Scheduled Surgery Mitigates Plaintiff's Claim for Noneconomic Damages

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Judgment was entered in favor of plaintiff in a personal injury action arising out of an auto accident, but her recovery for pain and suffering was limited because a second back surgery that was scheduled was expected to alleviate most of her pain.

The plaintiff’s car was stopped at a traffic light when it was rear-ended by the defendant’s car. Damage to the car was minimal, and it was established that the defendant hit the plaintiff at a low speed. Nevertheless, the plaintiff claimed that she suffered severe pain immediately following the accident. After several medical consultations, the plaintiff discovered that she had several herniated disks at the C5-C6 and C6-C7 vertebrae. It is important to note that the plaintiff had a lengthy history of injuries to her neck, dating all the way back to her childhood. Nevertheless, the plaintiff’s sole medical expert testified that, while the past injuries could have made the injury more likely, the accident at issue was unequivocally the proximate cause of the disc herniation. The jury returned verdict for the plaintiff. An award of 83,135.51 was distributed as coverage of the plaintiff’s medical expenses. The plaintiff received an additional $200,000 in lost earning capacity. Despite the claims of persistent pain, the court declined to increase the initial award of $250,000 for noneconomic damages for pain and suffering. The court did not deny that the plaintiff suffered pain as a result of her injuries. However, the plaintiff’s plan to undergo a more supportive surgery allowed the court to anticipate a far better result for the plaintiff, as well as substantial relief from future pain. In respect to this finding, the plaintiff was awarded a total award of $533,135.51.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: DeMatteo v. Panico, 2004 Conn. Super. LEXIS 239, 2004 WL 335200 (Conn. Super. Ct. Feb. 3, 2004)