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Home / Verdicts & Settlements / Settlement for quadriplegic is third-largest reported to VLW — $3.8 million settlement

Settlement for quadriplegic is third-largest reported to VLW — $3.8 million settlement

Workers’ Compensation

Type of Action: Workers’ compensation

Injures: Quadriplegic 

Special Damages: Expected permanent total disability and entitlement to lifetime medical benefits including home health care

Verdict or Settlement: Settlement

Amount: $3,800,000

Date of Settlement: 2020

Attorneys for Plaintiff: Andrew Reinhardt, Stephen Harper and Craig Davis, Richmond 

Description of case: Claimant is a 30-year-old incomplete quadriplegic as a result of a fall to a concrete floor from the upper level of a home construction site. The claimant now lives with his mother in a rental house. He filed a claim to obtain 24/7 home health care. Due to the pandemic, all of the parties including the claimant, the carrier, the excess carriers, the lawyers and the annuity experts convened by WebEx to hold a mediation conference over the course of two days. As a result of the mediation, the parties were able to successfully resolve the case for $3.8 million. Because the claimant is receiving Social Security Disability and Medicare, a portion of the settlement includes the funding of a CMS-approved Medicare Set Aside with a cost of $1.5M.  Following settlement, the settlement proceeds will be placed in a special needs trust, or SNT. Because of the SNT, claimant will become eligible for both SSI and Medicaid. With the upfront settlement proceeds, the claimant plans to purchase a home and a handicap equipped van. Claimant will also receive monthly checks for life funded by an annuity to cover his ongoing personal needs. Counsel have also retained an attorney in his new home state to assist him with seeking to have Medicaid pay for a portion of his home health care needs. The settlement will allow claimant to have a much better quality of life in his new home state. The settlement is believed to be the third largest workers’ comp settlement ever reported to Virginia Lawyers Weekly.