Plaintiff was a 45-year-old man who sprayed a pain-relieving product on his leg only to suffer third degree burns over the entire leg. He retained the law offices of Winer, McKenna, Burritt & Tillis LLP, to bring a case against the product manufacturer.
The manufacturer stated that something other than its product caused the burn or that plaintiff had an extremely atypical reaction to the spray based upon what must have been a rare medical condition. Thus, the manufacturer initially denied responsibility.
The law offices of Winer, McKenna, Burritt & Tillis LLP, was able to search the entire country and find multiple examples of people utilizing the spray who had received anywhere from first to third degree burns. Further, the law firm was able to establish proof that there had been prior lawsuits against the company and reports of burns to the company; thus, the company was not being truthful in its denial of problems and failed to redesign its product despite its knowledge of prior injuries.
RESULT: Confidential settlement on behalf of plaintiff