Date of Settlement: May 31, 2012
Court: Supreme Court, Westchester County
Age/Occupation: Plaintiff, 31 year old professional was involved in a MVA on September 4, 2008.
Case Facts: The motor vehicle accident occurred while Plaintiff was stopped at a traffic light and was rear ended in Westchester County by a vehicle that was traveling at a moderate speed. The vehicle involved in the accident was owned by the defendant, a local hospital.
At the time of the accident the injured Plaintiff was a professional working in New York City earning a significant yearly salary. The instant accident was caused when the defendant failed to notice Plaintiff’s vehicle stopped at a stoplight on a parkway in Westchester County.
Our client became disabled from work as a result of the accident. Plaintiff suffered bulging disks at L5-S1 and L4-L5 levels, she also suffered from L4-L5 radiculopathy as shown by positive EMG.
Plaintiff exhausted all conservative treatment including epidural steroid injections into her lumbar spine, cervical medial branch blocks, trigger point injections and optical nerve block injections.
Eventually, Plaintiff required surgical intervention including a diskectomy, laminectomy and lumbar fusion. The defendant in this case claimed that all of Plaintiff’s injuries were from a pre-existing degenerative condition.
The case was settled in-part by mediation before the Honorable Deblaze by Joseph E. O’Connor, Esq and the Plaintiff was awarded $2,250,000.00.