Pennsylvania Verdicts

Plaintiff(s):

Gary Fuller (Male), 

Tanya M. Fuller (Female, 39 Years)

Plaintiff Attorney(s):

David J. Selingo;
Selingo Guagliardo LLC;
Kingston,
PA,
for
Gary Fuller, Tanya M. Fuller

Plaintiff Expert(s):

Randall Culp; M.D.; Hand Surgery; King of Prussia,
PA called by:
David J. Selingo ■ Richard Fischbein; M.D.; Psychiatry; Wilkes-Barre,
PA called by:
David J. Selingo ■ William Walker; C.R.C.; Vocational Rehabilitation; Falls,
PA called by:
David J. Selingo

Defendant(s):

Reliant Easton Holdings, 

Healthcare Services Group

Defense Attorney(s):

None reported;

for
Reliant Easton Holdings ■ James F. Ryan;
Schwabenland & Ryan, P.C.;
Wayne,
PA,
for
Healthcare Services Group

Defendant Expert(s):

Peter Badgio;
Neuropsychiatry;
Philadelphia,
PA called by:
James F. Ryan

Insurer(s):

Zurich North America for Healthcare Services Group

On July 24, 2013, plaintiff Tanya Fuller, 39, a delivery person, suffered a severe laceration to her right forearm at Easton Health & Rehabilitation Center, a nursing facility in Easton. She had been returning a repaired meat slicer to the facility on behalf of her employer, which provides knife-sharpening and kitchen appliance services to various institutions and restaurants. After dropping off the slicer, Fuller was to retrieve a loaner slicer left at the facility while its own slicer was being serviced. An employee of Healthcare Services Group, a dietary and kitchen services contractor operating at Easton Health & Rehabilitation Center, was instructed to retrieve the loaner slicer for Fuller. The employee found the loaner slicer disassembled, with its blade-guard off. He allegedly did not know how to reassemble it. Instead of finding someone who did know how to reassemble it, he loaded the slicer onto a cart and put the blade guard on a lower shelf, hidden from view. He then wheeled the cart with the slicer to Fuller’s delivery van. According to Fuller, the employee, while loading the slicer into the van, lost his balance and called for help. She came to his aid and made more room by pushing the sliding van door with her left hand. As she reached over top of the slicer with her right arm to grab hold of it, the unguarded blade cut her right forearm, just above the wrist, lacerating it and severing nine tendons, an artery, and two nerves. Fuller sued Easton Health & Rehabilitation Center (which was voluntarily dismissed, prior to trial) and Healthcare Services Group, alleging that the companies created an unsafe condition that foreseeably could cause harm. Fuller’s counsel faulted the Healthcare Services employee for not reassembling the slicer and then assuming that Fuller would notice. Her counsel further faulted the employee for exposing the workers, patients, and visitors of the nursing home to the unguarded blade as he transferred it from the facility to the parking lot. Counsel for Healthcare Services Group maintained that it was not the company’s responsibility to place the blade guard on the slicer, since it was Fuller’s job to pick it up. The fact that she did not notice that the blade guard was missing made her contributorily negligent, its counsel asserted.

Fuller was taken by ambulance to a hospital, where she had emergency surgery to reattach the nerves and tendons and re-establish blood flow of the severed artery. Surgery took seven-and-a-half hours, and she was released the next day. Fuller immediately began a course of physical therapy, which she regularly treated through the remainder of the year. In early 2014, Fuller, having experienced a lack of sensation in her hand, presented to a hand surgeon. In February, she underwent a procedure to establish protective sensation in her hand by taking nerves from her ankle and implanting them into her hand. Fuller continued physical therapy in the ensuing months. In late summer/early fall, it was determined that she was suffering osteomyelitis (infection of the bone) in her index finger, which was subsequently amputated. In early 2015, another surgery was performed to address Fuller’s inability to use her little finger and thumb, which was resting in her palm and was useless. The surgery fused the thumb in place at 45 degrees and her little finger was re-enervated, which allowed her to use her middle, ring, and little fingers. Fuller continued to treat with physical therapy. She came under the care of a pain-management specialist, who provided medication and administered steroid-based painkilling injections. In addition to her physical impairment, Fuller also allegedly suffered post-traumatic stress disorder, and saw a counselor on three occasions. She sought to recover $163,627.25 in outstanding medical costs. Fuller’s hand surgeon testified about her injuries and treatment, and opined that her lack of hand function was permanent. Fuller is expected to receive indefinite pain medication, and requires future psychiatric treatment. She sought to recover $72,000 to $225,000 in future medical costs. Her expert in psychiatry concluded that the incident caused her to suffer post-traumatic stress disorder. Fuller’s expert in vocational rehabilitation opined that, given her severely impaired dexterity and fine motor skills, she was vocationally compromised and could only work in certain sedentary, non-public capacities. She sought to recover $60,360 in past lost wages (she had earned $20,120 annually) and $360,000 to $510,000 in future lost earnings. Fuller testified that she experiences extreme anxiety around people, has nightmares regarding sharp objects and losing her hand, is unable to go to a deli, and is unable to watch blood on television. Fuller’s days consist of staying at home. She testified that she talks to her husband throughout the day, occasionally gets him lunch, and sometimes spends the day with him at his motorcycle shop. She no longer can perform most household duties (her husband and teenage sons help her). She folds laundry by using her mouth, is unable to fasten a bra (she has to wear sports bras), has to wear slip-on shoes and sweatpants, and shaves her left armpit with her left hand. Fuller sought damages for past and future pain and suffering, and her husband sought damages for his claim for loss of consortium. Healthcare Services’ expert in psychology, who examined Fuller, determined that she did not have every symptom of post-traumatic stress disorder to diagnose the condition; however, she did suffer from severe anxiety and depression as a result of the incident.

The jury found Fuller was 13 percent liable and Healthcare Services Group was 87 percent liable. Fuller and her husband were determined to receive $1,868,987.25, which was accordingly reduced to $1,627,318.91 (Fuller’s husband’s amount was not subject to the reduction).

Gary Fuller: $10,000 Personal Injury: loss of consortium; Tanya M. Fuller: $163,627 Personal Injury: Past Medical Cost; $225,000 Personal Injury: Future Medical Cost; $60,360 Personal Injury: Past Lost Earnings Capability; $510,000 Personal Injury: Future Lost Earnings Capability; $100,000 Personal Injury: emotional distress; $600,000 Personal Injury: past and future pain and suffering; $100,000 Personal Injury: loss of life’s pleasures; $100,000 Personal Injury: disfigurement

Actual Award:

$1,627,318.91

Judge:

Michael J. Koury Jr.

Demand:

$1,500,000

Offer:

none reported

Trial Length:

4
 days

Trial Deliberations:

6.5
 hours

Jury Composition:

5 male/ 7 female

Post Trial:

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls. Reliant Easton Holdings was not asked to contribute.