Woman struck by car, thrown into brick wall — $3.5M settlement

Type of action: Auto accident

Injuries alleged: C1 fracture; fractures involving left superior and lateral orbital walls; left zygomatic arch fracture; fracture involving left temporal bone; right sacrum fracture; subarachnoid hemorrhage involving right and left temporal lobes; scattered subarachnoid hemorrhages in the right temporoparietal region; right posterior subdural hematoma; edema of the corpus callosum; right L5 transverse process fracture; unconscious and on a ventilator for eight days; short-term memory loss; left hemiparesis; impaired cognition; impulsivity; decreased mobility; fatigue; speech difficulties; left facial paresthesia; vision issues; anxiety and post-concussive disorder

Special damages: Incurred medicals of $426,000; lost wages of $153,000; future loss of earning capacity totaling $2,433,615

Date resolved: 9/20/2023

Verdict or settlement: Settlement

Amount: $3,500,000

Attorney for plaintiff: Stephanie E. Grana, Richmond

Description of case: On Dec. 22, 2021, plaintiff, age 40, parked her car and exited her vehicle to shop at a Whole Foods in Arlington. Simultaneously, defendant was making a turn onto that same street, improperly accelerated, lost control of his vehicle and crashed into plaintiff’s car. The impact was so forceful that plaintiff was thrown into a brick wall and sustained life-threatening injuries.

Plaintiff had visible head injuries and was hospitalized in the trauma ICU. She remained unconscious, unresponsive, and on a ventilator through January 2022. Plaintiff awoke and was able to follow commands in January. She was transferred to the ICU, then a step-down unit, and then, inpatient rehab – needing to relearn how to talk and walk.

In mid-February, plaintiff was able to be discharged to her parents’ home for scheduled outpatient care with multiple medical specialists across Virginia. Her treatment included PT, OT, orthopedic care, speech therapy, psychotherapy for anxiety and depression, PM&R, vision therapy, monitoring of her traumatic brain injury, cardiology follow up, sleep studies and dental care. She was unable to live alone, could not return to her federal government job in financial management and was unable to drive.

As of mid-2023 and following a lot of medical follow-up care and perseverance, plaintiff was able to rent a new apartment, regained her driver’s license, and returned to her job on a limited basis. Plaintiff’s family described her as having a different personality – almost robotic, more naïve and prone to uncontrollable fits of laughter. Although plaintiff has made great strides in her recovery, she describes herself as being more anxious, less independent, wanting to avoid crowds and social situations, more easily fatigued, requiring timelines and routines so as to not forget tasks and lacking in self-confidence.

Plaintiff’s experts included: PM&R, orthopedic sports medicine, LCSW, neuropsychology, neuro-optometry, a nurse case manager, vocational rehabilitation, and her work supervisor.

The case settled once State Farm tendered its policy limits.

Stephanie E. Grana, counsel for the plaintiff, provided case information.

[023-T-231]