The hum of the factory floor, a constant companion for years, turned into a nightmare on April 6th, 2021. For a hardworking father of eight, a routine graveyard shift became a life-altering tragedy. He was a forklift operator, but like many in his position, he was also expected to keep the massive, aging machinery running. A simple, 30-second fix, a task he’d performed countless times, ended with his hand crushed inside the machine by thousands of pounds of force.
His injuries were catastrophic. Fractures, dislocations, and crush injuries ravaged his right hand, wrist, and forearm. The following eight months were a relentless cycle of agonizing procedures: tissue removal, pins, skin grafts, tendon repairs, even a muscle transplant from his back. Despite the best efforts of surgeons, complications mounted, with infections, bone failures, and crippling pain. Ultimately, his right arm was amputated below the elbow.
But the physical devastation was only part of the story. This was a man who lived for his family, a father who coached his kids’ teams and never missed a school event. Now, he couldn’t even hold his youngest child, just a year old. The loss of his hand robbed him of his livelihood, his independence, and his identity. He faced not only physical pain but also the painful weight of depression, PTSD, and the emotional distress of losing everything he held dear. His partner, once his equal, became his caregiver, shouldering the burden of their large family.
The Coopers team knew this was more than just a case; it was a fight for a family’s future. They understood the complexities of the law, the limitations of workers’ compensation, and the daunting challenge of holding a large manufacturer accountable. They refused to be deterred.
The legal battle was fierce. The manufacturer, with their experts, argued that the machine was safe, blaming the victim. The Coopers team meticulously investigated, challenging every assumption, leaving no stone unturned. They navigated the labyrinth of product liability law, tracing the machine’s history through multiple owners over 30 years, despite modifications that muddied the waters. They even chased down a long-defunct distributor, a two-person operation now run by an elderly man with dementia, to uncover crucial evidence.
The employer, surprisingly, didn’t point fingers. They laid the blame squarely on their employee, claiming he’d been properly trained. This was an uphill battle against OSHA’s findings and the weight of company documentation.
The Coopers team faced another critical challenge: inadequate insurance. The manufacturer and distributor’s policies were far from sufficient to cover the devastating losses. Yet, they persevered. They fought for every dollar, leveraging every legal avenue, refusing to back down. They knew their client’s future depended on it.
In the end, Coopers secured a $4,050,000 settlement. This included the maximum payout from the manufacturer and distributor’s insurance, along with a significant contribution from the employer and related companies. It was a testament to the Coopers team’s unwavering dedication, strategic acumen, and ability to attack problems in unconventional ways.
Prosecuting attorneys: Kimberly Wong, Maryanne Cooper, Miles Cooper, and Robert Igleheart of Coopers LLP.
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