On September 21, 2007, Plaintiff, 31, a glazier, was driving on the eastbound side of New York’s Throgs neck bridge, which joins Queens and the Bronx. The plaintiff stopped when he encountered a vehicle whose driver was executing a U-turn. Before the plaintiff could resume travel, his van’s rear end was struck by a trailing car that was being driven by the defendant. The impact was one of several that occurred during the course of an accident that involved a lone of five vehicles.
The Plaintiff was placed in an ambulance, and he was transported to Flushing Hospital Medical Center, in Queens. He claimed that he was suffering pain that stemmed from his back and neck. He underwent minor treatment.
The Plaintiff ultimately claimed that he sustained a compression fracture of his T11 vertebra and herniation of his L3-4, L5-S1 intervertebral discs. The herniation were initially deemed bulges, but the diagnosis was revised in August 2011.
The Plaintiff also claimed that he sustained trauma that produced bulges of his C5-6 and C6-7 discs. He claimed that his herniation and bulging discs caused impingement of spinal nerves and resultant radiculopathy. He further claimed that he suffered a severe residual diminution of his spine’s range of motion.
The Plaintiff underwent chiropractic manipulation, but he claimed that he experienced ongoing pain. During a period that spanned July 2009 and October 2009, he underwent administration of epidural injections of steroid-based painkillers. The injections were directed to his cervical and lumbar regions. On September 11, 2012, the Plaintiff underwent surgery that include a laminectomy — which involved excision of portions of vertebrae – fusion of his spine’s L3-4, L4-5 and L5-S1 levels, and the implantation of stabilizing hardware. On April 15, 2014, he underwent follow-up surgery that addressed the spine’s lumbar region.
The Plaintiff claimed that his back and neck remain painful, that his back’s pain radiates to his right le, that his pain is permanent and necessitates his use of prescribed painkillers, that he suffers residual erectile dysfunction, that he experiences recurrent spasms, that he suffers chronic residual headaches, that he remains a limp, and that he requires use of a cane and a brace that supports his back. He also claimed that he cannot endure prolonged periods in which he is seated, that he cannot endure long walks, and that he requires assistance of many basic tasks, such as tying his shoes. He further claimed that his residual effects prevent his resumption of work. The plaintiff’s treating neurosurgeon submitted a report in which he opined that the plaintiff requires administration of epidural injections of steroid-based painkillers.
The plaintiff sought reimbursement of medical-expenses liens that totaled $288,312.53. he also sought recovery of future medical expenses, a total of $1,129,565 for past and future lost earnings, and unspecified damages for past and future pain and suffering. His wife presented a derivative claim.
The parties negotiated a pretrial settlement of $1,660,000.
