Low Impact Collision
Herniated Disc / Cervical Fusion Surgery / Kansas Tort Claims Act / Resolution For Six Times The “Final” Offer
Our client, a 28-year-old mother of three children, was rear-ended in a low impact collision. Following the collision, she experienced severe neck pain with sharp pain radiating down her left arm. She had no history of prior injuries to her neck and had not had any complaints of neck pain that would have suggested a symptomatic pre-existing condition.
Her initial medical diagnosis included thoracic outlet syndrome (TOC), a disorder that occurs when nerves or blood vessels in the area between the collarbone and first rib are compressed. This compression can cause pain in a person’s neck and shoulders and cause numbness and tingling in a person’s fingers.
Although thoracic outlet syndrome is often caused by trauma such as a car accident, in some cases physicians cannot determine the cause. In our client’s case, the relationship between the collision and the diagnosis of thoracic outlet syndrome was less than clear.
After 1½ years of treatment with neurologists and vascular surgeons, her physicians determined that she had reached maximum medical improvement and that there was nothing more that could be done for her. Unfortunately, she continued to suffer from severe pain in left arm to the extent that she could not use it to pick up her small children.
The defendant attempted to take advantage of the lack of a definitive medical diagnosis and refused to offer a substantial settlement to resolve the case, despite her significant injuries and extensive history of treatment.
At our suggestion, our client returned to her neurosurgeon seeking further evaluation in an effort to gain a better understanding of her condition. Further diagnostic testing was performed and it was determined that she was suffering from a degenerative condition of her cervical spine (neck) that had been made symptomatic by the collision. She underwent a fusion of the affected vertebrae in her neck and this stabilized her condition and resolved her persistent pain.
Suit was filed in Johnson County, Kansas and the case was litigated and ultimately resolved successfully without trial for six times the amount of the “final offer” made originally.
We are proud to have played a key role in helping our young client find a solution to her debilitating medical condition and in getting her case resolved for substantially more money than had been previously offered.