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FLORIDA RECORD

Wednesday, November 6, 2024

Palm Beach Resident Sues Medical Equipment Manufacturer Over Defective Walker

State Court
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A defective walker has allegedly caused severe injuries to a Palm Beach County resident, leading to a lawsuit against the manufacturer. Joyce Hemminger filed the complaint in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, on August 16, 2024, naming Nova Ortho-Med Inc. as the defendant.

According to the court documents, Hemminger was using a Nova Rolling Walker Model 4222 within her apartment on April 15, 2023, when the right handlebar failed catastrophically. This failure caused her to fall and sustain serious and permanent injuries. The plaintiff asserts that she was using the walker in a manner intended and reasonably foreseeable by Nova Ortho-Med Inc., which had placed the product into commerce.

The complaint details multiple allegations against Nova Ortho-Med Inc., including manufacturing defects, design defects, and inadequate warnings. Hemminger claims that Nova's design and manufacturing processes were not in line with industry standards for stability, integrity, and safety. "The Walker was designed and/or manufactured by NOVA without consideration for walker stability," states one part of the complaint. Furthermore, it alleges that Nova failed to perform adequate testing to determine under what conditions the walker might fail.

Hemminger is seeking damages exceeding $50,000 for bodily injuries that are permanent in nature. She is also asking for compensation for pain and suffering, disability, mental anguish, loss of capacity for enjoyment of life, medical expenses, loss of earnings, and other related costs. The plaintiff demands a jury trial to resolve these issues.

Representing Hemminger is Nelson E. Baez from Smith Ball Baez & Prather Injury Lawyers. The case has been assigned Case Number 502024CA007776XXXAMB Div: AF and will be presided over by judges from the Circuit Court of Palm Beach County.

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