ADAPTOSIZE

Description of Event or Problem

IN THE COURSE OF DEVELOPING ULTRASOUND FILMS IN ACCORDANCE WITH FACILITY INSTRUCTION AND DIRECTION, THE LEAD FILM DRAWER SUDDENLY AND UNEXPECTEDLY SLAMMED ON PLAINTIFF'S HAND. PLAINTIFF SUSTAINED INJURY TO HER LEFT HAND, IN THE FORM OF AN AMPUTATION OF A PORTION OF HER RING FINGER, PARALYSIS, IMPAIRMENT AND DISFIGUREMENT. THE FILM BIN ACCOMMODATES CARTONS OF X-RAY FILM FOR STORAGE IN A DARK ROOM TO PROTECT AGAINST EXPOSURE. THE FILM BIN IS DESIGNED TO BE USED BY X-RAY AND ULTRASOUND TECH IN A HOSP DARK ROOM. THE FILM BIN HOLDS FILM BOXES FOR DEVELOPING X-RAY AND ULTRASOUND FILMS. WHEN THE FILM BIN IS OPENED WITH ITS HANDLE TO THE FULLY OPEN POSITION, IT IS SUPPOSED TO REMAIN OPEN UNTIL CLOSED WITH ITS HANDLE. THE CONSTRUCTION OF THE BIN PREVENTS FILMS FROM BEING EXPOSED. THE FILM BIN WAS DEFECTIVE AND UNSAFE FOR ITS INTENDED PURPOSES AT THE TIME IT LEFT THE CONTROL OF DISTRIBUTOR. THE DESIGN PERMITTED THE FILM BIN TO SUDDENLY AND UNEXPECTEDLY SLAM CLOSED DUE TO THE ABSENCE OF ANY SORT OF CATCH OR STOP TO PROHIBIT THE DRAWER FROM SLAMMING CLOSED. A SAFER ALTERNATIVE DESIGN EXISTED AT THE TIME THE PRODUCT WAS MFG. THE SAFER ALTERNATIVE DESIGN WOULD HAVE PREVENTED OR SIGNIFICANTLY REDUCED THE RISK OF THE PLAINTIFF'S INJURIES, WITHOUT SUBSTANTIALLY IMPAIRING THE PRODUCT'S UTILITY. FURTHERMORE, THE SAFER ALTERNATIVE DESIGN WAS ECONOMICALLY AND TECHNOLOGICALLY FEASIBLE AT THE TIME THE PRODUCT LEFT THE CONTROL OF DISTRIBUTOR APPLICATION OF EXISTING OR REASONABLY ACHIEVABLE SCIENTIFIC KNOWLEDGE. THERE WAS NO WARNING THAT THE DRAWER COULD UNEXPECTEDLY AND SUDDENLY SLAM. (*)