Virginia Lawyers Weekly VA Lawyers Weekly
The plaintiff, age 56, suffered an upper cervical fracture and mild brain injury in a motor vehicle collision. The plaintiff underwent cervical fusion surgery but continued to have pain post-surgery.
Plaintiff’s neurosurgeon referred the plaintiff to a physiatrist, who prescribed a regimen of steroid injections and medications to manage her chronic pain.
Several months after cervical surgery, the plaintiff continued to complain of memory loss and problems with concentration and attention. She was eventually diagnosed by a neurologist as having suffered a mild traumatic brain injury.
The defense experts, a neurologist, psychiatrist and neuropsychologist, all took the position that the plaintiff had not suffered a brain injury in the collision and that her cognitive problems were all a result of a pre-existing narcotic dependence, developed as a result of unrelated gastrointestinal issues.
This case settled shortly before trial.
[10-T-163]Type of action: Motor vehicle collision
Injuries alleged: Cervical fracture, mild brain injury
Name of case: Confidential
Special damages: Medical expenses – $176,489; lost wages – $61,512; contested future medical expenses and future lost wages
Verdict or Settlement: Settlement
Amount: $1,510,000
Plaintiffs’ experts: Neurosurgeon; neurologist; psychiatrist; and others
Defendants’ experts: Neurologist; psychiatrist; neuropsychologist; and others
Plaintiff’s attorneys: Irvin V. Cantor, Stephanie E. Grana and Elliot M. Buckner, Richmond
