Virginia Lawyers Weekly VA Lawyers Weekly
The 53-year-old plaintiff was involved in an auto accident. Two days after the collision, she began developing headaches, forgetting things feeling out of sorts. A month later, she was diagnosed with a mild closed head injury caused by whiplash, but with an excellent prognosis. Over the following year the symptoms worsened. She was diagnosed with post concussion syndrome and reactive depression.
Neurocognitive testing performed some two years after the collision revealed declines in attention, learning, memory and executive functioning.
The defense engaged a neurologist to review the medical records and opine that she did not sustain a traumatic brain injury, and that her case is not typical of postconcussion syndrome or reactive depression.
In deposition, the defense neurologist who never examined or met the plaintiff opined that she was malingering and dishonest.
After testimony on the second day of trial by the treating neurologist and neuropsychologist, the case settled.
[09-T-181]Type of action: Personal injury
Injuries alleged: Mild traumatic brain injury and cervical strain
Name of case: Remer v. Griffin
Court: Fairfax Circuit Court
Case No.: 2008-1434
Tried before: Jury
Name of judge: Marcus Williams
Special damages: $19,355 medical expenses; no lost earnings
Verdict or Settlement: Settlement
Amount: $180,000
Date: Nov. 18, 2009
Demand: $240,000
Highest offer: $125,000
Most helpful experts: Mark TeKrony, MD PhD; Cynthia Sullivan, PhD; Marianne Talbot, PhD
Insurance carrier: Amica Mutual; Progressive
Plaintiff’s attorneys: Mark A. Towery, Chidi I. James and Peter S. Everett, Fairfax
