Two routine medical flights turned catastrophic when the cabin rapidly depressurized, leaving a flight paramedic with permanent tinnitus and hearing loss. In this case break-down with host Keith Fuicelli, Nicole Quintana and Kylie Schmidt of Ogborn Mihm discuss how they navigated complex aviation maintenance records, fought an admission of liability that wasn't truly an admission, and overcame defense arguments about their client's recreational shooting and explosives training to secure verdicts totalling nearly $400,000 for both incidents.
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Episode Snapshot
- The case involved a flight paramedic who suffered permanent tinnitus (ringing in the ears) and hearing loss after cabin depressurization incidents in an air ambulance.
- The trial team identified maintenance failures that caused the rapid loss of cabin pressure that damaged their client's ears.
- Focus groups encouraged the team to disclose their client's recreational activities – shooting and explosives training – upfront rather than let the defense use them as a "gotcha" moment.
- The client's annual hearing tests for his job proved invaluable in showing that he had no tinnitus symptoms before the first incident.
- Despite a workers' compensation doctor giving a 0% impairment rating, the attorneys successfully argued that their client suffered permanent physical impairment.
- The defense claimed negligence but refused to admit specific failures, forcing extensive motions practice about what evidence could be presented at trial.
- The second, similar depressurization incident occurred during litigation, which caused the client to abandon his flight paramedic career.
- The jury awarded $378,000 for the first incident and $17,000 for the second.
The information contained in this podcast is not intended to be taken as legal advice. The information provided by Fuicelli & Lee is intended to provide general information regarding comprehensive injury and accident attorney services for clients in the state of Colorado.
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