Natalie Barnhard Settlement: From $66M Verdict to $19.5M Payout

The Natalie Barnhard settlement resolved a product liability case against Cybex International for approximately $19.5 million in February 2012, more than a year after a Buffalo jury had awarded her about $65.9 million for injuries that left her a quadriplegic at age 24. The settlement figure was net of insurance and came after a New York appellate court had already cut the jury award to roughly $44 million and while Cybex was warning investors it might not survive the judgment.

The Injury Behind the Case

On October 22, 2004, Barnhard was working as a physical therapy assistant at Amherst Orthopedic Physical Therapy near Buffalo. She stepped to the weight-stack side of a Cybex leg extension machine, put her hands on top, and pulled on it to stretch her arms and shoulders. The machine weighed over 600 pounds and was not bolted to the floor. It tipped and fell on her, crushing her neck and paralyzing her at the C5-6 level.¹ She spent her first week on a ventilator at Erie County Medical Center and could not speak for three months.²

How the $66 Million Verdict Came Together

Barnhard sued Cybex in New York State Supreme Court, Erie County, with Amherst Orthopedic brought in as a third-party defendant.³ Her attorneys at Phillips Lytle LLP argued the machine was defectively designed and that Cybex had failed to warn about its tipping hazard. Experts testified it could be toppled with only about 40 pounds of horizontal force, and plaintiff’s counsel said seven other people in the United States had been hurt in similar incidents with Cybex equipment.¹

Cybex argued the injury resulted from unforeseeable misuse because the machine was not designed for stretching. The appellate court later noted that defense was undermined by testimony from the machine’s own designer, who acknowledged stretching on exercise equipment is common and foreseeable.¹

After an eight-week trial before Judge Diane Y. Devlin, the jury returned its verdict on December 7, 2010, awarding roughly $65.9 million. Liability was apportioned 75% to Cybex, 20% to Amherst Orthopedic, and 5% to Barnhard.⁴ Under New York law, Cybex was responsible for 95% of the total because it held the largest share of fault.⁵ Damages covered past and future medical costs, lost earnings and benefits, pain and suffering, and future care of potential children. Phillips Lytle described the verdict as the largest product liability award in Erie County history.

Why the Number Fell on Appeal

Cybex appealed to the Appellate Division, Fourth Department. On November 18, 2011, the five-judge panel affirmed liability but held that the pain and suffering awards “deviate materially from what would be reasonable compensation.” The court ordered a new trial on those damages unless Barnhard accepted reduced amounts: $3 million for past pain and suffering and $9 million for future pain and suffering.¹

The panel also threw out the jury’s award for future care of potential children, finding it was based entirely on speculation. With those cuts, the overall judgment dropped from about $66 million to roughly $44 million. The court rejected Cybex’s misuse defense and rejected Amherst Orthopedic’s cross-appeal on its 20% share.¹ Cybex sought review from the New York Court of Appeals, but the case settled before that court acted.⁶

The Terms of the $19.5 Million Settlement

On February 6, 2012, Cybex announced it had settled with Barnhard for approximately $19.5 million, net of insurance. The agreement required execution by Cybex, Barnhard, and Amherst Orthopedic, with funds expected to be disbursed within 30 days.⁷

The payment came in two parts. About $18.5 million was due at the consummation of the settlement, expected in mid-March 2012, with the remaining $1 million payable to Barnhard over seven years. Cybex also offered her a seven-year consulting contract to help develop exercise equipment for people with disabilities.⁶⁸ In exchange, Barnhard released the company from existing and future claims, and the case was dismissed with prejudice. Cybex planned to fund the upfront amount with cash, an existing line of credit, and additional bank financing.⁷

One 2013 report placed the combined recovery from Cybex and Amherst Orthopedic at approximately $26 million, which would include Amherst Orthopedic’s separate share of the liability.⁹

Why Barnhard Accepted Less Than the Judgment

The $19.5 million figure was a steep discount from the $44 million appellate judgment, and the reason was Cybex’s finances. The company’s available insurance coverage for the claim was under $4 million.⁵ Its independent auditors had added a “going concern” paragraph to the annual report, flagging substantial doubt about the company’s ability to keep operating.¹⁰ Barnhard’s counsel said there was “no desire to force a bankruptcy” given the company’s condition.⁸ A larger judgment on paper would have been worth less in practice than a smaller sum Cybex could actually pay.

What Barnhard Did With the Settlement

Barnhard used the settlement to cover her own medical costs, which freed a nonprofit she had founded in 2008 to help others with spinal cord injuries.⁹ That organization evolved into the Motion Project Foundation, which operates the Natalie Barnhard Center for Activity-Based Spinal Cord Injury Rehabilitation and Recovery, a 6,000-square-foot facility in Cheektowaga, New York.¹¹ The center offers activity-based therapy and uses equipment such as a Lokomat Pro robotic gait trainer acquired through a $250,000 grant.¹² The foundation also awards supplemental grants of up to $5,000 for quality-of-life needs.¹³

Barnhard, later known by her married name Barnhard-Castrogiovanni, served as the chapter leader of the Western New York Chapter of the United Spinal Association and as the group’s Great Lakes regional coordinator, and she participated in the annual “Roll on Capitol Hill” lobbying event. She received the United Spinal Association’s 2021 Finn Bullers Advocate of the Year Award.¹⁴ She died on January 9, 2026, still serving as founder and CEO of the Motion Project Foundation.¹⁵

1
FindLaw. Barnhard v. Cybex International, Inc.
2
United Spinal Association. Remembering Doug Frey and Natalie Barnhard-Castrogiovanni
3
Sports Litigation Alert. Appeal in the Offing After Jury Rules Against Exercise Equipment Maker
4
New York Daily Record. Product Liability Case Yields $65.9M Verdict
5
RTT News. Jury Verdict Against Cybex International in Product Liability Suit
6
American Spa. Cybex Settles Barnhard Product Liability Lawsuit for $19.5 Million
7
SGB Online. Cybex Settles Product Liability Lawsuit for $19.5MM
8
Sports Litigation Alert. Cybex Reaches Settlement in Product Liability Suit, Averts Financial Disaster
9
Spinal Cord Injury Zone. Life-Changing Injury: Woman Striving to Fulfill Dreams
10
U.S. Securities and Exchange Commission. Cybex International Inc. Form 10-K
11
Motion Project Foundation. Natalie in the News
12
Motion Project Foundation. Motion Project Foundation
13
Accessible Pharmacy. Meet Natalie Barnhard-Castrogiovanni
14
United Spinal Association. Natalie Barnhard Advocate of the Year
15
Hope Rises News. The Legacy of Natalie Barnhard-Castrogiovanni