Plaintiff sustained lifelong complications after accident — $435,000 settlement

Type of action: Personal injury, auto accident

Injuries alleged: Nondisplaced avulsion fracture of the lateral epicondyle; carpal, cubital and radial tunnel syndrome; medical epicondylitis and left wrist tenosynovitis 

Name of case: Widmer v. Gross

Court: Loudoun County Circuit Court

Case no.: CL00116411-00

Date resolved: 7/28/2022

Special damages: $121,170

Demand: $479,000

Offer: $435,000

Verdict or settlement: Settlement

Amount: $435,000

Attorneys for plaintiff (and city): Demetry Pikrallidas, Ryan Probasco and Ida Rezvani, Fairfax

Description of case: On Aug. 9, 2016, the plaintiff, who was stopped in traffic, was violently rear-ended by the defendant’s vehicle on Bartholomew Fair Drive in Loudoun County. The defendant had lost control of his vehicle when coming upon stopped traffic and elected to swerve at the last minute to avoid the vehicles in front him, striking plaintiff’s stopped vehicle in the process. Negligence was admitted.

The plaintiff treated initially with Dr. Frederick D. Scott, Jr. who believed the plaintiff had suffered a nondisplaced avulsion fracture of the lateral epicondyle. Dr. Scott also diagnosed the plaintiff with carpal, cubital and radial tunnel syndrome, along with medial epicondylitis and left wrist tenosynovitis. After failure of conservative care, Dr. Scott performed a performed a left cubital tunnel transposition and medial epicondyle debridement with a tendon reattachment.

The plaintiff’s postsurgical care was complicated, and her pain was not entirely relieved by the surgery. The plaintiff sought a second opinion on her injuries from Dr. Subir S. Jossan, who opined that she had suffered not only injuries to her left upper extremity but to her cervical spine as well which were confirm via neurological testing. Despite further conservative care over five months, the plaintiff’s left wrist tendinitis remained symptomatic, and she underwent a first dorsal compartment release of the extensor tendons of the left wrist. Conservative treatment continued to include physical therapy for neck as well as intermittent injections of steroids into the left CMC joint, and left wrist joint. These conservative measures stopped decreasing the plaintiff’s symptoms and after repeated MRI scanning of the wrist, she underwent a left CMC arthroplasty of the thumb. The plaintiff also treated with Dr. Joseph Watson who concurred with Dr. Jossan and believed the crash had aggravated her underlying and asymptomatic cervical disc disease, leaving her with a lifelong permanent problem of C2-C3 facet joint disease. Dr. Watson did not consider her a viable surgical candidate and opined that the plaintiff required future physical therapy, facet injections, and facet denervation procedures, and lifelong arthritis relief medication.

Demetry Pikrallidas, plaintiff’s attorney, provided case information.

[022-T-125]