Reid suing Thera-Band

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Ksolem

Trad climber
Monrovia, California
Topic Author's Original Post - Oct 8, 2015 - 11:41am PT
Senator Harry Reid is suing Thera-Band for $50,000 for injuries which were allegedly the result of a Thera-Band either breaking or slipping out of his hand, sending him face first into a bathroom cabinet. No one saw the accident.

Thera-Band makes products used in exercise and PT, many of us here have used one at one time or another to rehab a shoulder, ankle, etc.
Thera-Bands and similar tube type resistance bands have been used safely for decades and have done countless people a world of good.

So why would Harry, who’s net worth is in the millions (he’s never released a tax return so no one really knows) want to file this suit? Perhaps he thinks that winning will exonerate him from all the stories going around that he fell down the stairs drunk, or got beat up by Vegas organized crime thugs. Lot's of folks have had fun with this one.

But here’s the capper:

The suit also seeks damages for his wife, Ms. Gould, for the loss of marital consortium.

You can’t make this sh*t up.
thebravecowboy

climber
The Good Places
Oct 8, 2015 - 11:42am PT
I always thought somebody roughed him up. Maybe Ron?
apogee

climber
Technically expert, safe belayer, can lead if easy
Oct 8, 2015 - 11:43am PT
I dunno, but I've heard of such incidents before...those things sound like they have as much product liability as ladders.
overwatch

climber
Oct 8, 2015 - 11:46am PT
Like everything, they do wear out.
HandCrack

Trad climber
Joshua Tree, Cal.
Oct 8, 2015 - 11:53am PT
My Thera-Band Flexbar has been a huge help for my elbow problems. I also thought it would make a good club to defend against home break-ins.
ron gomez

Trad climber
fallbrook,ca
Oct 8, 2015 - 11:55am PT
I would LOVE to ask him to demonstrate the movement and type of thera band product he was using, the condition he was using for, how long he's been doing the movement and how often he changes out the product. This is lame, or at least smells of lameness(sp). There is a term known as motor moron, this might fit that category.
Peace
couchmaster

climber
Oct 8, 2015 - 12:02pm PT

Well, lets assume that this go round, it really did slip out of his hand and it wasn't the Las Vegas mob showing up and kicking his ass like people said for the other 2 times he got beat up.

Wait. He's only asking for $50,000? Why so little? Suspicious as hell, he's blind in his eye now they say.

guyman

Social climber
Moorpark, CA.
Oct 8, 2015 - 12:07pm PT
I thought it was his Brother who cleaned his clock.....

Frign Scumbag....
blahblah

Gym climber
Boulder
Oct 8, 2015 - 12:15pm PT
The retiring Nevada senator is seeking damages that "exceed the amount of $50,000," according to the suit.
http://www.huffingtonpost.com/entry/harry-reid-eye-injury-lawsuit_561565b4e4b021e856d3391b
apogee

climber
Technically expert, safe belayer, can lead if easy
Oct 8, 2015 - 12:17pm PT
I thought the McDonalds hot coffee lawsuit was lame, too, until I learned of what really happened along the way. Funny how actual facts can change one's view.

skcreidc

Social climber
SD, CA
Oct 8, 2015 - 12:31pm PT
loss of marital consortium

he's 75 and been married to his wife since 1959. He can't navigate his wife's body with only one eye. Hate to tell him this but apparently his wife should have sued him years ago for loss of marital consortium.
zBrown

Ice climber
Oct 8, 2015 - 12:33pm PT
Damn that Carla Johnson, look what she started.

Carla Johnson v. Fitness Designs Physical Therapy and Sports Rehab, Michael Pohlman
J-Byron; PA-Patrick Foley
Johnson claims that while using her Thera-Band at home and during the course of the treatment on May 6, 2003, the device broke causing her to fall and sustain serious injuries. Johnson is seeking at least $100,000 in damages.
05 L 431
Jon Beck

Trad climber
Oceanside
Oct 8, 2015 - 12:58pm PT
Speaking of frivolous hypocrites reminds me of Tom Delay

Tom Delay's father constructed a train track to carry him and his guests up and down the steep embankment at his waterfront home.

On its maiden voyage, things went horribly wrong - causing the train to fly off the track sending the senior Mr. Delay head-first in to a tree. A coma ensued.

Tom Delay, champion of all things life and Terry Schiavo, was forced to make the hard decision to pull the plug on dear old dad. He did so, as the quality of life was so diminished and he KNEW what dad would have wanted.

Justice WAS served when Mr. Delay, champion of tort reform, SUED the maker of one of the parts (washers?). They settled.
blahblah

Gym climber
Boulder
Oct 8, 2015 - 02:12pm PT
I thought the McDonalds hot coffee lawsuit was lame, too, until I learned of what really happened along the way. Funny how actual facts can change one's view.

