Doody v. Castle Rock Healthcare Services, Inc.
dba Advanced Medical Sales, Chad Therapeutics, Inc.

A personal injury and products liability case involving the spontaneous combustion of an oxygen device while being used by the victim while watching a Christmas show in a theater. Victim suffered terrible burns to his legs. Combination settlement and verdict totalling $249,224.68.

Defendant's Medical Expert Witnesses:
Charles F. Landers, Director of Critical Care, Sharp Memorial Hospital
7901 Frost Street San Diego, CA 92123 619-541-3366 Pulmonary Mediciine

Plaintiff's Technical Expert Witnesses:
Joseph F. Dyro, Phd, Biomedical Resource Group, 12 Bob's Lane, Setauket, NY 11733
Engineer specializing in biomedical engineering
Leonard Wharton, Evidentia Engineering, 10 Park Place Short Hills, New Jersey 07078
Chemical Engineeer and Chemist

Defendant's Technical Expert Witnesses:
Robert A. Kadlec, Kadlec Engineering, PO Box 1952, Santa Monica, CA 90406, 310-471-1395
Mechanical Engineer

Defendant Insurance: For Chad: Mt. Hawley Insurance; For Castle Rock: Legion Insurance

Date, Time and Place of Incident(s): 12/19/99, Coronado, CA

Facts and Background:  
Plaintiff, Joseph Doody, was a 73 year old man who relied on a portable oxygen unit after lung surgery in 1998. On December 19, 1999, Mr. Doody and his roommate, Bill Coughlin, met friends at the Lamb Theater to attend a Christmas show. They enjoyed the first half of the play and, at intermission, Mr. Doody went to use the restroom. When he came back, he carefully placed the heavily padded bag containing the oxygen tank, which had a regulator and electronic oxygen conserver, on the floor between his legs and cradled it with his feet. Seconds after he put the canister down and settled back in his seat, he saw a flash of blue flames coming up from the floor in front of him. At first, he did not know what had happened. Then he realized that the oxygen system he had leased from the defendant, Castle Rock Health Care Services, Inc., dba Advanced Medical Sales had somehow burst into flames and his legs were on fire. Immediately, a theater guard rushed over to Mr. Doody, pulled him out of his seat, and rolled him on the floor to extinguish the flames. The manager of the theater successfully extinguished the burning oxygen equipment, called the Fire Department and an ambulance. The paramedics treated Mr. Doody?s burns, gave him oxygen, and transported him to Coronado Hospital. Two days later he was admitted to UCSD Medical Center Burn Unit. He suffered third degree burns to his ankle and calf. Eventually, he had three surgeries performed, including the grafting of skin taken from his thigh and placed over his burns. While in the hospital, he suffered respiratory distress and was transferred to the ICU for two days.

Plaintiff's Contentions, Allegations:
Plaintiff contended that Advanced Medical supplied Mr. Doody with an oxygen system that had a nylon washer which the manufacturer of the system warned against using with the subject system, and that use of the nylon washer rendered the system defective. Plaintiff also contended that the defendant had received warnings against using the nylon washers, yet disregarded these warnings. Plaintiff further contended that the use of nylon washers led to an inadequate seal between the regulator and oxygen tank which resulted in an oxygen leak and ignition, either spontaneously or due to a particulate in the oxygen stream. Additionally, the oxygen system was alleged to be unfit for its intended purpose, i.e., as a portable oxygen system, because any amount of physical jostling could result in the seal between the oxygen tank and regulator loosening, oxygen leaking and a fire erupting.

Injuries and/or Damages:
Plaintiff sustained third degree burns to his ankle and calf.
He had scarring at both locations as well as at the graft donor site on his thigh.

Defense:
Defendant contended they did not receive the warnings, but even if they had, there was no safety reason to preclude the use of nylon washers with the oxygen system. Defendant also contended that Plaintiff could not prove that the oxygen leak originated at the nylon gasket and that the leak could have occurred elsewhere in the system and could have been ignited by static electricity.

Notes:
Plaintiff had designated his treating physicians as expert witnesses. However, his burn doctor passed away prior to the designation; his replacement at the burn unit was designated as a non-retained expert. Just before the doctor testified, defendant moved to preclude him from giving expert opinions based on the fact that he was non-retained. The court permitted him to testify as to his expert opinions on causation and damages. Defendant filed a motion in limine to exclude a subsequent safety alert issued by the manufacturer of the regulator advising against the use of nylon gaskets. The court, during trial, denied the motion and allowed the safety alert into evidence.

Specials: Past Medical $$107,024.68

Offer:
Plaintiff's 998 (November 2001): $160,000
Plaintiff's 998 (10 days before trial): $100,000
Defendant's 998 before trial: $75,000

Settlement Amount: October 2001 settlement for $90,000.00 with Chad Therapeutics

Verdict or Award:
Plaintiff $207,024.68 (net judgment $159,224.68 after reduction for pre-trial settlement with defendant distributor/manufacturer)

Other Verdict Details: CJ Resorts found 100% negligent

Length of Trial: Four Days

Jury: Deliberated two days

Jury Polled: Liability 9-3; Damages 11-1

Attorney for client: Catherine A. Richardson

Attorney for defendant:
For Castle Rock Health Care, dba Advanced Medical Sales:
Jeff Doggett Harrington, Foxx, Dubrow & Canter, 401 West A Street, Suite 1150, San Diego, CA 92101 619-233-5553
For CHAD Therapeutics: Larry W. Mitchell, Squire, Sanders & Demptsey
For cross defendant Contemporary Products: Janey Richardson, Morris, Polich & Purdy

Individual Defendants:
A personal injury and products liability case involving the spontaneous combustion of an oxygen device while being used by the victim while watching a Christmas show in a theater. Victim suffered terrible burns to his legs. Combination settlement and verdict totalling $249,224.68.