Personal Injury Trial Report - Auto Accident

NATURE OF CASE:

Motor vehicle negligence.

INJURIES ALLEGED:

Exacerbation of pre-existing, long-term chronic lower back pain, resulting in decompressive laminectomy at L4-L5 bilaterally with posterolateral fusion at L4-L5

NAME OF CASE:

Withheld.

AMOUNT OF SETTLEMENT

$250,000.00

ATTORNEYS FOR PLAINTIFF:

Eric J. Parker, Susan M. Bourque, PARKER | SCHEER, LLP Boston.

MEDIATOR:

Brad Honoroff. The Mediation Group, Brookline, MA

ATTORNEY FOR DEFENDANTS:

Withheld.

OTHER USEFUL INFORMATION:

On October 18, 2002, the plaintiff, a 61 year old female, was the restrained operator of a motor vehicle traveling Southbound on Concord Street in Framingham, Massachusetts. As the plaintiff proceeded straight on Concord Street, the Defendant, operating a commercial van, cut directly into the plaintiff’s path of travel and struck her vehicle. The force of the collision resulted in a “roll-over” of the defendant’s vehicle, and significant damage to the plaintiff’s vehicle.

Police issued a citation to the defendant for failing to yield to the plaintiff’s right of way.

The plaintiff immediately reported severe neck and back pain and returned home to rest. Over the following days, the pain increased and the plaintiff developed sciatic pain on her right side.

A complicating factor for the plaintiff was a well-established pre-exiting chronic back condition, involving sciatic pain radiating down her left lower extremity and a medical history which included a prior back surgery fifteen years earlier. The plaintiff was, however, fully functional prior to the subject MVA, and was able to complete a two week European vacation with her husband just weeks before the accident.

Following the incident the plaintiff was unable to work full-time due to severe back pain, and unable to lift heavy objects, stand, sit, or drive for prolonged periods - all of which were daily demands of her job. On the advice of her treating physicians, the plaintiff underwent decompressive laminectomy at L4-L5 bilaterally with posterolateral fusion at L4-L5, and ultimately experienced a favorable medical result.

A medical lien of approximately $70,000 was resolved for $35,000.

The case was settled during litigation, following one full day of mediation.

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