Rare Dual Med Mal and Products Liability Case Gets A Mixed Ruling

The Connecticut Appellate Court has issued a mixed ruling, affirming a $1 million jury verdict for a woman who suffered burns to her left foot and several toes after a heat lamp came in contact with her during an acupuncture treatment. But the court let stand the liability on the products liability side against Health Body World Supply Inc., maker of The Miracle Lamp, which is a heat lamp…law.com, Connecticut Appellate Court Issues Mixed Ruling in Rare Dual MedMal, Products Liability Case, Robert Storace, 2021

 

It’s highly uncommon for a combined medical malpractice and products liability case to go to verdict. I think attorneys will be looking at this case because of the fact that there was no apportionment of liability between the medical malpractice case and the product liability case, the plaintiff’s lawyer said.

 

At issue was an acupuncture treatment that Kissel, 61, underwent in April 2010. The jury verdict came down on December 2017.

 

According to the Appellate Court’s synopsis of the case, Wang inserted needles in Kissel’s body and placed the heat lamp near her foot as part of the treatment. The lamp, which could exceed 500 degrees, somehow fell and ended up resting on Kissel’s left foot.

 

At trial, the lawyers for Kissel argued the heat lamp was unsafe, even though it’s not clear how it ended up on Kissel, who underwent three surgeries.

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