What’s it Worth? August 11, 2022

So here we are in the middle of August, 2022. The Mets are on fire. The Yankees were on fire but now not so much. In case anyone cares, pre season football is in full swing. As for our cases, we thought we would give you a few neck and back cases to review. Best regards and enjoy the dwindling days of summer.

 

WOODLEY NOEL V. ADF PIZZA I, LLC, ADFP MANAGEMENT, INC (152130/17)

SETTLEMENT: 2022

VENUE: Supreme New York

TYPE OF CASE: Automobile Liability

FACTS: A 27-year-old school bus driver collided with a car driven by a pizza deliveryman.

INJURIES:

• The plaintiff sought medical attention one week after the accident and received minor treatment.
• The plaintiff claimed he suffered a partial-thickness tear of each shoulder’s supraspinatus tendon.
• The plaintiff claimed that he suffered a tear of the anterior and posterior regions of his right, dominant shoulder’s glenoid labrum (SLAP lesion).
• The plaintiff claimed that each shoulder developed bursitis.
• The plaintiff claimed that each shoulder developed synovitis, involving inflammation of joint-lining membrane.
• The plaintiff claimed that his left shoulder developed adhesive capsulitis, often referred to as frozen shoulder.
• The plaintiff claimed that he sustained herniations of his L4-L5 and L5-S1 intervertebral discs.
• The plaintiff claimed that he developed residual impingement of a spinal nerve and resultant radiculopathy.
• The plaintiff underwent physical therapy to address his back and shoulder intermittently for three months.
• Five months after the accident, the plaintiff underwent arthroscopic surgery on his right shoulder including debridement of damaged tissue, a bursectomy with excision of an inflamed bursa, and a synovectomy with excision of other inflamed tissue.
• The procedure included a bursectomy and a synovectomy, and it was proceeded by an injection of cortisone.
• Seven months after the second surgery, the plaintiff underwent a surgical fusion of his spine’s L4-L5 and L5-S1 levels. The procedure included a laminectomy, which involved excision of portions of adjacent vertebra, and the implantation of stabilizing rods and screws.
• The plaintiff underwent the administration of painkilling trigger point injections.
• The plaintiff claimed that he suffered residual pain and limitations that prevent his performance of manual labor.
• The defense’s biomechanics expert opined that the accident did not involve a collision of a force sufficient to have caused the injured that the plaintiff claimed to have suffer.
• The defense’s orthopedist opined that the shoulders’ surgeries produced successful outcomes without permanent disabilities.
• The defense’s other expert orthopedist opined that the spinal surgery addressed degenerative conditions which predated the incident. The expert also found no objective evidence of a physical deficit.
• The defense’s expert neurologist opined that the plaintiff does not suffer a neurological deficit and is exaggerating his symptoms.

RESULT: The parties negotiated a pretrial settlement of $2,125,000. The defendant’s primary insurer tendered it’s $1.5 million policy and their excess insurer agreed to pay $625,000 from a policy with $3 million in coverage.

 

 

ISSAC J. JACOBS V. INCORPORRATED VILLAGE OF GARDEN CITY, RAPLH V. SUOZZI (609447/19)

MEDIATED SETTLEMENT: 2022

VENUE: Supreme Nassau

TYPE OF CASE: Automobile Liability

FACTS: A 40-year-old home health aide was driving when his car was struck in the rear by a trailing car.

INJURIES:

• The plaintiff was transported to the hospital immediately after the accident where he received a brace to secure his neck.
• The plaintiff claimed that he suffered herniations of his C3-C4, C4-C5, C5-C6, L4-L5, and L5-S1 intervertebral discs. The plaintiff claimed that he developed residual impingement of spinal nerves and resultant radiculopathy that stemmed from his cervical and lumbar regions.
• The plaintiff immediately commenced a course of conservative treatment that comprised of chiropractic manipulation and the administration of painkilling injections.
• The treatment was usually rendered three or four times a week and lasted for more than 12 months.
• 13 months after the accident, the plaintiff underwent a discectomy with excision of his C5-C6 disc and fusion of the corresponding level of his spine. The surgery was followed by a course of physical therapy.
• The plaintiff claimed that he suffered residual pain and limitations that prevent his performance of physical labor.
• The plaintiff has not worked since his surgery.
• The plaintiff claims that he requires physical therapy, fusion of a portion of his spine’s lumbar region, and further fusion of his spine’s cervical region.
• The defense’s biomechanics expert opined that the accident could not have caused the injuries that the plaintiff claimed to have suffered, that instead they were age and work related degenerative conditions.
• The defense’s expert radiologist submitted a report in which he agreed that the plaintiff’s injuries were degenerative conditions.
• The defense’s expert orthopedist opined that the plaintiff does not require further surgery or physical therapy, he does not suffer an orthopedic disability, and that he can work without restriction.

