April 6, 2000

Doctor sues Nike, claiming she was tripped up by faulty sneakers

By LARRY NEUMEISTER
Associated Press Writer

NEW YORK (AP) -- A Manhattan orthopedic surgeon sued Nike Inc. on Wednesday for $10 million, saying shoes made by the athletic footwear giant tripped her and caused permanent injury.

Dr. Deborah A. Faryniarz filed the lawsuit in U.S. District Court in Manhattan, alleging she sustained serious and permanent injuries when she fell last April 8 while jogging.

According to the lawsuit, the right shoelace hooked around the back tab of the left sneaker, spilling her onto her wrists and knees.

Attorney James P. Kreindler, who filed the lawsuit on Faryniarz's behalf, said the fall severely injured the doctor's right wrist several days before she was to begin performing wrist surgeries as part of her residency. She also was pregnant with her first child at the time.

"She ended up with her professor being her treating physician as well," he said.

Her child was born healthy.

Since the injury, Faryniarz has continued to perform surgeries, but has had to ask others to help her twist screws and do other surgical chores that require mobility in her injured wrist, Kreindler said.

"She's still working as a doctor, pursuing her career, but she's had kind of a tough time of it," he said.

The lawsuit alleged that Nike knew before Faryniarz was injured that the Nike Certitude Cross-trainer sneakers were hazardous but failed to fix the flaws.

It said Nike was negligent for carelessly designing, manufacturing, assembling, inspecting, testing and distributing the sneakers and for failing to warn they were hazardous.

Cheryl McCants, a spokeswoman for Nike in Beaverton, Ore., said the company was not ready to comment on the lawsuit.

"We haven't even seen a copy of the complaint yet," she said.

She said she could not recall reports of serious problems with Nike sneakers but observed, "In general, people have problems and sometimes don't tie their shoes properly."

The lawsuit alleged Faryniarz has suffered permanent physical disfigurement and disabilities with "far reaching effects on all aspects of her personal and professional life as well as great pain, suffering and mental anguish."

The suit seeks $10 million in damages for past and future medical expenses, pain and suffering and the loss of past and future earnings and earning capacity.