Pedestrian Obtains $796,839 Settlement After Being Struck by SUV Causing Numerous Fractures and Three Surgeries

On 11/12/2019, Plaintiff was T-boned on the driver’s side by another driver who pulled out from a stop sign and failed to yield the right of way to Plaintiff’s approaching vehicle.  Client sustained a herniated disc at L4-5 and had two unsuccessful back surgeries and a lumbar spinal cord stimulator implant.  Client incurred $445,000 in medical bills and $55,000 lost wages.  Client had a prior back surgery two decades ago and claimed to have no subsequent back problems since until her auto accident in November 2019.  Prior to the accident, Plaintiff was going to a vein doctor for varicose veins but the records said Plaintiff had symptoms of heaviness and tingling and other symptoms in the legs that were not improving.  Plaintiff’s first visit was to an Urgent Care nine days after the accident with complaints of neck pain and headaches.  Plaintiff’s next visit was about ten days later with an additional complaint of back pain.  The defense neurosurgeon report stated that Plaintiff had classic lumbar stenosis symptoms before the accident that was the main cause of the back pain but agreed that the herniated disc and one lumbar surgery was related to the MVA.  He did not believe that one surgery and the spinal cord stimulator was warranted or related to the auto accident.  Plaintiff’s neurosurgeon would have testified that both surgeries and the spinal cord stimulator implant were caused by the auto accident.  The case settled after a lawsuit was filed, a failed mediation and after experts were identified with their written opinions.