Broward Lawyers Negotiate $27M for Toddler Burned in Pressure Cooker Explosion
Fort Lauderdale lawyers John Uustal, Michael Hersh and Catherine Darlson of Kelley/Uustal argued that a defect caused a pressure cooker made by Lifetime Brands Inc. to explode, leaving 3-year-old Samantha Gonzalez with devastating burns.
November 20, 2018 at 05:48 PM
4 minute read
John Uustal, Michael Hersh and Catherine Darlson of Kelley/Uustal in Fort Lauderdale worked out a $27 million settlement with international kitchenware distributor Lifetime Brands Inc. over a faulty pressure cooker that exploded and injured 3-year-old Samantha Gonzalez in Broward.
Gonzalez's grandmother, Caridad Fernandez Reinaldo, was bathing her in the kitchen sink on Sept. 14, 2015, while chicken soup simmered on a nearby stove top, inside a Vasconia 8-quart pressure cooker. But the appliance suddenly malfunctioned, according to the complaint, spraying hot liquid in its wake.
Reinaldo tried to move the pot off the stove top but it buckled under pressure at the same moment, exploding and scalding Gonzalez.
“It's every parent's nightmare,” Uustal said.
Gonzalez, now 5, suffered second- and third-degree burns covering most of her body, and had to have a leg, a hand and all her fingers amputated. Her parents, Luciel Fernandez and Tina Gonzalez, sued Lifetime Brands in 2016, claiming that if they weren't sold a faulty product, the accident never would have happened.
Lifetime Brands denied the allegations and argued that Reinaldo misused the pressure cooker. Defense counsel Michael J. McCausland of Conroy Simberg in Hollywood did not respond to requests for comment before deadline.
|Read the full complaint:
The biggest obstacle for Uustal and his team was proving that the infant's injuries weren't due to her grandmother's actions, and that the pot was faulty and opened under pressure. Consumer Product Safety Commission, police, fire marshals and investigators concluded that Reinaldo had dropped it on the baby.
“And she did drop it, but only because it exploded open,” Uustal said. “It was very difficult to prove what happened.”
Reinaldo struggled to explain what happened, while experts on both sides tested the pressure cooker and came to the same conclusion: it wasn't defective. But something didn't smell right to Uustal's team.
“We knew it opened under pressure because there was evidence all over the ceiling and walls, and there was water on the floor,” Uustal said. “The question was 'how' and 'why' it opened under pressure, not 'could' it.”
A neighbor also recalled hearing a loud noise and someone shouting, 'It exploded! It exploded!' according to Uustal, who ultimately resorted to conducting his own experiments.
“It got dangerous,” Uustal said. “In one of the tests, one of the pressure cookers flew off the pot and almost hit someone, so we had to stop that form of testing.”
Eventually, when Uustal and his team struggled to find new Vasconia pressure cookers, they bought some older models on eBay. And then, a lightbulb moment.
“They started behaving differently,” Uustal said.
According to Uustal, the older pressure cooker had a defective lid-locking system and was unsafe on stoves with temperature above 2,000 watts. Experts had been testing the wrong model.
“We definitely got a little lucky here, but I'm also proud of the fact that we just wouldn't give up after being told by our experts that there was no case,” Uustal said. “In the end it was so clear that their defense expert admitted it.”
Broward Circuit Judge Raag Singhal approved the settlement on Nov. 6, which will allow Gonzalez to get state-of-the-art prosthetics.
“She's a beautiful, happy little girl,” Uustal said. “Even without prosthetics she gets where she wants to go and does what she wants to do. But she deserves the best prosthetic, and just the thought that she can have them for the rest of her life is a relief.”
Uustal's team have filed a report with the Consumer Product Safety Commission, which it hopes will lead to a recall.
More personal injury stories:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSecond Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute read'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Courts of Appeal Conflicted Over Rule 1.442(c)(3) When Claims for Damages Involve a Husband and Wife
Families Settle Court Battle Over Who Owns Parkland Killer's Name, Likeness
4 minute readTrending Stories
- 1Can The Threat of a Bar Complaint Be a Settlement Tool?
- 2Sentencing Commission Addresses Inconsistent Definitions of “Loss”
- 3What Are Forbidden Sexual Relations With Clients?
- 4AEDI Takeaways: Demystifying Hype, Changing Caselaw & Harvey’s CEO Talks State of Industry
- 5New England Law | Boston Announces New Dean
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250