fault party accountable for your damages. Here’s everything you need to know about nerve injury settlements involving defective products.

Defective Products and Nerve Injuries – Overview

The human body has three categories of nerves, each with its own unique set of functions.

  • The autonomic nerves control the involuntary and partly-voluntary functions in the body, such as temperature regulation, digestion, heart rate, and blood pressure.
  • The motor nerves control voluntary actions and movements in the body by transmitting signals between the brain and the muscles.
  • The sensory nerves transmit signals between the brain and the skin, allowing you to feel pain, heat, cold, and other sensations.

When nerves get pinched or scraped, the result is mind-numbing pain. However, this is minor compared to nerves getting severed. This type of injury often results in permanent, irreversible damage, also known as neuropathy. Nerve injury falls into one of three categories:

  • Neuritis: A condition where inflammation causes nerve compression.
  • Mononeuropathy: A term describing damage to a single nerve.
  • Polyneuropathy: Damage to multiple nerves, which can affect one or multiple areas of the body.

Symptoms of autonomic nerve injuries include:

  • Changes in blood pressure
  • Constipation or diarrhea
  • Dizziness
  • Fainting spells
  • Heat intolerance
  • Inability to sweat
  • Rapid heart rate

Symptoms of motor nerve damage include:

  • Coordination issues
  • Cramps
  • Muscle atrophy
  • Muscle weakness
  • Paralysis
  • Twitching sensations

Symptoms of sensory nerve damage include:

  • Burning, throbbing, or shooting pain
  • Coordination problems
  • Difficulty walking
  • Inability to feel pain
  • Numbness
  • Tingling sensations

While most nerve injuries are accident-related, others can be attributed to medical negligence or defective products. For instance, a slip-and-fall accident due to a defective ladder can cause nerve damage. A crushing injury from a defective forklift can also lead to nerve injury.

Defective saws and mowers can cause deep lacerations that sever the nerves. Blunt trauma resulting from a defective tire rim blowout can also cause nerve damage. The possibilities are endless.

Examples of Products That Caused Nerve Injuries

Defective Home Appliances

  • A user reported suffering severe burns when the steamer they were using exploded, releasing a stream of scalding hot steam into their right hand. Upon medical examination, the victim was diagnosed with post-burn neuropathy. The steamer manufacturer failed to warn users of the inherent burn risk posed by their product.

Defective Consumer Products

  • An individual was riding a tricycle at approximately 11 mph when the rear wheel ejected. As a result, the tricycle flipped over, causing the rider to crash head-first into the concrete. The impact caused permanent damage to the spinal nerves exiting the intervertebral foramen. The nerve injury resulted in a condition known as dysphagia, which affects the victim’s ability to breathe and swallow normally. The wheel ejection was attributed to a design defect because it had no thru-axle.
  • A consumer was sitting on a stool when it suddenly collapsed under him, throwing him sideways. As he fell, his right hand hit the edge of a nearby workbench, causing bruising and nerve injury. Upon closer inspection, the victim noticed that the plate on which the seat was mounted had torn, which was the reason the stool collapsed in the first place.

Florida Product Liability Laws and Regulations

A product liability action, as defined by Florida 2021 Statutes 768.81(1)(d), is a civil action brought against an individual, enterprise, or corporation for injuries resulting from the manufacture, design, assembly, preparation, installation, formation, or construction of a product. Product liability lawsuits in Florida are based on any one of three legal premises: Strict liability, negligence, or breach of warranty.

If you have sustained injuries or damages from what you consider to be a defective product, you can lodge a product liability lawsuit against the at-fault party due to any of the following:

  • A design defect: An error in a product’s blueprint that presents inherent risks when used as intended.
  • A manufacturing defect: An error in a product’s production process that renders it dangerous for its intended purpose.
  • A marketing defect: A failure to provide adequate usage instructions or warnings to the consumer on the product’s potential risks to the end user.

It is also worth noting that Florida’s Economic Loss Doctrine prohibits individuals from lodging product liability claims if the only damages they sustained were financial. A plaintiff would also need to have sustained actual physical injury or property damage to file a lawsuit.

If you choose to go the strict liability route, you must demonstrate to the court that:

  1. A relationship between the manufacturer, designer, or distributor and the product in question exists;
  2. The product was defective;
  3. The defect rendered the product unreasonably dangerous when used as intended; and
  4. The product was the proximate cause of the injuries you sustained.

On the other hand, if you go the negligence route, you must show that the at-fault party owed a duty of care to you, that their actions were in breach of that duty, and that you suffered injury and damages due to that breach.

