Medical Malpractice

PLAINTIFF’S VERDICT – PIP Suit – Aggravation of pre-existing disk injuries necessitating prior surgeries – Subsequent laminectomy and physical therapy – Medical bills of approximately $55,000.

Monmouth County

The plaintiff driver in her mid-30s brought this PIP suit for the payment of approximately $55,000 in medical bills for the costs of a lumbar decompression of a herniated disk and the insertion of hardware, as well as physical therapy. The plaintiff had undergone bilateral laminectomies approximately one year before the subject accident because of a prior herniation, which entailed the excision of disk material at L4- L5. The plaintiff contended that she was faring fairly well, had no treatment for approximately four months before the subject accident and that the collision severely aggravated the lumbar condition, mandating the surgery. The defendant denied that the plaintiff’s claims should be accepted and established that this surgery had been recommended even before this accident. The plaintiff countered that although the operation had been recommended, she had declined because she did not wish to undergo the rigors of the operation as well as the long recuperation.

The plaintiff maintained that prior to the accident, she was able to walk without a cane and could walk upstairs without extensive difficulties. The plaintiff contended that after the collision, she could no longer do so and that she could no longer reasonably decline the surgery. The plaintiff contended that it was clear that the accident mandated the operation, which she otherwise would not have undergone.

The case was tried before the court and the court held the accident caused an aggravation and that the treatment was related. The plaintiff’s motion for attorney feels is pending.

Reference

Plaintiff’s orthopedist: Cary Glastein from Tinton Falls. Defendant’s orthopedist: Nasser Ani from Hazlet.

Dickerson vs. Allstate. Docket no. L-1305-95; Judge Thomas Cavanaugh, 6-98.

Attorney for plaintiff: Frank S. Gaudio of Miller & Gaudio in Red Bank.