MEDWAY, MA — Cybex International Inc. lost a product liability suit today with the jury rendering a $66 million verdict, according to Cybex.

The verdict in the case, Barnhard v. Cybex International Inc., was apportioned 75 percent to Cybex, 20 percent to Amherst Orthopedic Physical Therapy PC and 5 percent to the plaintiff. Under New York law, Cybex would be responsible for 95 percent of the verdict but may collect 20 percent of the verdict from Amherst Orthopedic.

Cybex says it will appeal the verdict.

The plaintiff in the case, Natalie M. Barnhard, was rendered a quadriplegic after a Cybex 4106 ZR Classic leg extension machine at Amherst Orthopedic Physical Therapy, Buffalo, NY, fell on her as she leaned on the machine to stretch her shoulder, according to her lawyers, Kevin English and Michael Law, partners with Phillips Lytle in Buffalo. Barnard, who was a physical therapy assistant, was working with a client on a nearby machine at the time. It took four people to pull the machine off of Barnhard, she recounts on her website.

I had never been so scared in my whole life because in my mind I knew I had suffered an extremely severe life changing injury, she wrote on her site.

English says the Cybex machine was manufactured in the early 1980s, and Cybex has since made improvements to its products. However, he says the machine was not properly designed because the center of gravity was too far to the weight stack side of the machine.

We believe there is overwhelming evidence to support that verdict, and we believe it will be sustained, Law says about Cybexs planned appeal.

Cybex Chairman and CEO John Aglialoro said in a statement from the company: This piece of equipment has been in continuous operation for over 25 years in the same facility as Ms. Barnhard was injured to the current date, with no incidents reported other than this one event. We strongly believe that Cybex was not negligent and is in no way responsible for this tragic accident. We will vigorously pursue all avenues to attain a reversal of this verdict.

Because Barnhard was an employee of Amherst Orthopedic Physical Therapy, she could not sue her employer. However, Cybex did make a claim against Amherst Orthopedic, claiming that Amherst Orthopedic had not properly anchored the machine.

Robert Baxter, a partner in the firm of Baxter Smith & Shapiro PC, who represented Amherst Orthopedics, said that Cybex never sold the machine with bolts and never gave any warnings that the machine should be bolted down. He also said that Cybex never gave warning that machines similar to this one had tipped before.

The first notification was when this machine fell on Natalie, Baxter says.

Amherst Orthopedics is still in business and is still using that same machinewithout boltsalthough they now have it against a wall, Baxter says. He added that an expert who testified for Cybex said he has the equipment in his facility and doesnt bolt his down either.

The standard in the industry is that they are supposed to be manufactured so they dont need to be bolted down, Baxter said. Even their manual had a recommendation to bolt, not a direction to bolt.

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