Notable Nerve Injury Cases in Florida Caused by Defective Products

Anderson v. J&J, 6:20-cv-2393-WWB-GJK (M.D. Fla. Aug. 16, 2021)

Issue: Plaintiff Sara Anderson filed a lawsuit against defendants Johnson & Johnson and Ethicon, Inc. for injuries sustained by her decedent Sharon Davis. Davis developed complications after a TVT pelvic mesh product manufactured by Ethicon (a subsidiary of Johnson & Johnson) triggered adverse side effects in the patient, including nerve entrapment, chronic pain, chronic infectious response, and urinary dysfunction.

In her complaint, Anderson alleged that the TVT products manufactured by Ethicon contained materials such as collagen and polypropylene, which aren’t biologically compatible with human tissue. This, in turn, causes the body to create an immune response, subsequently causing the degradation of the mesh and surrounding tissue.

The plaintiff’s causes of action were for strict liability, negligence, failure to warn, breach of express warranty, breach of an implied warranty, and more.

Result: The court found in favor of the plaintiff in her negligence, design defect, failure to warn, and unjust enrichment claims.

Parrish v. City of Orlando, 53 So. 3d 1199 (Fla. Dist. Ct. App. 2011)

Issue: Plaintiff Patricia Parrish filed a negligence action against the City of Orlando, FL, for shoulder injuries she sustained after she tripped and fell on an uneven sidewalk. In her lawsuit, Parrish stated that the City’s failure to properly maintain the sidewalk made it solely responsible for the accident. The trauma to her shoulder caused severe nerve damage, scarring, and a limited range of motion.

Result: The jury assigned 85% fault to the plaintiff, and 15% to the City, subsequently awarding her $ 181,929 in damages for past and future medical expenses.

Settlements in Nerve Injury Lawsuits

When filing a nerve injury claim, the amount you can recover in compensation largely depends on your ability to establish and justify the extent of your injuries and damages. Recoverable damages include present and future medical expenses, lost wages, lost or diminished earning capacity, pain and suffering, mental and emotional anguish, rehabilitation costs, and more.

Unlike other defective product injuries, quantifying the pain and suffering associated with nerve injury is often difficult. It is, therefore, in your best interest to work closely with an experienced product liability attorney. They’ll be able to assess the nature and extent of your injury to come up with a fair settlement figure.

Factors That Determine Settlement Amounts in Nerve Injury Cases

Below is a list of factors that influence the settlement amount you can recover in a nerve injury case:

  • The type, severity, and extent of your nerve injury
  • Whether the damage is permanent
  • Your occupation and ability to earn a livelihood
  • Your level of fault
  • The at-fault party’s level of fault
  • The availability of insurance coverage
  • The level of medical care required
  • Medical expenses incurred so far, including out-of-pocket incidentals
  • The impact of the nerve injury on your quality of life
  • Pain and suffering
  • Cost of retaining full-time in-home care if your nerve injury results in permanent disablement

Notable Nerve Injury Settlements in Florida

$1 Million Settlement for Nerve Injury Sustained in Motorcycle Accident

A 56-year-old man was involved in a bike-car collision at an intersection in Sarasota, FL. The victim, who was riding a motorcycle at the time and had the right of way, was hit by a driver, causing the victim to be ejected from his bike and land on the pavement.

The victim suffered multiple fractures, shoulder abrasions, and a nerve injury in his arm. The at-fault driver’s insurance company settled the victim’s claim for $1 million.

$1 Million Verdict for Nerve Injury Sustained in Car Crash

A woman was rear-ended by an uninsured driver, suffering severe herniations to her C4/C5, C5/C6, C6/C7, and L4/L5 discs and bulging of her L5/S1 disc. The displaced C5/C6 and C6/C7 discs caused stenosis, while the bulging L5/S1 disc resulted in a pinched spinal nerve.

The victim underwent several surgeries, including a spinal fusion, a corpectomy, and a discectomy, to correct her condition. A Hillsborough County jury awarded her $1 million in damages.

$54,000 Settlement for Nerve Injury Resulting From Tooth Extraction

A 21-year-old man filed a nerve injury claim against his dentist after a tooth extraction went wrong. The young man alleged that the dentist failed to inform him of the risks associated with the procedure. Following the extraction, the patient developed paresthesia caused by an injury to his inferior alveolar nerve. The defendant settled the case for $54,000.

Sackrin & Tolchinsky: Background

Alan Sackrin and Larry Tolchinsky have over 60 years of cumulative courtroom experience. They have successfully represented clients in arbitration, civil litigation, appeals, and mediation matters in various practice areas, including:

  • Catastrophic car accidents
  • Wrongful Death
  • Slip and Falls
  • Insurance claims/denials
  • All other serious personal injury claims

Sackrin & Tolchinsky attorneys are committed to giving clients the best possible legal representation for fast and fair resolutions to their legal problems. Our firm has employed the latest technology to provide personalized professional support and keep the costs of service delivery low.

