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Daniel S. Ratner
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In Product Liability Action, Punitive Damages Claim Dismissed on Appeal
On December 27, 2005, the Appellate Division affirmed the dismissal of a punitive damages claim against our client, a major manufacturer of MRI machines, in a highly-publicized suit arising from the tragic death of a young boy when a ferrous oxygen tank was drawn into the machine's magnetic field.
HPM&B's Appellate Practice Group successfully argued that the maker could not be liable for punitive damages because it supplied an instruction manual containing warnings that ferrous materials needed to be kept away from the MRI magnet and suggesting warning signs to be used at the facility.
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