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Location: New Kent, Virginia
Injuries: Orthopedic Injuries
On September 13, 2020, the plaintiff, a 56-year-old woman from New Kent County, was out driving when the defendant struck her. It was a T-bone collision, and no airbags were deployed. The defendant admitted liability, and the case went to trial on the issue of damages only.
During the accident, the plaintiff jammed her left knee into the dashboard. This resulted in a contusion type dashboard injury. Her sister-in-law rushed the plaintiff from the collision scene directly to the emergency room. In the days following the incident, the plaintiff developed pain in her lower back and her left hip.
The initial treatment for the left knee, lower back, and left hip injuries was physical therapy, lasting roughly three months. Shortly after her physical therapy was completed, the plaintiff began a course of sacroiliac joint (SI) injections, as well medial branch blocks and ultimately, radiofrequency ablation. These treatments aided her in handling the persistent pain in her lower back and left hip. Following a two-year gap in treatment, the plaintiff received a cortisone injection in her left knee due to continuing pain.
Dr. Scott Kling testified by video deposition in support of the plaintiff’s medical treatment. He endorsed the relation of the injury and further testified that though the hope was that the cortisone injection would eliminate the pain in the plaintiff’s knee, there was a possibility that the resolution of the pain was only temporary and would return.
Dr. Robert Winfield testified by video deposition in support of the plaintiff’s medical treatment for her lower back and left hip. He testified that the plaintiff suffered an aggravation of previously asymptomatic degenerative disc disease in her lower back and an injury to her sacroiliac joint in the collision. He endorsed all the treatment received by the plaintiff to the date of trial as related to the injuries she sustained in the collision. Dr. Winfield further testified that though it was “very difficult to say,” the plaintiff would likely suffer from pain in her lower back and left hip (related to the collision) for the rest of her life.
At trial, J.J. Siegner and Bradley Kent represented the plaintiff. The defense focused on the gap in treatment for the plaintiff’s left knee, and the fact that the injury to her lower back was an aggravation of pre-existing degenerative changes.
The plaintiff’s total medical bills claimed in the case amounted to $55,395.75. There was no wage loss claim made. The last offer from the defendant was $101,750.00.
After one day of trial and deliberation, the jury returned a verdict in favor of the plaintiff in the amount of $235,000.00 plus interest on the medical specials from January 1, 2021, meaning that over $242,600 was ultimately recovered from insurance. State Farm was the insurance carrier and has paid the judgment.