Confidential
Settlement – $950,000Facts
On Jan. 10, 2003, the plaintiff, a 43-year-old medical assistant, underwent a nerve root block injection by the defendant which resulted in a spinal cord injury when the defendant negligently administered an injection into the plaintiff's spinal cord.
Settlement Discussions
The plaintiff demanded $1 million (policy limits). The defendant initially offered $600,000 and eventually increased this to $950,000, which the plaintiff accepted.
Specials in Evidence
$105,881 $69,000
Damages
It is anticipated that the plaintiff will never be gainfully employed for the remainder of her lifetime.
Injuries
The plaintiff sustained injury to her spinal cord. She continues to have severe weakness of the right hand extremity. There is clawing of the right hand and she has difficulty using her intrinsic hand muscles; there is atrophy of the hand and forearm muscles resulting in poor ability to use most of the muscles of the right upper extremity, more distally than proximally. The plaintiff needs to be under the care of a neurologist for her neurological deficits, needs to be in a pain management program, requires psychological support to assist her in dealing with her impairments and disability, needs medications and ongoing physical and occupational therapy due to the progressive nature of her weakness. She also suffers from severe depression, anxiety and mental anguish due to the injuries that she sustained and the impact they have had on her physically, emotionally and financially.
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