Beverage Truck Charged with Improper Backing in Accident Causing Serious Injuries in Stuart, Florida
Sometimes you don’t even need to be driving to be involved in an accident. In fact, you can receive very serious injuries just going about your daily business, unaware that serious injury is about to occur. That is exactly what happened to the victim in this Florida truck accident case.
The victim, a single mother with an eight year old daughter was at a gas station in Stuart, Florida, standing outside her driver’s side door and leaning in over the seat vacuuming the passenger side floor when a beverage truck backed into her passenger side door. The victim stated that she never heard any back-up cautionary alert sound from the beverage truck before it struck her vehicle.
The driver of the beverage truck stated to the victim that he did not see her and he was sorry. The incident was investigated by the Martin County Sheriff’s Department and the driver was cited for improper backing.
The victim sustained severe neck and back injuries and sought treatment at Martin Memorial Hospital where x-rays were taken and she was prescribed medication. She subsequently followed up with her treating physician, who reviewed the x-rays taken at the hospital and noted the victims continued aching and burning discomfort in her lumbosacral area radiating into her buttocks and prescribed physical therapy. She returned back to Martin Memorial Hospital shortly thereafter complaining of upper back pain between her shoulder blades which increased with any movement.
Due to continued bouts of pain, the victim sought treatment with an orthopedic surgeon for complaints of pain to her neck, back and headaches. Diagnostic testing was ordered and injections to the lumbar spine were performed.
The victim also sought treatment with a chiropractor with complaints of low back pain and burning sensation. She described the pain as dull in her shoulders and neck causing headaches. She described sharp pain in her middle back and she had difficulty standing, bending and driving. During the course of his treatment, the chiropractor performed facet blocks of her lumbar spine to alleviate pain. An MRI of the lumbar spine was performed with results of mild circumferential disc bulge at level 4-5. The victim returned to her orthopedic surgeon to discuss the MRI results. He noted continued lower back pain, headaches, thoracic and cervical sprain/strain. They discussed the possibility of a discogram or facet blocks and ablations. She also underwent nerve conduction studies to focus on sciatica of lower extremity.
Shortly thereafter, the victim received epidural injections and the physician opined the possibility of surgery should the epidural injections be unsuccessful. The victim was then referred to a physician for pain management, and after a thorough exam was diagnosed with a displaced lumbar disc, cervicalgia, possible displaced cervical disk, probable ligamentous injury to both cervical and lumbar spine, panic/anxiety disorder all associated with this accident.
A cervical MRI was performed and the results were slight reversal of the usual lordotic curvature in the mid cervical region and bulging disc at C5-6. CT of the lumbar spine was performed which showed a mild broad based disc bulge at L-5 with a discogram injection showing extension of contrast to the periphery of the disc on the right as well as anteriorly and posteriorly suggesting the annulus is not in tact.
She returned to the pain management physician and underwent a right facet block under fluoroscopic guidance at L4-5. She returned on a few occasions complaining of pain medications not working and received trigger point injections.
Next, the victim returned again to the orthopedic surgeon in severe pain and underwent a facet injection of the lumbar spine and surgery was scheduled. Two months later she underwent surgery consisting of a discogram at L4-5 and L5-S1, discectomy far lateral transpedicular L4-5, facet ablation bilateral at L4-5 and L5-S1.
She returned to the orthopedic surgeon approximately three weeks later for post-op describing pain to her low back and the inability to sleep with leg burning. During that visit a lumbar fusion was discussed and a lumbar MRI was ordered which revealed disc bulges at L4-5 and L5-S1.
The victim then began physical therapy three times per week for four weeks. Following therapy, she returned to her orthopedic surgeon with significant back pain. He performed a joint injection bilaterally at the S1 level and further recommended an anterior cervical discectomy and fusion at C5-6 and C6-7 and decompression at C5-6 and C6-7 with bone graft with local sources as well as demineralized one matrix.
Approximately three months later, the victim returned to the orthopedic surgeon with complaints of continued pain to her neck and back, at which time, the surgeon discussed low back surgery with the victim. At this time she was referred back to her pain management physician and he prescribed morphine. She continues to be monitored for clinical signs of successful treatment, however, her pain level is an 8 without her medication.
With continuing severe pain after many forms of treatment and surgery, and together with constantly mounting medical expenses well over $350,000.00, this victim sought the advice and assistance of Attorney Richard D. Schuler. After much investigation and consultation with experts on this case, Mr. Schuler filed a lawsuit against the corporation that owned the beverage truck and was successful in settling this case without the necessity of a trial for a amount substantial enough that the victim was not only able to pay all of her outstanding medical expenses, but she will now be able to obtain the additional treatment and any potential surgeries she may need in the future.
