DEC keyboard injury case ends with $6M award

Electronic News, Dec 23, 1996 by Elaine Chen

New York--A Brooklyn federal jury this month awarded $6 million to three users of Digital Equipment's keyboards in a landmark verdict which could prove troubling to computer manufacturers. The case alleged that Digital keyboards caused carpal tunnel syndrome and other injuries to long-term users.

According to the law firm of Levy, Phillips & Konigsberg, which represented the plaintiffs, the verdict consisted of compensatory damages only, and was distributed among the three plaintiffs based on their injuries and lost wages. Plaintiff Patricia Gerassy received a $5.352 million award, while Jill Jackson was awarded $306,000 by the jury and Jeanette Rotolo $278,000.

Stephanie Lannigan, an attorney for the plaintiffs, said that the jury based its verdict on Digital's alleged failure to warn consumers about the dangers of its keyboards. "They were warning their own employees because it was financially advantageous to do so, but they did not warn consumers because it was financially disadvantageous to do so," Ms. Lannigan said. She added that documents indicated the company "knew that keyboard use could could cause carpal tunnel syndrome as soon as 1982."

In an official statement, Digital said, "We disagree with the verdicts, which are inconsistent with relevant scientific knowledge, with the evidence and with the law...(we) will seek to to have the verdicts set aside by the trial court and, if necessary, will appeal." Ms. Lannigan said that while large jury awards are often modified by the courts, her firm was "fairly confident that we're going to withstand an appeal."

Regardless of the Digital case's eventual resolution, it is sure to guarantee further litigation regarding keyboard use. As noted by Digital, "the claims made by plaintiff's attorneys are not specific to Digital's products," with "thousands of similar suits against IBM, Apple, AT&T and others in the computer industry" already in progress. While IBM, for one, has previously triumphed in several similar U.S. cases, plaintiffs' attorneys are sure to examine the Digital case closely.

Ms. Lannigan stated that her firm represents plaintiffs in approximately 900 keyboard repetitive stress injury cases; she estimates that there are approximately 2,000 such cases nationwide. "As long as computer manufacturers continue not to properly educate their consumers, there will continue to be litigation," Ms. Lannigan concluded.