$1.2 Million Dollar Settlement
Facts: Plaintiff was driving his motor vehicle straight when defendant, who was legally drunk, crossed over a divider and struck the plaintiff’s car head on. Plaintiff was the only occupant in the car and died instantly. Plaintiff had dependent wife and teenage son.
$1.6 Million Dollar Settlement
Plaintiff is a 50 year old man who was doing repair work on a residential residence in Suffolk County. He was on a ladder when several bricks in the patio supporting the ladder gave way causing him to fall to the ground. The homeowner was negligent due to the improper construction and maintenance of the brick patio. Plaintiff suffered injuries to his pelvis, back, neck and legs and is disabled from future work.
$850,000 Mediated Settlement
Facts: Plaintiff is a 65 year old male driving his motor vehicle at approximately 3:00 a.m. when a tour bus pulled out from a parking lot. Plaintiff was driving straight and struck the middle of the tour bus on the driver’s side. Defendant claimed that he was stopped in the roadway waiting to make a left hand turn and plaintiff had ample to see the tour bus and avoid a collision.
Defendant additionally argued the reflectors on the side of the bus would make the bus clearly visible and that plaintiff was fatigued from work. Plaintiff suffered broken ribs and a fractured hip requiring an open reduction and necessitating plaintiff walk with the assistance of a cane.
$600,000 Trial Verdict
Facts: Plaintiff is a 38 year old livery cab driver. He parked his car at the end of his shift in the dispatch garage and was walking to the office. Another car entered the garage at an unreasonable speed and skidded on oil that was left pooling by the owner of the garage. The car pinned plaintiff up against the garage wall breaking his left tibia and fibula and causing him to suffer permanent limp.
Defendants claimed there was a safe egress from the garage and plaintiff was responsible for putting himself in harm’s way. Additionally, defendants submitted surveillance video of plaintiff participating in recreational sports.
$555,000 Mediated Settlement
Plaintiff is a 33 year old man who was riding his bicycle through an intersection when he was struck by a motor vehicle and injured his left knee. Plaintiff suffered a torn ACL requiring surgery an extensive rehabilitation. Plaintiff’s injury resulted in a 1 inch atrophy of the left quadriceps muscle. Defendant claimed his motor vehicle was stopped at a red light when plaintiff rode off the sidewalk and struck the right front quarter panel of the vehicle.
$395,000 Settlement at Jury Selection
Plaintiff is a seventy year old woman that slipped on ice in her apartment complex owned by the New York City Housing Authority. She suffered a bimalleolar fracture with an avulsion fracture of the medial malleolus requiring an open reduction and insertion of hardware. Defendant claimed they did not have ample opportunity to remove the snow and ice since it had snowed over two feet in the twenty four hours before the accident. Through discovery and further investigation it was revealed that an employee of the defendant was directed to remove the snow and ice from the subject area, but refused his assignment. The area in question, therefore, remained untended for an unreasonably long period of time.
$390,000 Mediated Settlement
Plaintiff, a 38 year old female was involved in a motor vehicle accident in Suffolk County. Plaintiff underwent surgery consisting of a mini-open retro-peritoneal exposure of the lumbar spine with an anterior lumbar interbody decompression and fusion; partial vertebral corpectomy and a lumbar implant L5-S1. Defendant argued that the impact and damage to the motor vehicle was not significant and that plaintiff had a prior accident resulting in her undergoing MRI’s evidencing significant lumbar injuries.
$350,000 Trial Verdict
Facts: Plaintiff is a 33 year old male driving his motorcycle straight when the defendant attempted to make a right turn and struck the side of plaintiff’s motorcycle. Defendant claimed he followed a turn arrow and that the plaintiff rode through a steady red light. Defendant also claimed that according to plaintiff’s own doctors he made an excellent recovery and suffered no restrictions.
Plaintiff suffered a fracture of his right tibia and fibula requiring surgery. Defendant was found to be 100% liable at trial and offered a $100,000 settlement. Plaintiff refused the offer and obtained a jury verdict.
$300,000 Settlement During Trial
Facts: The plaintiff is a 38 year old male who was stopped in traffic when his vehicle was struck in the rear by another car. Plaintiff was awarded summary judgment on liability and the matter proceeded to trial on damages. The plaintiff suffered a lumbar herniated disc requiring a fusion and laminectomy.
Defendant claimed that the plaintiff’s injury was not related to the accident as he suffers from severe Ehlers Danlos syndrome. Defendant also obtained surveillance footage of plaintiff working at a construction site carrying various heavy objects. Case settled after jury selection and before opening statements.
$295,000 Mediated Settlement
Facts: Plaintiff is a 43 year old women who was driving her motor vehicle which was struck in the rear by another car. Plaintiff suffered thoracic and lumbar herniated discs requiring a posterolateral spinal fusion at T11 – L2, segmental pedicle fixation at T11-L2 and an iliac crest bone graft. Defendant conceded liability but claimed the injury was degenerative as there was no visible damage to the motor vehicle plaintiff was operating.
$250,000 Mediated Settlement
Facts: Plaintiff is a 32 year old woman who was driving her motor vehicle and stopped at a red light when her car was struck in the rear by another motor vehicle. Plaintiff suffered horizontal tears of the anterior horns of the medial and lateral menisci of the right knee with traumatic chondromalacia. Plaintiff’s injuries necessitated multiple injections to her right knee as well as two arthroscopic surgeries.
