$300,000 RECOVERY – Plaintiff passenger in mother’s car which is struck in rear and propelled into vehicle in front – Thoracic fracture – Kyphoplasty involving insertion of balloon – Lumbar herniation – Anterior Lumber Fusion
Monmouth County, NJ – This action was brought by a plaintiff in her late 20’s who was a passenger in her mother’s car that was struck in the rear and propelled into the vehicle in front. The plaintiff contended that she suffered a T11 thoracic compression fracture without retropulsion that required a kyphoplasty (an arthroscopic procedure with the insertion of a balloon and cementing of the spine). The surgery provided significant relief and the plaintiff admitted to making a full recovery from this injury.
The plaintiff also contended that the she subsequently developed radiating lumbar pain and approximately a year after the accident a lumbar MRI showed evidence of an annular tear at L5-S1 and evidence of asymmetric disc bulging to the left, also at L5-S1. The plaintiff maintained that when less invasive measures were inadequate, she underwent an anterior lumbar discectomy, implantation of intervertebral prosthesis, and anterior lumbar fusion followed by same day staged minimally invasive posterior instrumentation and fusion at the level of L5-S1. The plaintiff contended that although she obtained significant relief, she still has pain and will nonetheless suffer permanent symptoms.
The evidence disclosed that approximately a year prior to this accident the plaintiff had undergone an anterior cervical corpectomy and instrumented fusion of the cervical spine as a result of a motorcycle accident. The plaintiff, who made short term cervical complaints after the subject accident, did not contend that she suffered a permanent aggravation.
Plaintiff did receive PIP income continuation but also claimed an excess income loss totaling $5,679.75 and out of pocket medical expenses of $4,488.39.
The defendant had a $500,000 single limit policy for which there were other claimants both for property damage and personal injuries as a result of this multi-vehicle collision. The case settled prior to trial for $300,000 in a mediation before the Hon. Robert Feldman, JSC Retired.
REFERENCE
Pettit vs. Neebe., MON-L-2501-12
Attorney for plaintiff : Randolph H. Wolf of theWolf Law in Red Bank, NJ.
Plaintiff’s treating Orthopaedist: Ramil Bhatnagar, M.D. Toms River, NJ