In January 2009, the plaintiff, a twenty year old male, was operating his automobile on a main roadway when he was struck, broadside, by a second vehicle that had violated a stop sign. The force of the impact caused the front airbags to deploy and emergency personnel were called to the scene.
The plaintiff was taken to a nearby hospital and was initially diagnosed with cervical soft tissue injuries. He was discharged home, but when his pain grew worse, he presented to a Boston hospital where he underwent further diagnostic testing. The testing revealed that the plaintiff had sustained a non-displaced C4 fracture.
The plaintiff was admitted to the hospital for one night because of poor pain control and was fitted for an Aspen collar which he was advised to wear for six months. The plaintiff was disabled from his work delivering furniture for a like period.
The plaintiff was eventually cleared by his neurosurgeon to begin a course of physical therapy and underwent physical therapy for several months. The plaintiff also underwent a course of chiropractic care with good results. Both therapies were successful in minimizing his pain and increasing range of motion in his neck.
The defendant countered that the plaintiff’s injuries had healed well and relatively quickly, with no complications or deficits, and his own treating physicians had confirmed his full recovery.
The case was settled following one full day of mediation.
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