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Our Victories

    • Multiple Victims of Mild Traumatic Brain Injury in Intersectional Crash $11,900,000.00

      A group home passenger van that was transporting residents to their work site ran a stop sign in Tanglpahoa Parish and struck a car containing a mother, her two children and two other students en route to a Montessori School. A van passenger had a broken neck and exacerbation of a pre-existing brain injury. The mother suffered a broken ankle and a head injury. One of the boys in the car suffered a head injury and had a positive MRI. Both of his sister's legs were broken and she sustained a head injury. The two other children had post-traumatic stress disorder. Plaintiffs, who filed suit against the van's owner and its insurers, had a host of medical experts: neurologists, neuropsychologist, psychiatrists, life-care planner, physiatrist, orthopedic surgeons, neurosurgeons and more. The case settled for a combined $11.86 million in a week-long mediation less than one month before the scheduled October 2009 trial.

    • Mother and Daughter Headed Home from School Hit From Behind by Concrete Truck $3,625,000.00

      Plaintiff, a 32 year old hairdresser and mother, had stopped her SUV at a red light with her 18 month old daughter in the back seat, restrained in a car seat. Defendant's concrete truck rear-ended the plaintiffs' SUV, propelling it into the pickup truck stopped ahead. The mother suffered a brief loss of consciousness but was released from the ER that same day. The daughter was released without apparent injury other than an arm bruise and scratches.

      Afterward, the mother sought treatment for back, knee and hip pain, along with headaches and other symptoms of mTBI. She was treating with an orthopedist, neurologist, psychologist, neuro-psychologist, and psychiatrist. Cognitive difficulty and memory loss had rendered her unable to work. Further neuro-radiological DTI testing revealed brain bleeding and axonal shearing missed by the hospital. The daughter also tested positive for mTBI on neuro-psychological testing and negative on DTI tests.

      Two days after the deposition of a primary defense neuro-psychologist, the remaining defendant settled the case. Prior to the deposition, plaintiffs had negotiated a Gasquet settlement with another insurer.

    • Mild Traumatic Brain Injury Settled in Court $3,350,000.00

      Plaintiff was a 43 year old male was riding his bicycle on a two lane state highway where is crossed Interstate Hwy. 55 in Hammond at 11:40 PM. A Domino's Pizza delivery driver was traveling in his Saturn car in the same direction and collided with the back of the bike as they were descending the overpass. Plaintiff was knocked off the back of the bike, onto the hood of the Saturn and his head struck and smashed the windshield of the car. He was then thrown off the front of the car onto the pavement below. The bike had 2 flashing red lights mounted below the seat facing rear approaching traffic that were operating at the time of the wreck.

    • Doe v. Doe, 05/09 $1,000,000.00

      While he was directing traffic on the Manchac Bridge, a state trooper was struck by an 18-wheeler whose driver failed to slow the rig. The driver lost control of the rig and it flipped on its side before striking plaintiff. The trooper suffered a broken ankle and a cut to his forehead. He remained conscious, but was dazed and taken by another trooper to a local hospital where he was treated and released the same day. Plaintiff's neuropsych testing revealed positive cognitive impairment. Although he had returned to light-duty work, he finally opted for early retirement. Case settled under a confidentiality agreement for the policy limit of $1 million plus an additional $25,000.

    • Elderly Man Hit From Behind By Dump Truck on Interstate $900,000.00

      Pickup truck driven by plaintiff was rear-ended by an eighteen-wheel gravel truck on I-55 in Tanglpahoa Parish in 2010. Plaintiff, now seventy-six, refused transport and drove his pickup from the accident scene. He later went to an emergency room, received treatment for upper-back pain and minor cuts to his head (no stitches), and was released. A few days later he went to the doctor who treated him for a stroke in 2007 complaining of mid-to-lower-back pain and headaches. CT scans showed no acute traumatic injury but it did detect the prior stroke. An MRI of his brain two months later revealed the same. Neuro-psychological testing was positive for mild traumatic brain injury, and diffusion tensor imaging performed in 2012 confirmed the diagnosis. Plaintiff also tested positive for disk disease with herniations, but he has had no spinal surgery. He did have dental work done for prior problems and lost two teeth in the wreck along with his bridge. In 2012 he also underwent surgery for carpal tunnel syndrome and shoulder problems. There was no claim for lost income and the case settled for $900,000 on a $1 million policy. Trial was set for June 2013.

    • Elderly Man Hit by Commercial Truck in Private Parking Lot $750,000.00

      Plaintiff, who had a prior neck injury that settled five years before wreck at issue, re-injured his neck in 2007 during a low-impact crash. Less than a month before the 2007 wreck, he had an MRI that showed severe disc degeneration, making causation a contested issue for the herniation at C-3 to C-7.

      No lost wages were at issue; however, there was a hotly contested closed-head injury.

      The case was successfully mediated and settled for $750,000 a little less than two years from the date of the injury.

    • Retiree Hit By Eighteen-Wheeler $750,000.00

      Plaintiff, a sixty-nine-year-old retired employee of the Louisiana Department of Wildlife and Fisheries, was leaving work and traveling about 35 mph in the left lane of the entrance/exit roadway of the Bass Pro Shop in Denham Springs. Defendant’s eighteen-wheeler, which had been traveling alongside plaintiff’s SUV, suddenly began a left turn and struck the passenger side of the plaintiff’s vehicle.

      When plaintiff emerged from his vehicle, he inspected the damage to it, talked to the defendant driver, and called 911. In the wreck, plaintiff’s left shoulder struck his vehicle’s door, and he thinks he may have also hit his head. He was somewhat dazed after the impact.

      At plaintiff’s request, an ambulance took him to his local hospital to evaluate his shoulder pain. The hospital treated him and released him the same night.

      Plaintiff missed two days of work, but there was no wage claim made.

      Plaintiff continued treatment with his orthopedic surgeon, who previously performed a lumbar fusion on him. There were no new mechanical problems with plaintiff’s back, but plaintiff underwent surgery for a torn rotator cuff in his left shoulder.

      Eventually, plaintiff began to have cognitive and memory issues along with headaches. He was diagnosed with mild TBI and received outpatient therapy and treatment for his headaches.

      Plaintiff’s total medical expense was $67,000. Defendants, who stipulated to liability, requested mediation. The case settled for $750,000 before trial.

      Brescher v. J.B. Hunt Transportation., Woodard H. Sherwood, Jr., ABC Insurance Company, and National Union Fire Insurance Company of Pittsburgh, P.A., No.3:14-CV-00050, USDC MDLA, 7/2/15