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William Mack wore the boots supplied by his boss, for two days before discovering a small wound on the bottom of the second toe on his left foot.
He then saw a tack sticking up deep inside the left shoe.
His condition deteriorated, and he was hospitalized and placed on intravenous antibiotics before developing gangrene, necessitating amputation of the toe. He now has severe neuropathic pain in his left foot and an impaired gait that resulted in the development of chronic lower back pain.
Mack’s injuries made it impossible for him to continue in his job. He sued the manufacturer of the shoe, Lehigh Outfitters in the U.S. District Court in New York, alleging the tack was supposed to have been removed after the manufacturing process was completed.
For information on Insurance Claims, go to: Work Place Injuries
The shoe company’s insurer conceded fault but argued that the 54-yr-old diabetic was exaggerating the extent of his altered gait and the severity of his back pain and that his back pain resulted from a pre-existing degenerative spinal condition. It claimed his conditions were the result of alcohol abuse but later conceded that there was no evidence for that allegation.
The parties settled before trial for USD$1 million, paid by the defendants’ insurer.
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