Yeah, I can see that if you thought the case was about something other than an old lady spilling hot coffee in her lap and getting burned, it could be confusing.
apogee

climber
Technically expert, safe belayer, can lead if easy
Oct 8, 2015 - 02:15pm PT
apogee

climber
Technically expert, safe belayer, can lead if easy
Oct 8, 2015 - 02:22pm PT
For you, blah blah...not that it will make any difference to you, though:

https://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants

Burn incident
On February 27, 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, ordered a 49-cent cup of coffee from the drive-through window of a local McDonald's restaurant located at 5001 Gibson Boulevard Southeast. Liebeck was in the passenger's seat of her grandson's 1989 Ford Probe, which did not have cup holders, and her grandson Chris parked the car so that Liebeck could add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap.[9] Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin.[10]

Liebeck was taken to the hospital, where it was determined that she had suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent.[11] She remained in the hospital for eight days while she underwent skin grafting. During this period, Liebeck lost 20 pounds (9 kg, nearly 20% of her body weight), reducing her to 83 pounds (38 kg). After the hospital stay, Liebeck needed care for 3 weeks, provided by her daughter.[12] Liebeck suffered permanent disfigurement after the incident and was partially disabled for two years.[13][14]

Pre-trial[edit]
Liebeck sought to settle with McDonald's for $20,000 to cover her actual and anticipated expenses. Her past medical expenses were $10,500; her anticipated future medical expenses were approximately $2,500; and her daughter's[12] loss of income was approximately $5,000 for a total of approximately $18,000.[15] Instead, the company offered only $800. When McDonald's refused to raise its offer, Liebeck retained Texas attorney Reed Morgan. Morgan filed suit in New Mexico District Court accusing McDonald's of "gross negligence" for selling coffee that was "unreasonably dangerous" and "defectively manufactured". McDonald's refused Morgan's offer to settle for $90,000. Morgan offered to settle for $300,000, and a mediator suggested $225,000 just before trial, but McDonald's refused these final pre-trial attempts to settle.[2]


A twelve-person jury reached its verdict on August 18, 1994.[16] Applying the principles of comparative negligence, the jury found that McDonald's was 80% responsible for the incident and Liebeck was 20% at fault. Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient. They awarded Liebeck US$200,000 in compensatory damages, which was then reduced by 20% to $160,000. In addition, they awarded her $2.7 million in punitive damages. The jurors apparently arrived at this figure from Morgan's suggestion to penalize McDonald's for one or two days' worth of coffee revenues, which were about $1.35 million per day.[2] The judge reduced punitive damages to $480,000, three times the compensatory amount, for a total of $640,000. The decision was appealed by both McDonald's and Liebeck in December 1994, but the parties settled out of court for an undisclosed amount less than $600,000.[18]
apogee

climber
Technically expert, safe belayer, can lead if easy
Oct 8, 2015 - 02:42pm PT
"And then fighting the just expenses of a little old lady, the dirty bastards. They got what they had coming,"

Precisely.

Mickey D could have easily dodged all this bullshit and bad publicity by simply offering to assist their customer with their hospital bills. The whole thing would've slipped silently by the wayside.

But noooo....their fecking legal counsel decided that doing so would create a slippery slope to more such cases. Kinda reminds me of how the NFL is handling head trauma cases these days.
rwedgee

Ice climber
CA
Oct 8, 2015 - 02:49pm PT
https://www.google.com/search?hl=en&site=imghp&tbm=isch&source=hp&biw=872&bih=588&q=mcdonalds+coffe+burns&oq=mcdonalds+coffe+burns&gs_l=img.3..0i10i24.1998.10182.0.10512.21.21.0.0.0.0.110.1870.16j5.21.0.ekpsrh...0...1.1.64.img..0.21.1841.4gC6QQzcjl4#imgrc=_
Larry Nelson

Social climber
Oct 8, 2015 - 03:14pm PT
Whenever I order coffee at McD's, I always ask, "lap temperature please".
Srbphoto

climber
Kennewick wa
Oct 8, 2015 - 03:38pm PT
Mickey D's should be sued...keeping their coffee below the optimal temp for a good cup.

blahblah

Gym climber
Boulder
Oct 8, 2015 - 04:14pm PT
Mickey D's should be sued...keeping their coffee below the optimal temp for a good cup.

I'd agree, except apparently they're still serving it within the same ranges they were before the infamous hot coffee case.
But they do have a bigger warning now, so I suppose justice was served.
High Fructose Corn Spirit

Gym climber
Oct 8, 2015 - 04:52pm PT
"The suit also seeks damages for his wife, Ms. Gould, for the loss of marital consortium."

