$66 Milllion Awarded in Western NY Personal Injury Suit

After an eight-week trial, a jury has awarded Natalie Barnhard, a 30-year old former physical therapy assistant, $66 million when she was paralyzed by a falling exercise machine manufactured by Cybex International.

The verdict for Barnhard, a Cheektowaga resident, is believed to be the largest personal injury award in Western New York History.

Barnhard was working at Amherst Orthopedic when a Cybex weight machine fell on top of her, breaking two cervical vertebrae and compressing the bones onto her spinal cord.  Once a Cheektowaga Central cheerleader and track athlete, Barnard was left a quadriplegic after the injury.

Cybex, a Massachusetts-based manufacturer, vowed to “pursue all avenues” to reverse the verdict.

In a statement, Cybex insisted that the verdict was not supported by the facts in the case or the law.

The defendant suggested that Barnhard might have accidentally pulled the machine on top of herself.
“Even the defendant admitted misusing the equipment,” Cybex President Arthur W. Hicks told The Buffalo News. “This is a product that’s been in use since 1983 and continues to be used today.”

Lawyers for Barnhard described the award as justified, given the extent of her injuries. Michael R. Law, one of Barnhard’s lawyers, acknowledged the size of the jury verdict and said it reflects a wide range of factors, most notably pain and suffering, lost earnings and medical expenses.

Law and Kevin J. English, Barnhard’s other lawyer, argued that seven other people were injured in similar accidents involving Cybex machines at other locations across the country. “The evidence was not only substantial but overwhelming,” Law said of their case against Cybex.

“When the damages to a person’s life are enormous,” Law said, “it certainly warrants such a verdict.”

The Jury found Cybex 75 percent liable, Amherst Orthopedic Physical Therapy 20 percent liable and Barnhard 5 percent responsible for the accident.

Robert C. Baxter, a lawyer for Amherst Orthopedic, found the verdict excessive and said, “I’m confident it will be reduced.”

“I was so happy for Natalie,” English said of the verdict. “I have a sense now that she’ll be taken care of for the rest of her life and that she can live comfortably.”  You can follow Barnhard’s recovery at http://nataliebarnhard.com.

The lawyers of the Rosenblum Law Firm can help you with all of personal injury needs.  Email or call us at today at 888-815-3649.