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Verdict affirmed for non surgical spinal injuries
1.
2. By John Hochfelder on July 22, 2012 Posted in Back Injuries, Neck Injuries
On June 15, 2006, at about 2:30 p.m., Cornelius James was walking on the sidewalk at
West 66th Street between West End and Amsterdam Avenues in Manhattan. Two cars
collided and one car mounted the sidewalk and struck the pedestrian.
Mr. James, a 31 year old attendant at a blood bank, was thrown eight feet into the air,
bounced off the car’s hood and landed on the ground. He was taken by ambulance
to the local emergency room where he complained of pain in his neck and back, was
given anti-inflammatory medication and released after eight hours.
3. Four days later, Mr. James followed up with a physiatrist (a specialist in the field of
trauma and rehabilitation medicine) who diagnosed radicular nerve pain, 50% reduced
spinal range of motion and reduced muscle power.
MRI tests a month later disclosed significant injuries to 12 spinal discs – herniations at
T1-T5, bulges at C3-C7 and bulges at L1-L5.
In the ensuing Bronx County lawsuit, both drivers were found to be at fault and
Mr. James was awarded pain and suffering damages in the sum of $800,000 ($300,000
past – 3 years, $500,000 future – 30 years). The verdict has now been affirmed in James v.
Farhood (1st Dept. 2012).
4. The court’s decision briefly mentions the injuries involved; here are the injury details:
six months completely disabled from work (job involved heavy lifting)
physical therapy three times a week for six months
three epidural steroid injections at L4-L5
lumbar and cervical radiculopathy
continuing inability to return to organized softball or basketball and limited ability to play with
his young children
continuing pain requiring daily medication
While Mr. James returned to his job after six months, it was on light duty only and his injuries
resulted in a job change. His treating doctor, Ali E. Guy, M.D., testified that the injuries are
permanent and will require extensive medical treatment as his condition worsens over the
years.
Inside Information:
In 2001, plaintiff was injured in another car accident that led to a few months of treatment for
neck and back pain; however, he missed no time from work following that accident which he
and his doctor testified was insignificant (even though the doctor had not been apprised of the
prior injury before testifying in court).
5. Plaintiff’s counsel asked the jury to award $250,000 for past damages and $400,000 for
future damages; instead, the verdict (and the amount sustained on appeal over
defendants’ claim of excessiveness) was $150,000 more than requested.
Dr. Guy stated that "neurosurgical intervention" would result if continuing medical
treatment fails and plaintiff’s condition continues to get worse. Defense doctors opined
that plaintiff needs no more treatment.
There was a second pedestrian struck by the car that hit Mr. James. Anwar Mian, 60 years
old, also sued and he was awarded $500,000 for his pain and suffering damages described
and affirmed in the court decision
POSTED BY ATTORNEY RENE G. GARCIA:
For more information:- Some of our clients have suffered this kind of injuries due
to a serious accident. The Garcia Law Firm, P.C. was able to successfully handle
these types of cases. For a free consultation please call us at 1-866- SCAFFOLD or
212-725-1313.
http://www.newyorkinjurycasesblog.com/page/2/