Crash Occurs 8 Weeks After Our Client Had Surgical Repair, Requiring A Second Emergency Surgery
Attorney Mike Bottaro recently handled an interesting case that resulted in a successful settlement. A careless driver t-boned our client (“Gail”), slamming her left shoulder against the vehicle’s interior.
Gail, 61 year old client, experienced immediate left shoulder pain and presented to Rhode Island Hospital where the emergency physician promptly referred her for an orthopedic consultation. Notably, at the time of this collision, Gail was in rehabilitation status post 8 weeks for left rotator cuff repair.
Her orthopedic surgeon promptly suspected a painful re-tear and imaging studies soon confirmed same. In fact, the MRI depicted “an immense re-tear of the supraspinatus and infraspinatus tendons with severe retraction and fatty atrophy.”
Due to her severe pain, Gail was obviously unable to continue with her existing physical therapy program and instead her surgeon rushed her back to the operating room for an emergency second surgery – revision rotator cuff.
Following surgery, Gail experienced nearly four (4) months in a shoulder sling and about five (5) months of post-surgery physical therapy. Gail’s activities of daily living, such as bathing, driving, and caretaking for her young granddaughter were several impaired. Her medical bills for the accident totaled nearly $56,000.00 and she had residual weakness and other impairments.
Mike Bottaro worked on the case with Legal Assistant Lauren Butler. One of the key components to assembling the damages on Gail’s case was an attention as to how the re-tear affected her life and also has the potential to affect her life in the future. Our firm focused on humanizing Gail as well as medical research in order to drive these points home to the clearly at fault driver’s insurer. Ultimately, the parties reached an out of court settlement that avoided Gail needing to appear in Court and promptly receive net settlements based on a total settlement in the amount of $130,000.00.