330 Alhambra Circle

Coral Gables, FL 33134

633 S. Andrews Avenue Suite 400
Fort Lauderdale, FL 33301

(305) 446-5700

(954) 323-4400

Speak with an Attorney

Florida Court Affirms $13 Million Verdict in Wrongful Death Product Liability Case

The Florida Third District Court of Appeals has upheld a $13 million verdict in a wrongful death product liability case litigated by The Haggard Law Firm, led by attorneys Pedro Echarte and Todd Michaels, along with co-counsel Ernesto Santos of HALPERN | SANTOS | PINKERT, and Haggard Law appellate attorney Jim Blecke. This decision, which stems from a verdict in Miami-Dade County Court in July 2023, involves the carbon monoxide poisoning death of Matthew Burns, a beloved father of two, resulting from his use of a piece of equipment he rented from Sunbelt Rentals, Inc. 

Court’s Decision on Expert Testimony

The court’s ruling addressed the defendant’s objections regarding the testimony of two plaintiff’s experts under the Daubert standard, as well as the claim that one of the Estate’s experts provided “surprise” testimony. Sunbelt Rentals, the defendant in the case, argued that excluding this expert testimony would have left the record insufficient to support the jury’s verdict and requested an entire dismissal of the case. The appellate court rejected these arguments and affirmed the jury’s decision, ensuring justice for the Burns family (click below to read the court opinion). 

The Tragic Incident and Preventable Death

On July 12, 2019, Matthew Burns tragically lost his life due to carbon monoxide poisoning while operating a “Shot Blaster” machine, which he had rented from Sunbelt Rentals. Attorneys Echarte, Michaels, and Santos argued that Sunbelt Rentals was negligent in renting out the equipment without the necessary safety equipment, including a carbon monoxide monitor, and failing to warn Mr. Burns of the need for such equipment. Sunbelt was aware that the machine would be used in indoor or partially enclosed environments, putting operators like Mr. Burns at serious risk for carbon monoxide poisoning. The legal team further highlighted that Sunbelt Rentals failed to follow the manufacturer’s instructions and warnings in the machine’s manual. As per the manufacturer’s safety guidelines, Sunbelt should have informed Mr. Burns to use a portable carbon monoxide monitor and ensure he received proper training before operating the machine. 

Matthew Burns’ Family’s Heartbreaking Loss

Matthew Burns left behind his wife and their twin children. Through their dedicated legal work, The Haggard Law Firm has ensured that the Burns family received justice for their devastating loss and highlighted the urgent need for better safety standards in the rental equipment industry. 

Experienced Attorneys in Complex Product Liability Cases

The Haggard Law Firm has a proven track record in handling some of the most complex product liability cases nationwide. Our team has represented families affected by dangerous products ranging from faulty theme park rides to defective boating equipment, unsafe sports gear, and hazardous pool drains. We are committed to helping victims of product failures seek justice and compensation for their losses.

Contact The Haggard Law Firm’s Trial Lawyers

Child Dies in Michigan Hyperbaric Chamber Explosion

(Stock Image – This is not the chamber referred to in this story)

Friday a 5-year-old boy died in an explosion inside a hyperbaric chamber at The Oxford Center in Troy, Michigan. First responders found the boy dead inside the chamber, and his mother, who was standing next to it, suffered arm injuries. The incident occurred during hyperbaric oxygen therapy, which uses high-pressure oxygen to treat various conditions, though the exact cause of the explosion remains under investigation. The Oxford Center, which has been providing such therapy for 15 years, expressed sorrow and vowed to cooperate fully with the investigation.

This tragic event has brought renewed attention to the risks of hyperbaric therapy, especially in non-FDA approved treatments. Hyperbaric chambers, which operate in a pressurized, oxygen-rich environment, are highly combustible, and the explosion is thought to have been fueled by the oxygen present.

A Similar Tragedy: Francesco Martinisi’s Fatal Journey

The recent tragedy in Troy echoes a devastating case from 2009 when 4-year-old Francesco Martinisi, who had cerebral palsy, died in a hyperbaric chamber explosion at a clinic in Lauderdale-by-the-Sea, Florida. Francesco’s grandmother also perished in the fire. The Haggard Law Firm represented the family in the wrongful death product liability case. During the case The Haggard Law Firm’s Michael Haggard discovered that the clinic used outdated equipment, contributing to the explosion. Haggard’s efforts helped secure justice for the Martinisi family, but the case highlighted critical safety failures in hyperbaric treatment.

A Call for Greater Accountability

The Haggard Law Firm continues to fight for families affected by similar, preventable tragedies and is stressing the need for stronger safety regulations in hyperbaric therapy centers. “There is no excuse for these types of incidents,” Haggard said. “Stricter oversight and safety protocols are essential to prevent further tragedies.”

Michael Haggard

As investigations into the Troy incident unfold, the hope is latest tragedy will prompt reforms in hyperbaric therapy practices. For now, the families involved are left grappling with a devastating loss.

To contact The Haggard Law Firm click here