Sackrin & Tolchinsky’s Experience as Injury Claims Lawyers

Alan Sackrin is a Board Certified civil trial attorney based in Florida with over four decades of experience representing clients in personal injury, product liability, slip-and-fall, and automobile collision claims. He has gone up against large corporations, litigated complex cases, and secured significant settlements for injured victims.

One of Alan’s notable wins was a $175,000 recovery for a client who sustained a serious back injury in a slip and fall accident at Wendy’s. While other firms declined to represent the victim, terming the case “hard to win,” Alan and his team of accomplished attorneys worked tirelessly to secure a fair settlement for his client. The victim’s injury resulted from spilled water on the floor, the source of which remains unknown.

Get Legal Help

If you or a loved one has suffered nerve injury from what you deem to be a defective product, consult a product liability attorney as soon as possible.

Sackrin & Tolchinsky attorneys have extensive experience representing nerve injury victims of defectively manufactured products. They have the knowledge and legal expertise to help you prove your case and get the settlement you’re entitled to.

Get in touch with us today for a free case evaluation to discuss the specifics of your claim.

Frequently Asked Questions

What is a nerve injury, and how can it be caused by a defective product?

A nerve injury refers to damage that occurs when a nerve gets pinched, scraped, stretched, compressed, or severed, compromising the brain’s ability to communicate effectively with organs and muscles. Damage to the nerves can be due to an accident or medical negligence. Crushing injuries, lacerations, and blunt trauma resulting from a defective product can also cause nerve injury.

What types of compensation can I receive in a nerve injury lawsuit?

A nerve injury settlement factors in your physical, emotional, and financial damages. These include, but are not limited to:

  • Present and future medical expenses
  • Lost wages
  • Lost or diminished earning capacity
  • Pain and suffering
  • Mental and emotional anguish
  • Rehabilitation costs

How do I prove that a product was defective and caused my nerve injury?

In Florida, victims of defective product injuries can file a product liability claim against the responsible party on the legal principle of negligence, strict liability, or breach of warranty. To prove cause in a strict liability claim, you must demonstrate to the court that:

  1. A relationship between the manufacturer, designer, or distributor and the product in question exists;
  2. The product was defective;
  3. The defect rendered the product unreasonably dangerous when used as intended; and
  4. The product was the proximate cause of the injuries you sustained.

On the other hand, if you go the negligence route, you must show that the at-fault party owed a duty of care to you, that their actions were in breach of that duty, and that you suffered injury and damages due to that breach.

Common forms of evidence presented in nerve injury claims include:

  • Accident and/or medical reports
  • Medical bills
  • Photographs of your injuries
  • Photographs of the defective product and the product itself
  • Proof of purchase
  • Photographs of the scene of the incident
  • Financial evidence to prove loss of income
  • Witnesses statements
  • CCTV footage

How long does it take to receive a settlement in a nerve injury claim?

There’s no standard duration. The time it takes to settle your injury claim depends on several factors, including:

  • Whether the insurance company or defendant is willing to enter into settlement negotiations;
  • The length of “discovery” including the time and number of depositions; and
  • Whether the victim has attained a suitable level of recovery to determine the level of permanent injury.

With that in mind, receiving a settlement can take anywhere from a few months to a year (or more in complex cases).

How long do I have to file a claim for a nerve injury caused by a defective product in Florida?

The statute of limitation for product liability cases based on strict liability is 4 years. For product liability cases based on negligence, please call us to discuss, as a recent statutory change in the law has caused uncertainty to the limitations period.

What is my nerve injury worth?

There is no specific settlement amount for nerve injury victims. Each claim is unique, and the recoverable damages depend on several factors, including:

  • The type, severity, and extent of your nerve injury
  • Whether the damage is permanent
  • Your occupation and ability to earn a livelihood
  • Your level of fault
  • The at-fault party’s level of fault
  • The availability of insurance coverage
  • The level of medical care required
  • Medical expenses incurred so far, including out-of-pocket incidentals
  • The impact of the nerve injury on your quality of life
  • Pain and suffering
  • Cost of retaining full-time in-home care if your nerve injury results in permanent disablement

Do You Have A Question? Call Alan Sackrin Today For a Free Case Evaluation

As a Board-Certified Civil Trial Expert for over 40+ years, Alan Sackrin has extensive experience with product liability lawsuits. He offers a free initial consultation (over the phone or in-person) to answer your questions. When you’re ready to speak with an expert civil trial lawyer about your product liability case, call Alan at 945-458-8655.