Plaintiff’s surgeon opined that a total knee replacement is a possibility as plaintiff ages because her injuries will exacerbate the normal degenerative changes. Defendant argued that Plaintiff made a full recovery as she was able to return to work without limiting the scope of her duties.
$250,000 Settlement During Trial
Facts: Plaintiff is a 62 year old male who experienced car trouble on a busy highway at 9:00 p.m. He proceeded to pull off to the side of the roadway and open the hood. As he was standing in front of his car working under the hood the defendant was driving his motor vehicle and did not see plaintiff’s car.
Defendant struck the plaintiff’s stopped car in the rear causing plaintiff to be catapulted ten feet into the air. Plaintiff landed on the roadway and suffered a severely herniated disc at L4-L5 requiring him to wear a hard back brace at all times. Defendant claims plaintiff was responsible for the accident as plaintiff did not maintain any lights or warning that his car was stopped and encroaching into a traffic lane.
$250,000 Mediated Settlement
Plaintiff is a 54 year old woman who was exiting her motor vehicle when she slipped and fell on ice and snow in defendant’s parking lot. Plaintiff sustained a fracture of her left ankle requiring surgery. Defendant claimed that they plowed, sanded and salted the parking in a reasonable manner and furthermore plaintiff did not suffer any residual limitations from the injury and resulting surgery.
$200,000 Mediated Settlement
Plaintiff was a 26 year old male who died during a house fire occurring in Suffolk County. The defendant, who is the owner of the house admitted that she could not credibly testify the smoke detectors were operational as they were not checked regularly. Defendant home owner also admitted that the batteries used in the smoke detectors were never changed to her knowledge. Counsel for the defendant alleged that the plaintiff engaged in culpable conduct in the origin and subsequent spreading of the fire. Counsel also attempted to limit damages by emphasizing plaintiff did not have any dependents.
$175,000 UM Arbitration
Plaintiff is a 65 year old man who was injured when walking to his car parked on the street in front of a house he was visiting. Plaintiff was struck and knocked to the ground by an unidentified driver. Plaintiff reported the accident to the police and sought evaluation at the hospital. Plaintiff did not treat for one month after the accident as he was suffering from unrelated physical ailments. When plaintiff did seek treatment it was determined he suffered a torn ligament in his hip. Plaintiff’s doctor opined that the only remedy was surgery and plaintiff was not a candidate because of his COPD. Defendant contested the validity of the occurrence as well as the causation of the injury. Defendant cited the plaintiff’s previous injuries and accidents claiming his hip injury was a consequence of prior falls as well related to his history of arthritis.
Arbitration Decision – Chiropractic Treatment
Our provider treated the injured party for months prior to the IME. After services were denied, our provider continued treatment disagreeing with the findings. At the arbitration, we indicated our client’s SOAP notes revealed continued subjective complaints and objective evidence in the form of decreased cervical and lumbar ranges of motion, positive orthopedic tests, and muscle spasms.
The SOAP notes documented sufficient evidence that the injured party was still suffering from complaints in the cervical and lumbar spine post IME, as well as positive subjective findings. Upon the arbitrator’s review, it was determined that the post IME treatment was medically necessary.
Result: Our provider was awarded the full amount of the post-IME treatment.
Arbitration Decision – Chiropractic Treatment
The injured party was examined by the IME doctor several months after the motor vehicle accident and he reported continued tenderness throughout the cervical and lumbar spine regions. The IME doctor’s diagnosis of the injured party was ongoing sprain/strain. As the arbitrator reviewed the medical records an MRI was brought forth suggesting that the injured party’s spinal injury was more severe that a sprain/strain.
The study revealed a disc bulge at L5-S1, with ventral canal encroachment. In addition, electro diagnostic studies revealed evidence of bilateral radiculopathy at C8 and L5. These medical reports were prior to the IME and confirmed positive findings consistent with the complaints and positive findings set forth the provider’s examinations after the IME.
Result: Our provider was awarded the full amount of the post IME treatment.
Arbitration Decision – Physical Therapy
The injured party had complained of moderate low back pain with radiation down the right lower extremity to the knee. The neurological examination revealed hypoesthesia to light touch and pin prick at L4-S1 dermatomes. Our client’s diagnosis was lumbar radiculitis, lumbar disc displacement without myelopathy, and right knee derangement. The injured party subsequently submitted to an IME in which future no-fault benefits were denied as the injuries have been resolved.
The provider continued to treat the injured party and conduct examinations after the IME. The injured party was again diagnosed with lumbar radiculitis, lumbar disc displacement without myelopathy, and right knee derangement upon a follow-up examination. The injured party continued with physical therapy and trigger point injections as needed. Upon the arbitrator’s review of the medical records, the injured party had continuing complaints of pain and positive findings before and after the IME, which was sufficient to prove the post denial services were necessary.
Result: Our provider was granted the full amount of the claim.
Plaintiff was a 57 year old man who was driving a tractor trailer on a Suffolk County Road. Another motor vehicle pulled out from a parking lot onto the road and struck a third motor vehicle. In order to avoid this accident plaintiff swerved and struck several parked cars thereby sustaining injuries to his neck and back. The injury to his neck required extensive conservative treatment and ultimately a cervical laminectomy. The defendants claimed that if the plaintiff had is vehicle under control he could have avoided the accident without swerving. Defendants also claimed the plaintiff had previous injuries to his neck as well as multilevel degenerative cervical disc disease.