Speranza Case
Speranza v. Shon’s Scientific Refrigeration Service Co., Inc., et al
Norfolk Superior Court C.A. # 09-402-C
Settlement Amount: $140,000
Action: Automobile Accident
Injuries Alleged: torn labrum left hip, soft tissue injuries to neck, shoulder and lower back
Date of Settlement: May 10, 2010
Description: This case involved complex issues of causation and delayed diagnosis. Plaintiff, a forty five year old woman, was injured in December 2006 when her car was rear-ended, while stopped, by the defendant’s truck. She was taken to the emergency room where she was treated and released. At that time her charted complaints were of neck, back, and leg pain. She followed up with her primary care physician who referred her for physical therapy for neck, shoulder and back problems. It was not until approximately eight months after the accident (and four months after she ended physical therapy) that her records reflect concern with left hip symptoms and it was not until a year after the accident that she saw an orthopedic surgeon for her left hip. A subsequent MRI revealed a torn and detached labrum in her left hip (this is the muscular ring in which the head of the hip rests) and she underwent an arthroscopic repair in February 2008. She had a good result from the surgery and only missed about a month from work.
While the action was pending, and more than two years post accident, plaintiff had an increase in severity of lower back symptoms for which she returned to treatment. An MRI revealed protruding discs and she ultimately underwent epidural injections with good relief of symptoms.
Although liability was not at fault, causation and damages were vigorously contested.
The defense contended that the eight month delay in seeking treatment for plaintiff’s left hip indicated that the torn labrum was not causally related to the accident. Plaintiff was prepared to demonstrate that the multiplicity of plaintiff’s injuries complicated and delayed accurate diagnosis and treatment of her injuries. For example, it was only after physical therapy to her lower back did not resolve her hip and leg symptoms that a separate hip injury was suspected. Plaintiff was prepared to support this with testimony from her treating orthopedic surgeon and reference to her PCP”s office note thirteen days after the accident showing that the plaintiff had reported hip pain during that visit.
Similarly, the defense was expected to claim that the plaintiff’s most recent lower back symptoms were the result of degenerative disc disease and not related to the accident. The defense was expected to support this by pointing out the almost two year gap between the end of plaintiff’s lower back physical therapy and her return to treatment; various medical records referring to “degenerative” disc disease; and an orthopedic record from the year prior to the accident where a disc problem was suspected. In response, plaintiff argued that although she may have had degenerative changes typical of a person her age, it was the force of the collision superimposed upon this condition that produced her severe symptoms.
The case was settled at mediation, after a trial date was set.
This case is a reminder that it may take time before the full extent of a plaintiff’s injuries are understood. This warrants caution in rushing too quickly to settle what first appears to be a “routine” soft tissue case.