In this society, we have more lawyers than engineers.
And it is as if we are proud of it. No social impetus to change.
High Fructose Corn Spirit

Gym climber
Oct 8, 2015 - 04:59pm PT
//"And then fighting the just expenses of a little old lady, the dirty bastards. They got what they had coming,"

Precisely.//

Ah, bs. Where is the personal responsibility?

.....

Ha, looks like Moose and I are channeling.
Like minds (or is it great minds?) think alike, eh? :)
apogee

climber
Technically expert, safe belayer, can lead if easy
Oct 8, 2015 - 05:13pm PT
The only greed in that case was in the McD corporate offices, which then grew into the lawyer's offices. McD could have nipped this in the bud waaaaay earlier, and this little old lady would have been perfectly satisfied with having assistance with her hospital bills. The whole thing would have gone bye-bye.

Did you bother to read the circumstances of that event, HFCS?
zBrown

Ice climber
Oct 8, 2015 - 05:18pm PT
Since nobody here knows what happened, what if the TheraBanders had switched to some shoddy Chinese imitation band material?

TGT

Social climber
So Cal
Oct 8, 2015 - 05:37pm PT
the result of a Thera-Band either breaking or slipping out of his hand, sending him face first into a bathroom cabinet. No one saw the accident.

What the hell was he doing with a Thera-Band in the bathroom?
blahblah

Gym climber
Boulder
Oct 8, 2015 - 05:37pm PT
I'd agree, except apparently they're still serving it within the same ranges they were before the infamous hot coffee case.
But they do have a bigger warning now, so I suppose justice was served.

Citation, please? ;)

DMT

The same way we find out everything else, Wikepedia of course!
https://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants

I thought it was interesting case when it broke 20 years ago, and I'm aware of the revisionist spin that it wasn't an example of our legal system run amok but rather an example of an evil corporation doing, ummm,something evil. Like selling hot coffee! And refusing to pay someone who burns herself with said hot coffee!!

I think the revisionists think that most people who knew the story somehow didn't think the old lady was badly burned (she was). I think they're wrong about that, and that most people (who had any interest in the story) knew she was badly burned, but didn't think that McDonalds did anything wrong. But certainly possible that I'm the one misjudging this.
High Fructose Corn Spirit

Gym climber
Oct 8, 2015 - 06:27pm PT
I don't know all the ones and zeros behind the case/event/story, but yes, Apogee, I did read your summary before I posted (tfpu). Still, it is buyer beware.

She ordered HOT coffee.

Hey, I personally like my hot coffee steaming hot, too. Along with umpteen million others. Maybe we too are to blame as well for this awful event? for setting the stage? for contributing to the culture of hot coffee takeout?

FWIW, I'm a Dem. I believe in today's world Big Gov has its role. I believe there should be universal health care. I believe the rich and super rich should pay a progressive and super progressive tax respectively. I believe in making injured parties whole where there is liability. But I also believe there is a lot of overreach in today's politics, gov and law, often egregiously so, and Dems could strengthen their position by choosing their cases, issues and battles more carefully, more wisely.

You think any parties were remunerated (turned a profit) for their efforts besides this poor old lady?

More personal responsibility. More engineers (as problem solving strategy). Less lawyers (as problem solving strategy). In our society. That's what I'd like to see.


PS

Something like a gofundme set up by family or friends instead of a suit, it seems to me, would've been a better way to go. As some recompense for this awful tragic outcome.
John M

climber
Oct 8, 2015 - 06:57pm PT
this Mcdonald's lawsuit happened in 1992. No gofundme back then.

The nytimes reports that McDonalds now serves their coffee 10 degrees cooler, though McDs refuses to say exactly what temp they serve at now

the info below came from multiple sources.

At the time, a survey was done for all nearby places that served coffee. All of them were below 160 degrees, meaning this lady could have not realized just how hot McDs coffee was as it was served in a sytrofoam cup and just holding it wouldn't give any indication.

This lawsuit help push companies to design better coffee cups and lids.

Most people at home at the time serve their coffee below 140 degrees.

Oh.. and we don't know how much this woman actually received. McDs challenged the ruling and they settled out of court. The high amount was what the jury awarded. The Judge reduced it.


http://www.nytimes.com/2013/10/21/booming/not-just-a-hot-cup-anymore.html?_r=0

who expects to be scalded to the tune of 3rd degree burns on 6% of their body from a cup of coffee?

http://abnormaluse.com/2011/01/stella-liebeck-mcdonalds-hot-coffee.html

https://www.quora.com/How-did-McDonalds-lose-the-hot-coffee-lawsuit
apogee

climber
Technically expert, safe belayer, can lead if easy
Oct 8, 2015 - 07:40pm PT
"The high amount was what the jury awarded. The Judge reduced it."


Such an important piece of reality. Lost on too many who prefer their conclusions pre-manufactured by someone else.
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