Hodes Milman represented a 49-year old woman who suffered permanent hearing damage as a result of an MRI for which she was not advised to use ear protection as mandated by the MRI Center’s policies. A technologist at the center approached the plaintiff, who was undergoing a breast MRI, while she was face down and attempted to place an earplug in her ear. When the plaintiff asked whether the hearing protection was necessary, the technologist indicated that it was not and proceeded with the MRI. The plaintiff heard loud banging noises and experienced pain during the procedure, which led to permanent tinnitus and hyperacusis. The case was resolved in mediation, with the defendant ordered to pay $132,500 plus mediator’s fees.
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