On June 6, 2019, after a 4 day trial before Judge Michele Varricchio of the Court of Common Pleas of Lehigh County, and despite a stipulation of liability and that Plaintiff did sustain a neck strain, a jury awarded zero damages. Plaintiff allegedly suffered a concussion, post-concussion syndrome, and a traumatic brain injury with permanent residuals. Plaintiff boarded specials of approximately $1.35 million for future medical treatment, past wage loss and loss of future earning capacity. Plaintiff rejected Defendant’s settlement offer of $100,000.00. Plaintiff’s lowest settlement demand was $550,000.00.
As Defendant testified that he rear-ended Plaintiff at a speed of 25 mph, liability was not disputed. Plaintiff did not complain of pain or injury at the scene. Later that day, she presented to the ER with complaints of neck discomfort and headache. Plaintiff was diagnosed with a neck strain and released. A few days later, Plaintiff sought treatment with a chiropractor for neck pain and concussion-like symptoms. Eight (8) days following the accident, Plaintiff returned to the ER and reported a wide range of complaints consistent with post-concussion syndrome. Thereafter, Plaintiff treated extensively at the LVHN – Concussion & Head Trauma Program and with physical therapy, occupational therapy and vision therapy tailored for post-concussion symptoms. Due to complaints of dizziness, memory loss, lack of focus, headaches, etc., Plaintiff was out-of-work from her position as a middle school, special education teacher for six (6) months. Upon her return to work, Plaintiff was given accommodations, including, frequent breaks and working only 4 days per week.
Plaintiff’s two (2) experts, Dr. Brian Greenwald, MD, a brain injury specialist, and Dr. Richard Schuster, PhD, a vocational and medical cost expert, each opined that Plaintiff’s ongoing concussion symptoms were permanent and would prevent Plaintiff, who was only 33 years old, from continuing to work as a teacher in the future.
Plaintiff also presented the testimony of 2 “injury witnesses,” Janice Oren and Tim Abell, who testified regarding their personal observations of Plaintiff’s post-accident behavior and concussion symptoms. The defense stressed to the jury that these witnesses were close, personal friends who would be expected to provide Plaintiff with their testimony and support.
The defense disputed the concussion/brain injury claims with the credible and persuasive testimony of Dr. Victor Malatesta, PhD, a neuropsychological expert. In addition, the defense presented the testimony of Dr. Steven Gumerman, a vocational expert.
