Poole Shaffery Obtains Defense Verdict in Federal Medical Device Product Liability Case

Poole Shaffery litigation partner, Jason Benkner, prevailed as co-counsel in obtaining a defense verdict on a medical device product liability action filed in federal court in Tampa, Florida. (Thelen v. Somatics, LLC, et al., Case No. 8:20-cv-01724-TBS-JSS.) Mr. Benkner represented Somatics, LLC, a manufacturer of an electroconvulsive therapy (ECT) device used to treat severe psychiatric conditions, such as treatment-resistant depression. The plaintiff was treated for life-long depression before he was recommended and administered ECT over a 2-year period. Plaintiff contended that the manufacturer warnings were inadequate and failed to warn of the risk of “brain damage,” which is the condition plaintiff contends he sustained as a result of ECT treatment. Although filed in the State of Florida, Nebraska substantive law presided over the case because plaintiff underwent his treatment in the State of Nebraska. After seven days of testimony and argument, the case was submitted to the jury, who found that plaintiff failed to prove that any failure to warn was the proximate cause of plaintiff’s alleged damages. The plaintiff asked for a multi-million dollar verdict.