Virginia Lawyers Weekly//November 20, 2023
Virginia Lawyers Weekly//November 20, 2023//
Type of action: Personal injury, auto accident
Injuries alleged: Lumbar strain, traumatic compression fractures of the lumbar spine, chest wall contusion
Court: Hanover Circuit Court
Name of judge or mediator: Judge Walter P. Stout III (Ret.)
Verdict or settlement: Settlement
Attorney for plaintiff: John C. Shea and Tara A. Enix, Richmond
Description of case: The plaintiff was a 66-year-old male driver struck by an out-of-state driver. The defendant was in Virginia for work and was working within the scope of his employment at the time of the crash. The defendant ran a stop sign. The force of the impact thrust the plaintiff’s vehicle forward, eventually striking a tree.
Plaintiff suffered lumbar spine fractures and was unable to self-extricate from his vehicle. He was transported to Spotsylvania Regional Center. The plaintiff required a kyphoplasty procedure to repair his fractured spine. However, due to the blood thinners the plaintiff was prescribed, the procedure could not be immediately performed. The plaintiff had to be off his medication for four days before the procedure and was admitted to Spotsylvania Regional Medical Center for four days before undergoing the procedure.
Unfortunately, the kyphoplasty procedure did not alleviate the plaintiff’s back pain. He began seeing a pain management specialist who performed injections. The plaintiff continues periodic injections and must stop taking his blood thinner medication for four days before each injection.
The case settled at mediation, conducted with Judge Walter P. Stout III (Ret.).
The law firm for the plaintiff provided case information.