Liability was not contested in this accident case. Defendant, who was not wearing her prescription glasses, had a stop sign and made a left turn initiating impact. Plaintiff’s vehicle did not have any traffic control device. Plaintiff’s lowest settlement demand in this rotator cuff surgery case was $170,000.00. Defendant’s settlement offer was $95,000.00 which noted a medical lien of $8,624.85. No other special damages were alleged. After a recent 3 day jury trial, a Lackawanna County jury awarded the Plaintiff $22,624.85.
The treatment records and testimony revealed that after physical therapy, conservative measures and injections failed, Plaintiff underwent a right shoulder rotator cuff repair. There was no evidence of any prior injury, treatment or discomfort in the right shoulder. Plaintiff was administered additional injections and underwent several further rounds of therapy post-surgery. Plaintiff’s expert, who also performed the surgery, opined that the rotator cuff tear was caused by the accident. On cross, he conceded that the tear was small. As reflected in his treatment records, Plaintiff admitted that his right shoulder was back to 90%. Pursuant to a Physical Capabilities form prepared at the request of Plaintiff’s counsel, Plaintiff’s expert had released Plaintiff to lift with the right shoulder up to 20 lbs. on a frequent basis and, more importantly, up to 100 lbs. occasionally. The defense medical expert opined that the rotator cuff tear was degenerative and pre-existing.
Plaintiff retained a 2nd medical expert, addressing the cervical spine only, who opined that the accident caused 2 cervical disc hernations which were treated with three (3) injections and physical therapy. There was no evidence of any pre-existing neck condition, injury, treatment or complaints. The defense aggressively attacked the finding of the herniations. It was noted that the initial radiologist found mild disc protrusions, not herniations. The defense medical expert detailed the differences between protrusions and herniations. The defense medical expert identified pre-existing, age-related cervical protrusion that were not caused by trauma. Further, there was another treating physician who also described the cervical MRI as revealing only protrusions.
It was clear that the primary injuries were to the right shoulder and the neck. Nevertheless, Plaintiff’s counsel further argued that Plaintiff sustained a serious left shoulder injury. This argument was belied by Plaintiff’s own expert who testified that left shoulder injury was only a minor sprain. Moreover, Dr. Tracy testified that the left shoulder complaints had resolved, for the most part.
Throughout the trial, the jury was reminded that the impact was mild. Furthermore, photographic evidence demonstrated only scratches and minimal damage to Plaintiff’s passenger side hubcap.
