Vehicle-Pedestrian Collision Settles for $3.3M
A person walking down a sidewalk does not expect to get hit by a vehicle; however, that is just what happened to Bob Byrne’s client in Charlottesville, Virginia. The likeable and sympathetic defendant was driving a pickup truck on the street, and experienced an allegedly foreseeable medical event that caused a loss of consciousness. The defendant’s truck veered off the street, onto the sidewalk, and struck Mr. Byrne’s client, briefly pinning him against a tree.
The client complained to EMTs of shoulder and arm pain and was taken to the hospital. After evaluation in the emergency department, he was released that same day. He was diagnosed and treated for soft-tissue arm and shoulder injuries. In the weeks following the crash, the client complained of a number of problems, namely to his shoulder, arm, and neck, as well as anxiety from the collision.
One of the challenges in this case, besides the very likeable defendant, was that in the decade before the crash, the client consistently and repeatedly complained about neck pain and associated radicular symptoms stemming from two earlier car crashes. He had consistent treatment for his neck problems during this time and even had two prior neck surgical consultations. While his prospective surgeons noted that he had moderate to severe central stenosis at his C6-C7 levels before this collision, they declined to operate because Plaintiff did not have myelopathy, or impingement of the spinal cord. As a result, the prospective surgeons advised against C6-C7 surgery even though Plaintiff found his neck condition to be potentially disabling.
Two months after the collision, Mr. Byrne’s client visited the emergency department complaining of difficulty walking. Emergency room physicians determined that his condition had progressed and that he now suffered from myelopathy. Physicians determined it was necessary to perform an emergency ACDF surgery at the C6-C7 level. The surgery was performed.
The biggest hurdle in the case dealt with differentiating the client’s moderate-to-severe central stenosis that existed before the collision from the severe central stenosis and myelopathy that arose after the collision. Mr. Byrne came to Focus Graphics to create a number of illustrations that compared the client’s before and after MRI imaging. Focus Graphics helped highlight the subtle differences in the MRI imaging, and their illustrations helped the medical experts explain how those subtle visual differences had dramatic functional consequences for the client. Focus Graphics also provided helpful illustrations showing his shoulder injuries and the ACDF procedure that was completed.
The case settled shortly after an attempted mediation. State Farm paid the available insurance coverage limits of just under $3M, and the individual defendant made an additional personal contribution of $362,500, for a total settlement amount of close to $3.36M.
“Though we were able to get this case settled on excellent terms, the client’s severe pre-existing neck condition and symptoms presented major challenges. Seton and the Focus Graphics team provided powerful illustrations to distinguish the complicated pre-existing conditions from the new injuries. Not only did the team help visualize how my client’s anatomy changed, but they also provided strategic insight about what injuries to emphasize, how best to emphasize those injuries, and how not to clutter or overdo our illustrations and demonstrative exhibits. I appreciate both their outstanding work product and the wisdom, insight, and efficiency they utilized throughout the process.”
~Bob Byrne, Esq., Charlottesville, VA | MartinWren Law
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