Three New Jersey Techs Awarded 2.8 million

PRINCETON: X-ray technicians received $2.8 million award
Monday, December 28, 2009 7:38 PM EST
By Lauren Otis, Staff Writer

   A jury awarded three technicians at Princeton Regional Orthopedics $942,000 each in compensation for injuries they received because of the improper installation of an X-ray machine in their office.

   The $2,826,000 award — to Shellie Austin, Elizabeth Hall and Gail Letizia — was made Dec. 9 following a jury trial from Dec. 7 to 9, according to court records. The trial was presided over by Mercer County Superior Court Judge Thomas W. Summers Jr.

   The jury found Pompton Lakes-based A Walsh Imaging Inc. liable for the injuries caused by improper installation and ventilation of the X-ray machine at Princeton Township-based Princeton Regional Orthopedics.

   The improper installation and subsequent failure to correct it caused the three technicians, all in their 50s, to inhale caustic gases over an extended period of time, which resulted in permanent respiratory damage for each, according to a release by the Lawrence-based law firm Szaferman, Lakind, Blumstein & Blader. Law firm partner Steven Blader represented the plaintiffs.

   According to court records, in January 2006, A Walsh Imaging improperly installed the Princeton Regional Orthopedics X-ray machine without appropriate ventilation, allowing the caustic fumes to escape. The next day, A Walsh Imaging returned, but incorrectly installed a ventilation hose, leading to nine months of further exposure to harmful gases. A third visit did not result in correction of the ventilation problem, which continued into 2007.
   Ed Thornton, a partner with the Edison-based law firm Methfessel & Werbel, who represented A Walsh Imaging, said his client had admitted liability during the trial with the jury then needing to determine how much damage the exposure had caused the three women.

   ”I thought it was a little high,” Mr. Thornton said of the $2.8 million award, “but that’s what the jury awarded.”

   There will be no appeal of the award, which already has been paid by A Walsh Imaging’s liability insurer, he said.

   Mr. Blader did not return a call seeking comment at deadline.

   ”As a result of the negligent ventilation of X-ray machines, not just once, but on three occasions, these women were exposed to dangerous chemicals, including gluteraldehyde, over a period of months and will suffer for the rest of their lives. This should never have happened,” Mr. Blader stated in a released statement.

Sherri (Benus) Epstein
 Princeton, NJ