Sean Buggy obtained a very favorable jury verdict in Northampton County, Pennsylvania. Liability was not disputed in this rear impact collision. Plaintiff was limited tort.
Plaintiff testified that struck her head on the steering wheel and was bleeding from the mouth and nose. She was taken by ambulance to the ER at St Luke’s Hospital for a headache, light sensitivity, nausea, and pain in the right ankle, shoulders, back and neck. A few days later, Muhlenberg Lehigh Valley diagnosed a concussion. Plaintiff treated extensively at the HAM Concussion Clinic. Plaintiff testified she was out-of-work for six (6) months as a teaching assistant for the Bethlehem School District. Plaintiff alleged a wage loss of $15,223.00. Plaintiff alleged ongoing symptoms of headache and blurred vision. Plaintiff testified to treatment with a Dr. Acevedo for the cervical spine who administered approximately 25 trigger point injections. The injection therapy was ongoing. Plaintiff’s medical expert, Dr. Robert Mauthe, opined that Plaintiff had sustained a concussion and that her condition was permanent. Plaintiff’s adult son testified in support of his mother’s injuries and the impact on her daily activities.
Defendant’s medical expert, Dr. Richard Bennett, testified that plaintiff fully recovered from any injuries and she did not require further treatment, testing or restrictions. Plaintiff was working full-time without restrictions. Her neurological exam was normal. There was no evidence of any concussion or post-concussion syndrome. The expert testified that “if” plaintiff had sustained such a concussion, she had long since recovered. Dr. Bennett was emphatic that there was absolutely no indication for trigger point injections which he described as excessive and totally unnecessary. Further, Dr. Bennett testified that it can be extremely difficult to separate and distinguish between Plaintiff’s pre-existing migraine headaches and concussion symptoms. A CT of the brain was normal. Two MRI tests of the cervical spine were essentially normal and did not reveal any obvious trauma. An EMG test of the cervical spine was normal.
Plaintiff’s demand was the policy limit of $100,000.00. During the trial, the Judge recommended a settlement of $50,000.00. A settlement offer of $37,000.00 was repeatedly rejected. The jury rendered a verdict of $10,130.00 for economic damages only. The jury did not find that the plaintiff had a serious impact of a body function and therefore there was no award for pain and suffering.
Questions regarding this trial can be directed to Sean Buggy, Esquire.
