Illinois Verdicts

Plaintiff(s):

Jerome Kaczorowski (Male, 67 Years)

Plaintiff Attorney(s):

Bruce D. Goodman;
Steinberg, Goodman & Kalish;
Chicago,
IL,
for
Jerome Kaczorowski ■ Ronald W. Kalish;
Steinberg, Goodman & Kalish;
Chicago,
IL,
for
Jerome Kaczorowski ■ Sarah L. Riess;
Steinberg, Goodman & Kalish;
Chicago,
IL,
for
Jerome Kaczorowski

Plaintiff Expert(s):

Mari Truman; P.E.; Biomechanics; Dublin,
OH called by:
Bruce D. Goodman, Ronald W. Kalish, Sarah L. Riess

Defendant(s):

Synthes USA Sales LLC, 

Synthes North America Inc.

Defense Attorney(s):

W. Kennedy Simpson;
Thompson Miller & Simpson;
Louisville,
KY,
for
Synthes USA Sales LLC, Synthes North America Inc. ■ Robert J. McLaughlin;
Segal, McCambridge, Singer & Mahoney;
Chicago,
IL,
for
Synthes USA Sales LLC, Synthes North America Inc.

Defendant Expert(s):

Jorge Ochoa;
Biomechanical;
Menlo Park,
CA called by:
W. Kennedy Simpson, Robert J. McLaughlin

Insurer(s):

self-insured

On June 5, 2008, plaintiff Jerome Kaczorowski, 67, a computer salesman, underwent an L3-4 fusion surgery in a Chicago hospital. The surgeon implanted a Pangea-brand pedicle screw spinal fixation system manufactured and sold by Synthes USA, a Pennsylvania-based corporation. The surgery was revised in October 2008 and again in January 2012, due to non-union. Kaczorowski sued Synthes, claiming products liability. Plaintiff’s counsel claimed the locking cap mechanism and set screws in the system were defectively designed and manufactured, causing the rod in the system to move and the fusion to fail. Plaintiff’s counsel maintained Kaczorowski’s surgeon discovered the loose set screws during the revisions. The plaintiff’s biomechanical expert testified this failure rendered the system unsuitable for its intended use. Plaintiff’s counsel argued alternative designs for the screw threads that would render the screws more-secure existed and were feasible from both an engineering and financial standpoint. Synthes denied products liability. Defense counsel denied any design or manufacturing defects. The defense’s biomechanical expert testified the failure of the screws was unavoidable and that the benefits of the system outweighed the potential risks.

Plaintiff’s counsel claimed that due to the failure of the system Kaczorowski required two, additional spinal surgeries, which did permanent damage to his lumbar muscles. Kaczorowski’s counsel claimed as a result he is in chronic pain, is unable to walk for short distances without a cane or a walker, and is unable to walk for long distances — even with a cane. Further, plaintiff’s counsel maintained he is permanently disabled and unable to work in any capacity. Finally, Kaczorowski’s counsel claimed he has a permanently stooped posture and visible surgical scars. Kaczorowski sought $6,000,000 for past and future pain and suffering, physical impairment, disfigurement, medical expenses and lost income.

The jury found that the system was defective and awarded Kaczorowski $4,318,366.

Jerome Kaczorowski: $375,578 Personal Injury: Past Medical Cost; $157,788 Personal Injury: Future Medical Cost; $1,000,000 Personal Injury: Past Physical Impairment; $385,000 Personal Injury: Past Lost Earnings Capability; $330,000 Personal Injury: Future Lost Earnings Capability; $350,000 Personal Injury: Past Pain And Suffering; $1,700,000 Personal Injury: Future Pain And Suffering; $10,000 Personal Injury: Past Disfigurement; $10,000 Personal Injury: Future Disfigurement

Judge:

Thomas V. Lyons II

Demand:

$1,500,000

Trial Length:

9
 days

Trial Deliberations:

5
 hours

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.