Fantastic Furniture bills itself as home of “Australia’s Best Value Bedding and Furniture.” However, its Worx chairs reportedly have a rather disconcerting design defect: cutting part of toes off customers. The roughly 100,000 Worx chairs have been recalled by the company after two people lost toes.
Mark Bulman, lost the middle toe of his left foot last year after it was caught in the inner side of one of the legs. Eleven-year-old Trae McGovern (right) also lost part of a toe after he stubbed his left foot on a Worx chair. It is still unclear how the plastic chair could have this dangerous flaw.
In products liability, we generally look for three types of defects: manufacturing, warning, and design defects. This could be either a manufacturing or design defect. It is possible that the plastic form was made in a way that has unintended sharp elements. Alternatively, the design itself may lend itself to a trap or cutting area. Either way, this would satisfy the American standard under either the Restatement (Second) or Restatement (Third) for a design defect. Having a toe cutting chair would certainly run afoul of Restatement Second Section 402A and the consumer expectation test. “One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm.”
Likewise, it would seem an easy case to make out a design defect under Restatement Third Section 2(b), which states that a product is
(b) is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the alternative design renders the product not reasonably safe.
The Australian Competition and Consumer Commission has asked Fantastic to recall the chairs. The company agree due to a possible “entrapment or laceration hazard.” Customers can either return the chairs for the reimbursement of $27 – or take free insert plugs to make the chairs safe.
It would make for a strong torts case under product liability if it were tried in the United States.
(Music)
Doctor, Doctor, what you say?
How bout lettin me out today?
Ain’t no reason for me to stay.
Everybody is far away.
Get me back on my feet again!
Back on my feet again!
Open the door..
Set me Free!
Get me back on my feet again!
dn ta dn ta dn ta….
-Randy Newman, from Good Ol Boys.
These “fantastic chairs” may sever toes, but they have been certified “Halal”–and they, therefore, accomplish their intended purpose.
That’s a fact.
And all guilds tend to protect their own.
Up to a point.
Now KCF, I think you know there are cut happy surgeons more than happy to perform surgery even if conservative treatment is indicated. There was a very “respected” Ivy League surgeon in my area. I investigated many of his patients. He was never prosecuted but “retired” early and moved out of the state.
Really? That’s some professional courtesy!
KCF, I know it would not shock you to learn that some defense attorneys NEVER have surveillance done no matter how many red flags are flying. Don’t want to show up their fellow bar member on the opposing side.
““I nearly was paralyzed…”
Of note, paralysis would be anesthetic, not painful.
The case here was entirely about pain..
Sometimes the worst cervical disk herniation have no pain. A family member had leg problems, w/ poor reflex and a drop step gait. Turned out the spine was almost totally exposed requiring a cervical fusion. The person had no pain.
Exactly. Red flags all over.
KCF, I think they needed to hire a PI to do surveillance of the plaintiff.
“I nearly was paralyzed with a disk in my neck that became herniated after a minor fall (it was more of a roll). No question in my case that surgery was necessary.”
Your description of “almost paralyzed” is not consistent with the facts here. Different anatomical problems entirely.
“The Indiana Court of Appeals upheld her verdict. ”
So what? Smart people believe all sorts of false and ridiculous things about medicine, even appellate court judges.
BTW, in logic, that’s known as the “Appeal to authority” fallacy. The Indiana Court of Appeals knows nothing about medical causation, and relied on MD testimony, however flawed.
“Tell me, Doctor, did she have…”
Hilarious! The tell-tale angry lawyer’s practiced and passive-aggressive method of belittling an MD.
You told me to read the case, and the data you provided were limited.
Now you’re complaining that I didn’t read all the data which you failed to give me.
You want me to review the records?
Then provide them.
“did she have disc herniations before striking her head?”
Who cares? Disc herniations are not a proven cause of “neck, spine, and back” pain.
They might cause shoulder pain by nerve impingement radiculopathy, but that would be very odd in the absence of arm pain.
“Did you see her medical test results?
You didn’t provide them, and now you’re complaining about it.
Instead, you asked me to read the court record and apologize
But in the record that you felt would substantiate your view, I found the usual crap medical discussion common to legal proceedings.
You want me to review the records?
Then provide them.
“Do you know whether the disc herniations were impinging on her spine, and if so, whether this causes pain?”
It doesn’t matter, as I said, because it remains unclear whether disc herniations cause spine pain at all, even though they clearly can cause radicular pain, which was absent here..
“Was she in such pain before the chair collapsed?”