RESULT: The parties negotiated a pretrial settlement of $1.25 million. The defendants’ insurer tendered its primary policy, which provided $1 million of coverage, and agreed to pay $250,000 from a policy that provided $10 million in coverage.

 

O’CONNELL V. STATE FARM MUTUAL AUTO. INS. CO. (442 CA 19-01711)

DECIDED: October 9, 2020, Appellate Division, Fourth Department

VENUE: Supreme Erie

TYPE OF CASE: Automobile Liability

FACTS:  A 24-year-old law student was stopped at a traffic light when her car was struck by a vehicle that drove through a red light. The plaintiff recovered $500,000 from the other driver. She then made an underinsured motorist claim against her insurance carrier.

INJURIES:

• The plaintiff refused medical treatment at the scene of the accident but called her doctor later that night complaining of low back pain.
• The plaintiff suffered from herniations of her T12-L1, L1-L2, L3-L4, L4-L5, and L5-S1 intervertebral discs with bilateral radiculopathy and compression on nerve roots.
• The plaintiff claimed that her residual pain and limitations prevent her from taking part in her normal activities such as running, swimming, and exercise.
• The plaintiff claimed that the pain hindered her ability to bend, get dressed, cook, clean, or perform household chores.
• The plaintiff claims that she will need a three-level discectomy and fusion of her L3-S1 intervertebral disc in the near future.
• The plaintiff saw a chiropractor 250 times and never received physical therapy.
• The defense counsel noted that the plaintiff did not receive medical treatment until 10 days after the accident, only took Tylenol for her pain, and never missed school as a result of the accident.
• The defense counsel also pointed out that the plaintiff was involved in another accident 7 years earlier from which she was diagnosed with cervical and thoracic herniations which she was told may require surgical intervention.
• The defendant’s expert neurosurgeon opined that the plaintiff only suffered temporary pain in her lumbar spine that requires no further treatment, and the MRI results show only mild degenerative changes in the herniations.

RESULT: The arbitrator awarded $2,250,000 minus the $500,000 that was already recovered from the original suit, for a total of $1,775,000. The Appellate Division, Fourth Department affirmed the arbitrator’s award.

 

 

DAVENPORT V. BASTIDAS (152760/18)

DECISION: 2020

VENUE: Supreme Richmond

TYPE OF CASE: Automobile Liability

FACTS:  A 53-year-old legally blind pedestrian was struck by a car as it was executing a right turn.

INJURIES:

• The plaintiff suffered a non-displaced fracture of his right foot’s third metatarsal (bone that joins the third toe and center of the foot).
• The plaintiff claimed to suffer herniations of his C3-C4, C4-C5, C5-C6, L2-L3, L3-L4, and L5-S1 intervertebral discs.
• The plaintiff also claimed that he suffered from a trauma induced bulge of his L4-L5 disc.
• The plaintiff received five months of physical therapy and chiropractic manipulation, however he claimed to experience on going pain in his back and neck.
• The defense’s expert orthopedist opined that the plaintiff’s herniations and bulging discs predated the accident and that the plaintiff’s foot fracture healed without any permanent disability.
• Defense counsel argued that the plaintiff did not suffer any residual pain or restrictions.

RESULT: The jury awarded $20,000 for past pain and suffering. The jury did not award any damages for future pain and suffering.

 

NURAN KUCUR V. KIKI BLANDA PETRINA A. MIRONIS AND RAVI K. JASWANI (703932/17)

SETTLEMENT: 2020

VENUE: Supreme Queens

TYPE OF CASE: Automobile Liability

FACTS:  A 47-year-old home health aide was a back seat passenger of a taxi when it was struck by another vehicle while proceeding through an intersection.

INJURIES:

• The plaintiff claimed that she suffered herniations of her C3-C4, C4-C5, C5-C6, and L4-L5 intervertebral discs.
• The plaintiff claimed that she developed residual impingement of spinal nerves and resultant radiculopathy that stemmed from her cervical and lumbar regions.
• The plaintiff also claimed to suffer a tear of her right shoulder’s glenoid labrum, a tear of her right shoulder’s supraspinatus tendon (part of the rotator cuff), and trauma induced impingement of her right shoulder.
• The plaintiff also claimed that she developed residual emotional distress.
• The plaintiff received physical therapy and two epidural injections of steroid-based pain killers.
• The plaintiff underwent a discectomy, involving the excision of part of her C5-C6 disc.
• Following surgery, the plaintiff received physical therapy, a pain-management regimen, and psychological counseling.
• The plaintiff claimed that she suffers from residual pain and limitations that hinders her ability to sleep, perform rigorous physical tasks (including her job’s duties), and that she suffers from headaches.
• The plaintiff claims that her emotional distress persists and will require lifelong treatment.

RESULT: After a trial for liability resulted in a mixed verdict, the parties settled for $1,300,000.