17-Year-Old Student Recovers $1,600,000 Settlement for Spinal Injuries After Car Crash

A 17-year-old student was a passenger in a car that was rear-ended by another vehicle. As a result of the crash, she sustained spinal injuries and had to undergo an endoscopic discectomy and a microdiscectomy for a herniated disc at the L4-L5 level. Represented by Block O’Toole & Murphy, she recovered a $1.6 million settlement.

COURT AND COUNTY

Supreme Court, Kings County

AGE AND OCCUPATION OF PLAINTIFF

Plaintiff was a 17-year-old student at the time of the accident and is currently 20 years old and employed as a security guard.

DESCRIPTION OF CASE

The case arose out of a motor vehicle accident that occurred on February 26, 2011, in Brooklyn, New York. The Plaintiff was a passenger in a vehicle that was struck in the rear by the vehicle owned and operated by the Defendants. The Plaintiff was granted summary judgment on the issue of liability.

DAMAGES

The Plaintiff sustained a herniation in her lumbar spine at the L4-L5 level as per MRI of April 5, 2011. She underwent a lumbar epidural steroid injection on April 25, 2011, and a minimally invasive L4-5 endoscopic discectomy on June 8, 2011. The Plaintiff further treated conservatively, undergoing physical therapy, chiropractic treatments and acupuncture until October 2011. She came under the care of an orthopedic spine surgeon who performed a L4-5 microdiscectomy on May 31, 2012. The surgery produced a positive outcome and the Plaintiff did not have any post-operative care other than five (5) follow-up visits to her surgeon and approximately eight (8) weeks of physical therapy. The defense experts opined that the Plaintiff did not suffer a traumatic injury and suffered only a lumbar sprain, that she has no objective residual findings of any injuries and no instability, atrophy, or weakness. They also felt that the MRI studies do not demonstrate a disc herniation and the surgery was not necessary.

SETTLEMENT

This matter was settled prior to trial for $1,600,000.

The case was handled by firm Partner Daniel P. O’Toole.