Relax. The DWAS troll got the best of you. The garage door repairman from CA with a GED fancies himself an expert on everything. Uses his information to go from board to board here and on other sites stirring up shit. makes him feel better. He realizes he's losing his case on merit.
MERIT?
From "The garage door repairman from CA with a GED fancies himself an expert on everything." his attorney's statement to the court:
"We find ourselves at a moment in time when a mediated settlement of these remaining cases would be advantageous to the parties while providing a very efficient outcome for this Honorable Court. Settlements usually occur after both sides have an opportunity to fully understand the strengths and weaknesses of their positions with some appreciation of the position of the opposing side. It is also important for both sides to face some factual realities.
In this litigation, it is notable that we have tried a prior case to a jury, the Zarick case, and that there are substantive facts in the form of
sworn trial testimony that are on the record and irrefutable. Is also important to note that the Zarick case was deemed by Intuitive to have no merit and Intuitive made no offer to settle it. This is important because it points to the fact that ultimately the internal evaluation process for case merit at Intuitive is not always correct. Additionally, this is a litigation that has been ongoing since 2012. Much has happened in other cases and there have been many settlements that were concluded earlier in the process prior to adequate discovery and prior to
trial testimony that implicates fraudulent misrepresentation. The basis for those earlier settlements is not applicable to these cases that are ongoing because the factual knowledge of the elements of the cases are more developed and are
much more favorable for plaintiffs.
It is plaintiffs’ position that what the defendant has done rises to meet and exceed the burden required by California law to trigger punitive damages. Another notable fact is that the Washington State Supreme Court recently reversed and remanded a jury verdict in a negligent training case which Intuitive had won and ordered a new trial based on the duty of the medical device manufacturer to warn the hospital of potential defects in their products. There are many reasons why mediation of these remaining product defect cases makes sense
for both sides. For instance,
we now know that the C-suite leadership at Intuitive knew as early as late 2007 that they may have an insulation defect/failure/problem with their monopolar hot shear wrist tip cover; yet they continued to market, sell, and promote those defective products. There is now enough of a factual record that
it will be difficult for Intuitive to not appear in some ways deceitful to a jury. Both sides are well represented and further trials will be hard fought by both sides. Plaintiffs feel very secure in their position but recognize the benefit of a mediated settlement on all claims. Plaintiffs are prepared to work in good faith toward settlement. Plaintiffs have generated a valuation with a range on each of their cases in an effort to resolve the litigation.
Should settlement not occur, we request to move forward with the trial of Teresa and Albert Hershey (aka garage door guy DWAS troll) as the next case. It is our belief that the Hershey case is the case that covers most if not all of the legal issues in the litigation and would be most likely to influence the resolution of the other cases. As such, from a matter judicial efficiency, it is best case to try next. Lisa Anderson, whose case is up next on the trial calendar has agreed to allow a swap of position with Ms. Hershey. Ms. Anderson is recovering from a recent major abdominal surgery for incisional hernia repair and she feels that it would be in her best interest to let the Hershey case go in front of her. This modified scheduling would not be prejudicial to the defendant as the Hershey case will definitely be going to trial anyhow if a settlement is not reached.
Ms. Hershey had a small bowel thermal injury at the time of robotic hysterectomy on August 31, 2010. She subsequently had five (5) other major surgeries over the next 9 months and six (6) minor surgeries years to follow all
directly related to problems from this bowel injury. The timing of the injury in 2010 is at a time when Intuitive knew they had a problem with an insulation defects with their monopolar hot shears but continued to sell it anyway. Ms. Hershey had an uncomplicated anatomy and the surgical operative record indicates a completely routine procedure without complication. Her port entry was done through an open Hassan technique and had placement of the other trocars via direct visual inspection. Ms. Hershey was readmitted on September 2, 2010, with a small bowel injury causing intra-abdominal sepsis. Patientt had “copious amounts of soilage in the intra-abdominal cavity” at the time of exploratory laparotomy. Ms. Hershey had further complications with leaking from the small bowel repair site requiring re-operation via exploratory laparotomy with a jejunostomy performed. She had to then have surgery to hook her bowels back up that was further complicated by a stricture requiring additional surgery and resection of additional bowel. Her case represents
one of the most tragic surgical cases involving the use of a defective Intuitive monopolar hot shear product. "
THIS WHAT YOU RATS CALL "LOSING his court case"?
No wonder that robot is a piece of shit. The employees are retarded. He and the many more to follow are going to take them out (aka unplug the robot).