Settlement: $3,100,000
In June of 2017, our client was traveling with his family from North Carolina to Williamsburg, Virginia for a vacation. They were driving north on Interstate 95. At the same time, a pick-up truck and tractor-trailer were driving south on Interstate 95. Although it was hotly contested how the initial collision occurred, the tractor-trailer rear-ended the pick-up truck sending the pick-up truck out of control across the grassy median and into the northbound travel lanes of Interstate 95, where it collided head-on with our client’s vehicle.
Our client, who was 15 years old at the time, was seated in the back seat of his mother’s vehicle. Although the damage to the vehicles was substantial, only the driver of the pickup truck required immediate medical treatment. Our client did experience some neck pain, but he and his family continued to Williamsburg to attempt their vacation.
Our client’s neck pain continued, and he first sought chiropractic treatment six weeks after the crash. The chiropractic treatment was not effective, and he was next seen by an orthopedic surgeon in January 2018. At that point, he was reporting numbness in his left hand and neck pain that radiated into his left shoulder. The surgeon ordered an MRI which showed healed compression fractures, myelomalacia (softening of the spinal cord), and kyphosis (excessive rounding at the upper back).
The orthopedic surgeon believed, given the plaintiff’s age and relatively stable presentation, that surgery should be put off until his symptoms worsened. Our client consulted with a neurologist and neurosurgeon to monitor his condition, and for the next year his symptoms were relatively stable.
Then in March of 2019, our client began experiencing falls and worsening gait. He went to the emergency room to be evaluated and was quickly admitted for surgery. Surgeons fixed damaged discs, which included partial removals, fusions, and repairs. Specifically, he underwent an anterior and posterior cervical discectomy and fusion from C4-T1 and a posterior cervical laminectomy at C5 and C6. Following the surgery, the plaintiff endured extensive physical and occupational therapy. He continues to experience lower extremity spasticity.
While all of the parties agreed that the plaintiff’s injuries were caused by the crash, both defendants claimed that the other caused the initial collision. The defendants also retained a life care planner and medical experts who contested virtually every aspect of our client’s future damages.
Attorneys Jason Konvicka and Lee Appleton mediated this case one week before trial, resulting in a confidential settlement for $3,100,000.00.