Kenneth Kolpan – Law Offices of Kenneth I. Kolpan, PC
$825K Settlement: Illustrating Facial Fractures, Surgery After Tire Explosion
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Illustration
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Medical Illustration
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Legal
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Personal Injury
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Case Study
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Kenneth Kolpan, Esq., obtained an $825K settlement for an autoworker who was struck in the face with a tire and rim after an overinflated tire tube exploded. The victim suffered catastrophic facial fractures and traumatic brain injury that would require extensive surgery.
Challenge
The injury could have been avoided had the machine manufacturer required (instead of making optional) the use of a device that would have prevented an exploding tire and rim from being ejected off the machine. Furthermore, the franchisee that sold the machine to the Plaintiff’s employer did not offer the protective device that would have prevented the injury.
The Defendant manufacturer countered that its customers did not want the protective device because it slowed down the inflation process. They also argued that the co-employee and Plaintiff used the machine improperly. The Defendant franchisee argued that when he sold the machine to the Plaintiff’s employer, he was unaware of the optional protective device, claiming that he rarely sold this type of equipment.
Illustrated summary of skull fractures and brain injury.
Approach
Mr. Kolpan needed the Defendants to understand the catastrophic damage their negligence caused for his client while sending the message that this dangerous safety oversight must be corrected to prevent this type of injury from happening again.
We collaborated with Mr. Kolpan to create two illustrations that would summarize the victim’s skull and brain damage, and then break down the complex surgical procedures he needed to undergo to have his face repaired.
Medical illustration showing repair of complex facial fractures.
Result
Mr. Kolpan successfully argued that no product should be sold in which the sale made a protective device an “option” rather than standard equipment. The illustrations amplified the catastrophic consequences that resulted from the failure to make this safety device a requirement.
In the weeks following an all-day mediation, all parties arrived at a global settlement of $825,000, which included the third-party settlement, worker’s compensation lump sum, and a waiver of the worker’s compensation insurer’s lien.
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