Doesn’t matter.
People with “numerous emotional, mental, and psychiatric problems from childhood to the date of trial which are not related to the accident”, especially those who have had inpatient psychiatric treatment for “a near nervous breakdown” all leading to a suicide attempt, are predisposed to chronic pain disorders from even mild injuries such as fender benders and minor falls that do not cause much if any damage.
But I’d bet she had been having pain problems since she was about 12 or 13. Maybe not neck pain, but stomach pain, muscle pains, chronic fatigue, etc.
How do lower back herniation studies compare to herniations of neck discs?
Even back in the 1950s, they knew that asymptomatic cervical spine disc herniations were common (28-39%). [Asymptomatic intervertebral disc protrusions DL McRae – Acta radiologica, 1956]
More recently:
So yeah, disc herniations are common in the neck and back in completely asymptomatic people.
What was your point again?
“Tell me, Doctor. Did she have ongoing epileptic seizures before striking her head?”
I saw no evidence she had proven seizures at all.
The word “seizure” is used.
Lots of things are called seizures that are not epilepsy.
Was it proven by EEG? Not by the record you provided.
Regardless, she was predisposed to seizures, if indeed she was already so diagnosed prior to the head injury. The fall didn’t cause them. At most reactivated them.
if seizures they were, which I doubt.
All I can say is she certainly convinced you and a pile of other lawyers.
So that’s something.
KCFleming: “In fact. I doubt she should have ever had surgery.
“Herniated discs” are meaningless as to a cause of back pain.
They are only meaningful as a cause of radicular pain, which was not listed in the lawsuit.”
I nearly was paralyzed with a disk in my neck that became herniated after a minor fall (it was more of a roll). No question in my case that surgery was necessary.
Gee Dr. Fleming, you know so much more than either Ms. Presnell’s treating physicians or the defense. Tell me, Doctor, did she have disc herniations before striking her head? Did you see her medical test results? Do you know whether the disc herniations were impinging on her spine, and if so, whether this causes pain? Was she in such pain before the chair collapsed? How do lower back herniation studies compare to herniations of neck discs? Tell me, Doctor. Did she have ongoing epileptic seizures before striking her head? You said that the case was BS and a fraud. You are wrong. The Indiana Court of Appeals upheld her verdict. Nothing you cite disproves causation, but it does prove how bitter and biased you are.
“Presnell had an epileptic seizure before reaching womanhood, and prior to this accident was admitted to Hamilton Center, Terre Haute, IN for a period of approximately five days for psychiatric treatment for a condition which Presnell described as a `near nervous breakdown.'” Appellant’s Brief at 70-71.”
Geez. It gets worse and worse.
Why don’t the lawyers for the defense hire smarter doctors?
Sheesh.
Man, it seems really easy to “prove” causation in law.
I clearly went into the wrong business.
Disc herniations are meaningless and quite common.
An MRI study of 67 patients with no history of low back pain found that 20% of these asymptomatic people under the age 60 had MRI evidence of disc herniation.
of those over 60 years old, 37% had confirmed disc herniations and 21% had spinal stenosis despite having no pain at all.
Boden SD et al. “Abnormal magnetic resonance scans of the lumbar spine in asymptomatic subjects: A prospective investigation.” J Bone Joint Surg Am 1990; 72A:403-408
In fact. I doubt she should have ever had surgery.
“Herniated discs” are meaningless as to a cause of back pain.
They are only meaningful as a cause of radicular pain, which was not listed in the lawsuit.
“Presnell fell approximately nine inches and struck the cement floor of the patio.
…x-rays and a myelogram were taken. Presnell had herniated discs and a laminectomy was later performed on both sides of her spine. Continued medical problems involving Presnell’s neck, spine, back, and shoulder occurred over the next three years. Presnell sustained a fifteen percent permanent partial disability to her body as a whole from the neck condition and another fifteen percent permanent partial disability to her body as a whole from the back injury. In addition, Presnell developed epilepsy and experienced numerous emotional problems resulting in several hospitalizations and a suicide attempt.
…the doctor’s testimony establishes that Presnell had numerous emotional, mental, and psychiatric problems from childhood to the date of trial which are not related to the accident but which nevertheless enlisted the sympathy of the jury.”
Hilarious! Exactly what I expected.
Total BS. A nine inch fall did none of this damage.
A nine inch fall would not cause a seizure disorder, if indeed there was one, which I doubt.
The facts listed do not prove causality at all.
More likely she is a chronic pain patient.
I expect an apology for your wasting my time.