Location: Staunton, Virginia
Settlement: $700,000
Attorneys Derrick Walker and Courtney Winston secured a $700,000 settlement for their client from Staunton, Virginia who sustained an aggravated spinal injury after a low impact collision on I-81. In fact, the plaintiff was seen and treated for low back pain approximately one month prior to the accident. Following the crash, the plaintiff, a Philadelphia native, received medical treatment at the Temple University Health System for his cervical and lumbar spine pain.
After the plaintiff exhausted conservative treatment and interventional pain management, he subsequently underwent two procedures for his spinal injury – an anterior cervical discectomy with fusion (ACDF) and a lumbar spine laminectomy.
The case ultimately became a battle of the experts. The defense expert argued that the plaintiff did not sustain a surgical injury in the crash, while the plaintiff’s expert countered by describing the injury as an aggravation of pre-existing degenerative disc disease. This opinion was supported by the absence of radicular symptoms before the crash and the onset of radiculopathy afterward, indicating a clear worsening of the plaintiff’s condition.
The case was pending in the U.S. District Court for the Western District of Virginia, Harrisonburg Division when the parties reached a $700,000 settlement during mediation with Hon. Mike Gamble serving as the neutral.
