Driver of flat-bed truck injured in highway crash — $900,000 settlement

Type of action: Personal injury

Injuries alleged: Mild traumatic brain injury, PTSD, left rotator cuff tear and chronic cervical myalgia

Court: Norfolk Circuit Court

Tried before: Mediation

Name of judge or mediator: Judge Thomas S. Shadrick (Ret.)

Date resolved: 10/13/2023

Special damages: Past medical charges of $120,000; past wage loss of $200,000; future wage loss of $615,000; future life care plan of $1,300,000

Verdict or settlement: Settlement

Amount: $900,000

Attorneys for plaintiff: Robert C.T. Reed and Emily S. Smith, Richmond

Description of case: On March 11, 2020, the plaintiff was operating a flat-bed tractor-trailer on the highway when he was rear-ended by a corporate pickup truck. He initially went to urgent care and was diagnosed with a concussion and left shoulder injury.

A left shoulder MRI from 2017 showed that his rotator cuff was already 90% torn. A post-crash MRI showed that it was 100% torn. He underwent surgery to repair the fully torn rotator cuff. He also began seeing a physiatrist to address headaches, difficulty concentrating and neck pain.

One year after the crash, he underwent a neuropsychological examination that showed some effort variability and that he had no cognitive deficits below his expected function. The neuropsychologist diagnosed sub-clinical PTSD based upon emotional testing. He began seeing a counselor for the PTSD symptoms. He was unable to return to work as a commercial motor vehicle driver because he suffered panic attacks while driving.

Approximately two years after the collision, he saw an orthopedic about his ongoing neck pain, but his condition was not surgical and not well explained. In August 2022, he stopped treating for any of his conditions and had not had treatment for the year leading up to his October 2023 trial.

Plaintiff’s counsel retained Dr. Gregory O’Shanick, who evaluated the plaintiff and determined that he sustained a permanent mild traumatic brain injury and PTSD as a result of the collision. Everyone agreed that he could return to work from a concussion and orthopedic standpoint. O’Shanick opined that his PTSD prevented him from returning to work as a tractor-trailer driver. This significantly reduced his earning capacity due to his limited education and work skills.

The plaintiff had a recent conviction of obtaining money by false pretenses, which the defense was prepared to use to suggest he was not being truthful about his claims. The defense retained several experts to testify that the plaintiff did not sustain any injuries in the collision at all. The defense hired an orthopedic to testify that plaintiff’s shoulder surgery was for his pre-existing rotator cuff tear. They hired a neurosurgeon to opine that he did not sustain a traumatic brain injury or ongoing neck injury. They hired a neuropsychologist to perform neuropsychological testing that showed the plaintiff demonstrated no cognitive deficits. They also retained a psychologist who found that he did not suffer any mental health disorders at all. They were also prepared to call plaintiff’s treating neuropsychologist at trial to testify that his neuropsych. exam showed no cognitive deficits one year after the crash.

A mediation two months before trial was unsuccessful, but the parties were able to resolve the matter for $900,000 just before a four-day trial.

Plaintiff’s counsel Robert C.T. Reed provided case information.

[023-T-223]