Shaffer & Gaier was able to secure a sizeable settlement for our client whose neuro-stimulator was not properly programmed. Due to the programming error, Plaintiff endured years of pain and suffering which would not have occurred if the stimulator had been programmed properly.
In June of 1993, our client was struck in the head by a tractor trailer door. He suffered serious head and neck injuries. In 1993 he had ongoing pain and was eventually implanted with a neuro stimulator in 1996. The stimulator functioned satisfactorily but it was replaced in August 2001. After the second replacement, Plaintiff had little relief from the new stimulator. He had severe limitations and was rendered totally disabled.
Over a period of 10 years the stimulator was programmed by a salesman. Unfortunately, the salesman had little or no medical training. The salesman did not have the expertise to properly program the devise and as a result Plaintiff lost total function of his right arm. Plaintiff eventually saw a new programmer who was able to program the neuro stimulator correctly. Our client had no idea that the original programmer had failed to program the stimulator correctly because the Defendant simply told him that this was ” as good as he was going to get.”
Shaffer & Gaier brought suit alleging that for 10 years the stimulator was not properly functioning due to a programmer error. Through discovery, we were able to establish that the salesmen did not have any medical training and he was in essence practicing medicine without the proper credentials. As the case was about to go to trail, the parties were able to settle the case for a sizeable but confidential settlement amount.