Sample Demand Letter for a Defective Product Injury Claim

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Joan Meyers
1567 South Mill Ave
Phoenix, AZ 85017

April 16, 2020

ABC Insurance Company
123 Gray Street, Suite A
Albany, NY 10327
Attn: Harold Holden

Your Insured: Ajax Corporation

Re: Injury on February 15, 2020

Claim Number:  PL009331

FOR SETTLEMENT PURPOSES ONLY

Dear Mr. Holden:

As you know, I was terribly injured on February 15, 2020, with serious burns from a defective Triton desk lamp manufactured by your insured, Ajax Corporation.

I had to have emergency treatment for the severe burns to the fingers and palm of my dominant right hand. The painful burns kept me from using my dominant hand for activities of daily living and kept me out of work for five weeks.

Your insured was negligent in failing to provide a warning label on the lamp concerning possible burns from touching the bulb housing.

In addition, your insured was negligent in manufacturing a dangerous lamp intended for use on a home desk that would presumably be used by school children as well as adults.

I would not have knowingly purchased a desk lamp that was too hot to touch. The benefit of a gooseneck lamp is the ability to move the lamp head to put the light where it’s needed. I put my hand on the lamp to redirect the light on my paperwork, just as any other gooseneck lamp owner would do.

I had no way of knowing the lamp head was so dangerously hot that the briefest contact would leave my fingers and palm seriously burned, through no fault of my own.

I suffered serious injuries, extreme pain and suffering, and five weeks of lost wages because of the negligence of Ajax Corporation.

STATEMENT OF FACTS

I purchased the Triton gooseneck desk lamp on February 15, 2020. There were no warnings on the box, on the lamp, or in the user guide that the outside of the lamp would be dangerously hot.

As recommended in the user guide, I put a plain 60-watt lightbulb in the lamp. I put the lamp on my home desk, turned it on, and began working on my laptop. About an hour later, I closed my laptop and decided to sort mail and pay bills.

I reached over to direct the lamplight on my paperwork. As I took hold of the lamp head with my right hand, my fingers and part of my palm exploded in burning pain. I screamed and jerked my hand away. The fingertips on my right hand and my palm were severely burned.

In excruciating pain, I clutched my right wrist, crying and screaming. My husband, Michael, came running. I managed to gasp out that the lamp burned me.

Michael immediately got me out of the chair and into the nearest bathroom, where he ran cool water over my scorched hand and fingers. Thankfully, Michael had the presence of mind to remove the ring from my hand ahead of the swelling.

Michael called a neighbor, Fran Simons, to stay with our children. Fran came right over. She could see I was in excruciating pain. I was shaking, cold, clammy, and crying. She immediately took charge of my terrified children and tried to reassure them that Mommy would be okay. A copy of Ms. Simon’s statement is enclosed.

Michael wrapped my hand in wet towels and took me straight to the Phoenix Mercy Hospital emergency room.

INJURIES AND TREATMENT

When we got to the Mercy Hospital emergency room, I was in so much pain I was going into shock. Because I was a burn patient in distress, I was seen right away by Dr. Elmore Lathan.

Dr. Lathan and the nurses immediately began treating me for shock, including starting an IV in my left arm. I was given IV medication for pain and nausea. The medication started working, so I could tolerate having my burns more thoroughly examined and treated.

After examining my right hand and fingers, Dr. Lathan informed me I had sustained severe second-degree burns on my right fingers and a very bad first-degree burn on my right palm. Dr. Lathan applied an antibiotic ointment to my hand and wrapped it in fresh gauze.

Doctor Lathan said it would take four to six weeks for my fingers to heal completely. He said I should follow up with my primary care provider to monitor for scarring and infection.

As you’ll see in the hospital records, Dr. Lathan stressed that until the skin on my fingertips was fully healed, I could not perform any tasks that put pressure on my fingertips. He specifically said not to use my right hand for activities like typing, playing a musical instrument, or even buttoning clothes.

Until the skin was closed, I had to use special non-stick bandages and ointment to the burned areas. The doctor gave me a prescription for acetaminophen with codeine to take round the clock for the first few days. I was then to taper off the prescription pain pills and begin using ibuprofen for pain and swelling.

Because I work primarily as a typist, the doctor gave me a work slip for my employer that it was medically necessary for me to be off work for at least five weeks.

The following Monday, on February 17, I saw my primary care provider, Dr. Sharon Newman. Dr. Newman examined the burn on my right fingers and palm and agreed with the prognosis from Dr. Latham.

As you can see in her notes, Dr. Newman reiterated the importance of not using my right fingers for typing or any other task that would stress my burned fingertips. She said to prevent scarring and infection; it would be at least another month before I could use my fingers.

I did not want to risk further damage to my fingers, so I diligently followed the advice of my doctors. Even with strong medications, pain from the burns kept me in torment for days. I couldn’t sleep through the night and could barely eat. It was the worst time of my life.

Even when the worst of the pain began to lessen, I still suffered because I had lost the use of my dominant hand. I had trouble getting dressed, taking care of my children, and needed extra help with almost every household task.

Before my injuries, I lived a full life, free of pain and discomfort. Since my injuries, I’ve experienced serious pain and discomfort, anxiety, guilt and depression. All these are directly attributable to your insured’s negligence.

I had three follow-up visits with Dr. Newman until my burned fingers and palm were healed. I was finally released from medical restrictions and returned to work on March 23, 2020.

WORK HISTORY

I have worked as a full-time transcriptionist for the Acme Business Group for the past three years. My job requires me to spend eight hours a day typing while listening to recorded dictation.

To meet my productivity goals, I have to be able to type at least 65 words per minute with 97 percent accuracy. There was no way to perform my job duties until my burned fingers completely healed.

Until your insured’s negligence left me in terrible pain and without the use of one hand, I had a nearly perfect attendance record on my job, with an exceptional productivity record.

I never asked for any of this to happen. Because of your insured’s negligence, I lost five full weeks of work and lost the opportunity for productivity bonuses that quarter.

DAMAGES

Below is an itemized list of my damages. Copies of my medical bills and other supporting documents are enclosed.

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DEMAND

To compensate me for the physical pain, emotional distress, and the financial losses I sustained because of the negligence of your insured, I demand the total amount of $21,700 to resolve my injury claim.

Please respond within fifteen (15) business days. I appreciate your prompt attention to this matter.

Sincerely,

Joan Meyers
Cell: 555-776-8753
Email:jmeyers@internet.com

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