From Westlaw Journal Medical Devices:
By Ronald V. Baker, Senior Legal Writer, Westlaw Journals
General Electric Co. is named in a $25 million negligence and product liability suit by the son of a New York man crushed while undergoing a body scan in a GE nuclear imaging unit.
In a complaint filed in the U.S. District Court for the Southern District of New York, Peter Daria says his father, Anthony Daria, died June 5, 2013, when the GE Infinia Hawkeye 4 gamma camera being used for the test fell on his head and torso.
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The suit says the death resulted from the scanning unit’s “catastrophic mechanical failure” while in typical and foreseeable use at a Veterans Affairs hospital in Bronx.
GE subsidiary and co-defendant GE Healthcare LLC manufactured Infinia Hawkeye 4, according to the complaint.
The suit alleges the imaging system’s failure resulted from a manufacturing defect that neither Anthony Daria nor the U.S. government could have known of in advance. It claims the government either purchased or leased the Infinia Hawkeye 4 for use at the James J. Peters VA Medical Center.
Anthony Daria’s injuries and death were the result of the defendants’ “lack of due care, carelessness, negligence and willful, wanton and reckless conduct” in the machine’s design, assembly, maintenance or selection of component parts, the suit alleges.
(Click here for the complaint on WestlawNext.)
The defendants publicly represented the system as safe and fit for its intended, according to the suit. The failure of the unit in the wake of such representations constitutes a breach of warranty, the complaint says.
Peter Daria, both individually and as administrator of his father’s estate, seeks $25 million in punitive damages. He also seeks unspecified compensatory damages under negligence, product liability and breach-of-warranty claims.
Daria v. General Electric Co. et al., No. 15-cv-2876, complaint filed, 2015 WL 2405136 (S.D.N.Y. May 16, 2015).