Largest Reported NJ Personal Injury Settlement during the Court’s 2022-2023 term

Woman Injured After Vehicle Wrongly Turned Onto One-Way Road – $690,000 Settlement

A woman was sitting in the front passenger seat of a car driving along Manila Avenue in Jersey City, New Jersey, when another vehicle turned onto the one-way road and hit her car. Davis, Saperstein & Salomon, P.C. Partner Garry R. Salomon filed suit in the Superior Court of New Jersey, Hudson County, proved that the other driver had been negligent in failing to drive carefully, and won our client a $690,000 settlement.

The woman was taken by ambulance to Jersey City Medical Center. The accident caused her injuries to her right elbow, neck, and back. Our client’s elbow suffered a linear intrasubstance tear and epicondylitis, her cervical spine suffered three disc herniations, and her lumbar spine suffered multiple disc bulges and annular tears. She underwent several pain management procedures, including cervical medial branch blocks, piriformis injections, and sympathetic blocks, before undergoing a two-level endoscopic lumbar discectomy and tenotomy for her elbow. The woman also completed months of physical therapy and aqua therapy. The woman was diagnosed with Complex Regional Pain Syndrome (CRPS), formerly known as Reflex Sympathetic Dystrophy Syndrome (RSDS).

The insurance company defense attorneys hotly disputed the diagnosis of CRPS or RSD. Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports affirming the diagnosis and proving the permanent nature of our client’s injuries. Their reports helped show our client’s entitlement to financial compensation for her loss in income, medical bills, and pain and suffering, and with the experts’ help, Partner Garry R. Salomon won her proper compensation in the form of a $690,000 settlement.

Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, PC lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.

Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.  

 

Medical Glossary

Annular Tear: A type of injury that occurs in the outer ring of a spinal disc. The outer ring, known as the annulus fibrosus, can develop small tears or fissures, usually due to age-related wear and tear or trauma. Annular tears can cause localized pain in the back or neck, and in some cases, they may contribute to disc herniation if the inner gel-like material of the disc pushes through the tear.

Cervical Medial Branch Block: A medical procedure used to diagnose and manage pain originating from the facet joints in the neck region. During the procedure, a local anesthetic or numbing medication is injected near the medial branches of the spinal nerves that supply the facet joints. This injection temporarily blocks the pain signals, helping doctors identify if the facet joints are the source of the pain and providing temporary relief for the patient.

Complex Regional Pain Syndrome (CRPS): Complex Regional Pain Syndrome (CRPS) is a condition where someone experiences intense and constant pain in a specific area of their body, like an arm or leg. It can happen after an injury or surgery, but the pain continues even after the initial problem has healed. CRPS can make simple movements or touches very painful, and it can affect daily life and activities.

Disc Bulge: A condition where the outer layer of a spinal disc protrudes or extends beyond its normal position. This can occur due to age-related degeneration or injury. A disc bulge may cause symptoms such as localized pain, discomfort, or mild nerve irritation, but it often does not result in severe nerve compression or significant functional limitations.

Disc Herniation: Also known as a slipped or ruptured disc, occurs when the soft gel-like center of a spinal disc pushes through a tear in the outer ring. This can put pressure on nearby nerves, resulting in pain, numbness, or weakness in the area supplied by those nerves. Disc herniation can happen due to age-related wear and tear or as a result of sudden injury, and treatment options may include rest, physical therapy, pain medication, or in severe cases, surgery to relieve pressure on the affected nerves.

Endoscopic Lumbar Discectomy: A minimally invasive surgical procedure performed to treat herniated discs in the lower back. It involves the use of an endoscope, a small tube with a camera and surgical tools, inserted through small incisions in the back. The surgeon removes the herniated disc material at two different levels of the lumbar spine, relieving pressure on the nerves and reducing pain and other symptoms associated with the disc herniation.

Epicondylitis: Also known as tennis elbow or golfer’s elbow, is a condition that causes pain and inflammation in the tendons that attach to the bony protrusions on the inside (medial epicondylitis) or outside (lateral epicondylitis) of the elbow. It is often caused by repetitive motions or overuse of the forearm muscles.

Linear Intrasubstance Tear: A specific type of injury that occurs within the substance of a soft tissue, such as a muscle or tendon, in a straight or linear fashion. It typically happens due to excessive strain, repetitive movements, or sudden trauma to the affected area. This type of tear may cause pain, limited range of motion, and weakness, and treatment options may include rest, physical therapy, or in severe cases, surgical repair to promote healing and restore functionality.

Piriformis Injection: A medical procedure used to relieve pain and inflammation in the piriformis muscle, which is located in the buttocks. During the procedure, a corticosteroid medication is injected directly into the piriformis muscle to reduce pain and inflammation. This injection can be helpful in treating conditions such as piriformis syndrome, a condition where the piriformis muscle irritates or compresses the sciatic nerve, causing pain in the buttocks and down the leg.

Reflex Sympathetic Dystrophy Syndrome (RSDS): Also known as Complex Regional Pain Syndrome (CRPS), RSDS is a condition where a person feels severe and constant pain in a particular part of their body, like an arm or leg. This pain can be much more intense than what might be expected from the original injury or surgery. RSDS can also cause changes in skin color and temperature, as well as problems with movement and sensitivity to touch.

Sympathetic Block: A medical procedure used to relieve pain by blocking or interrupting the signals sent by the sympathetic nerves. These nerves are part of the autonomic nervous system and can contribute to chronic pain conditions. During a sympathetic block, a local anesthetic or medication is injected near the sympathetic nerves to disrupt their activity, providing temporary pain relief and potentially improving symptoms related to conditions like complex regional pain syndrome or neuropathic pain.

Tenotomy: A medical procedure that involves the surgical cutting or release of a tendon. It is done to address conditions where there is excessive tightness or dysfunction in the tendon, such as in cases of contractures or certain musculoskeletal disorders. By performing a tenotomy, the surgeon aims to restore normal function and improve flexibility in the affected area by releasing tension in the tendon.