- Injuries: Severe Burns and Permanent Scarring
- Amount of Settlement: $228,500.00
- Special Damages: $11,939.86 (Medical)
- Date: July, 2008
- Personal Injury
During the summer of 2004, a mother, child and 1 ½ year old infant moved into a low income apartment located at 285 Central Street in Springfield, MA. Unbeknownst to the mother, at the time they moved into the apartment, the premises was the subject of a litany of building, health and safety code violations. When the cold winter replaced the summer heat, the temperature of the old fashion cast iron radiator in the children’s bedroom soared to dangerous levels. This superheated radiator was not equipped with a shut-off valve or any temperature control device of any kind, and did not have a protective cover or heat shield. The mother verbally notified the landlord of the extreme temperature of the radiator on several occasions. On January 31, 2005, the infant was sleeping on top of his covers. He was wearing very little clothing as he usually did since the radiator kept the room almost too hot to withstand. At some point during the night, the infant came into contact with the radiator and sustained severe burns – specifically a full thickness burn to his upper left extremity. He was then taken to Baystate Medical Center in Springfield, where he underwent a split thickness skin graft in which skin tissue from his left thigh was removed and grafted to the burn area. He has sustained vicious, permanent and grotesque scarring to both his upper left arm and left thigh as a result of his contact with the radiator. The case settled for $228,500.00 after mediation despite the liability issues and having had no prior offers of settlement.