Posted On: April 18, 2011 by Schuler, Halvorson, Weisser & Zoeller

Victim of Rear-End Collision in Palm Beach Gardens, Florida Left With Serious and Debilitating Injuries

As so often happens, drivers can be sitting at a red light, doing absolutely nothing wrong, and can end up with very serious injuries in a traffic accident.

This is exactly what happened to the victim in this Florida motor vehicle accident case. He was sitting at a red light on Alternate A1A in the left hand lane at the intersection of Burns Road, just waiting for the light to change, when the driver of a bus in the lane directly behind him (who was not paying attention and driving carelessly) failed to see him and crashed into the back of his vehicle. Fortunately, the victim was wearing his seat belt at the time of the crash.

Upon impact, the victim experienced the immediate onset of pain in his neck. As a result, he drove to the emergency room at Palm Beach Gardens Medical Center where he presented with symptoms including pain to the head, paresthesias around the mouth, arms and neck, along with neck pain. After undergoing a complete physical examination and diagnostic work up (including a CT scan of the head and spine), the emergency room physician diagnosed neck pain with probable cord compression and released the victim with prescriptions for pain medication, muscle relaxants, anti-inflammatories and instructions to follow up immediately with a physician.

Subsequently, the victim was seen by a neurosurgeon for continued pain in his lower back and neck. He also continued to experience numbness to the left side of his mouth and left hand. In addition, the CAT scan revealed a disc herniation at the C4-C5 level. Based on his physical examination and clinical findings, the neurosurgeon immediately ordered MRIs of the cervical and lumbar spine. Unfortunately, the MRI of the lumbar spine revealed a disc bulge at the L4-5 level as well as a L5-S1 central disc protrusion. More importantly, the cervical MRI revealed:

• Left paramedian annular tear at C6-7
• Central disc herniations at C2-3, C3-4 and C5-6
• Broad based disc herniation with cord impingement and central canal stenosis at C4-5

Needless to say, the victim (who has never experienced any significant neck pain or required any medical treatment on his cervical spine in the past) was absolutely devastated by the MRI findings. The neurosurgeon confirmed a diagnosis of mechanical low back and neck pain with cervical radiculopathy and noted a significant increase in the progression of the victim’s neck pain, headaches, and numbness into his right arm and leg. He also noted that the victim was in a severe state of inflammation and spasm and recommended continued and aggressive physical therapy and medications.

Shortly thereafter, the neurosurgeon gave the victim the unfortunate news that would permanently impact him and his family. He confirmed that the only form of relief would come through a major open, lengthy and complicated surgery on the cervical spine to correct the defects at the C4-5 and C5-6 levels.

Subsequently, the victim scheduled an appointment with another neurosurgeon for a second opinion. Unfortunately, the second neurosurgeon confirmed the findings of the original neurosurgeon and recommended an immediate anterior C4-5 discectomy. The risk and benefits of the procedure were explained to the victim and the neurosurgeon confirmed that there was no guarantee as to the outcome of the surgery.

After consulting with his wife, and experiencing horrific, unbearable pain and burning sensations, along with worsening numbness and tingling into his arms and fingers, the victim agreed to the surgery and was admitted to Columbia Hospital. Fortunately, the victim tolerated the procedure well and was eventually released to return home for rest and recovery.

The victim describes his post-surgical recovery as problematic and painful as he had an extremely swollen neck as well as severe difficulty with swallowing. In fact, he still gags on certain types of food. He is currently undergoing an extensive post-surgical physical therapy.

The victim and his wife contacted Attorney Jason D. Weisser for assistance in this matter, since his incurred medical bills were in excess of $120,000.00 and he has a significant/substantial future medical expense claim which can be conservatively estimated at anywhere between $25,000 to $75,000 for annual follow-up neurosurgical visits, diagnostic studies, therapy, injections and medical treatment for any aggravations and/or exacerbations.

After extensive investigation and negotiations, Mr. Weisser was successful in settling this victim’s case at mediation, so the victim and his family will now be able to have more peace of mind and concentrate solely on his recovery.