Portland, ORKay was wearing a Sunbeam heating pad over her shoulders when she suffered a grand mal seizure. When she regained consciousness some 20 hours later, the heating pad proved defective and had not automatically shut off as it was supposed to. She found it had burned her on the rib cage and around her back, in some places right through to the bone.
"This was in 2003. I called Sunbeam and told them to get the product off the shelf. It took their attorneys, the Moffett & Dillon group, ten months to call me back. They wanted to see photos and letters went back and forth between us. In July 2006 I got one saying they had reviewed all my injuries, photos, hospital records and the notes from the burn specialist, and could I send them any additional medical records and bills so they would have complete treatment and costs.
I'd sent my heating pad to them and they agreed it remained on after 20 minutes. Well that's the problem! After 20 minutes part of the hand piece had already melted."
"Several times they asked what I was looking for in terms of a claim. To me that sounded like they were going to take responsibility for their product and take care of things but in fact it turned out they'd been baiting me from 2003 to 2006."
"I didn't name a price. I was going to sit down and talk to them. And I started doing some research of my own."
"Then the attorneys came back and said the statute of limitations on my claim had a limit of one year and was up in 2005 yet they replied to me in 2006 with talks of a claim, and here they were now denying responsibility. I was told by two attorneys there was nothing I could do since I hadn't initially gone to my attorney."
"It was then I discovered other incidents on the internet. One website on recalled products led me to case after case on Sunbeam. I said to myself, 'you mean my case is common, not just one in a million? That's when I realized I'd been baited."
"On the internet I read about one old lady who couldn't get up by herself; she had a Sunbeam blanket on her and the person looking after her went out to pick up her child. When she got back the house was burned to the ground. The investigator thought it was a candle, said they didn't have enough evidence to show it was the blanket. He didn't do his job correctly and that family lost the case."
Kay's case is now closed but she is offering the use of her photographs towards a class action suit or possible fraud/legal malpractice against the Moffett & Dillon Group.
If you have been injured using a defective product, please contact a lawyer involved in a possible [Defective Product Lawsuit] to review your case at no cost or obligation.