Auto Accident Cases
A D.C. employee was driving a school bus on Good Hope Rd., S.E. As the bus turned right onto 13th St, it struck and knocked down, then ran over the Plaintiff, who was crossing Good Hope Rd. in the pedestrian crosswalk. The traffic signal facing the Plaintiff showed 'walk'. Plaintiff sustained
extensive avulsion type injury to both legs, which caused significant loss of soft tissue and muscle. Plaintiff's recovery was complicated by the post-accident discovery that she had severe peripheral vascular disease.
Approximately 2 months after the accident, and due to the vascular disease, Julie's left leg was amputated. Her right leg was amputated 28 months after the accident, leaving her wheel-chair bound and completely unemployable. Defendant alleged that Plaintiff was contributory negligent and that
after Plaintiff had cleared the front of the bus, she fell back into its path in reaction of a phantom vehicle which appeared ahead of Plaintiff in the crosswalk. Plaintiff alleged that Defendant had negligently entrusted its vehicle to a driver whom it knew to be vision-impaired and that Defendant was an incompetent and unsafe driver.
Settlement: $2.1 Million and waiver of D.C. Medicaid lien in the amount of $275,000.00
Defendant was operating a tractor trailer owned by Builders Transport, Inc. While Defendant was attempting to make a left turn, his tractor trailer collided with Plaintiff, George W's motorcycle. W alleged that Defendant operated the tractor trailer in a negligent manner, failing to pay full
time and attention to his driving. Defendant alleges that Defendant was completing his turn when W, operating his motorcycle grossly in excess of the posted speed, collided with the side of the trailer.
The court granted motions excluding evidence that W was not wearing a helmet at the time of the accident and his positive test results for controlled dangerous substances.
Six months before the trial, Defendant's excess carrier paid $1.3 Million and on the day of the trial, offered another $500,000. As a result of the accident, W is permanently wheel-chair bound.
Social Security Disability Case
John a 55 year old former laborer, suffered from depression with suicidal and homicidal thoughts from his experiences as a war veteran. John had been placed under anti psychotic medication for an extended time and began experiencing a condition called tardive dyskinesia, which is uncontrolled muscular movement. Due to the tardive dyskinesia, he suffered from uncontrolled facial and upper extremity movement including the constant appearance of chewing his tongue.
Sandra a 44 year old former police officer, developed a condition called blepharospasm, a disorder resulting in uncontrolled facial twitching and blinking. This condition was unsuccessfully treated with botulism toxin injection and surgical stripping of muscle from the eyelids. She testified that she saw life as if she were constantly in a strobe light, making it impossible for her to concentrate on tasks.
Long Term Disability Cases
Ronnie a 43 year old former physician, suffers from fibromyalgia and chronic fatigue syndrome. Ronnie had consulted multiple specialists across the country in her attempt to seek relief from her painful and exhausting condition. Ronnie's efforts also included holistic sources such as herbal remedies and Native American healing. Although substantial medical records had been accumulated, there was no coordination of medical opinion and no physical capacity findings made. Greenberg & Bederman designed questionnaires to coordinate the opinions of the specialists whose findings which, in turn, were buttressed by the findings of a vocational rehabilitation expert. Due to the present overwhelming concert of opinion, Greenberg & Bederman convinced the insurer to pay the long term disability benefits.
Jane a 32 year old former receptionist, suffers from vulvodynia, a painful and embarrassing condition causing uncontrolled muscular spasm of her vulva. The condition had been so painful that she was unable to be comfortable in a seated position and could not maintain concentration. Further, she had been unable to consummate her marriage due to this condition. The insurer denied the claim stating that Claimant's disability was based on subjective allegations of pain and would not prevent her from working. The insurer was presented with objective electromyographic probe testing which revealed the presence of muscle spasms in addition to the supporting opinion of a gynecological eurologist. This evidence was sufficient to change the insurer's position and pay long term disability benefits.
Larry a 53 year old former electronics marketing manager, suffers from central nervous system angiitis accompanied by depression. The long term disability carrier attempted to terminate benefits after two years of payment asserting a mental health limitation under its policy. Larry underwent a new MRI and neuropsychological testing which revealed organic brain damage resulting in definite cognitive deficits. These new findings were buttressed by previous CT scan findings revealing cerebral atrophy and the treating physician opinion stating presence of an organic, rather than mental problem. When presented with all the evidence supporting a physical disease process, the carrier reinstated payments.
Medical Malpractice
Robert B came to the Emergency Room with severe back pain and a history of an infection. He was admitted to the hospital and the diagnosis of a probable spinal epidural abscess was made.This is an infection that can seed in the spinal column adjacent to the spinal cord and requires emergency surgery. Mr. B needed an immediate MRI to confirm the diagnosis, but the hospital's MRI could not accommodate him. The hospital had no arrangements in place to obtain an 'open' MRI and surgery to repair the abscess was delayed for five days. Robert B became a paraplegic as a result. We were able to obtain a significant settlement in excess of $5 Million for Robert B.
Mary Q underwent gastric bypass surgery. Following surgery, she developed a hernia at the operative site and had to be readmitted to the hospital for repair of the hernia. After the surgery, she developed bed sores and did not receive adequate nutrition. She died because she was not able to fight off the infection from her bed sores due to her malnutrition. After the deposition of our wound care expert,the case settled for a significant sum.
Margaret P underwent back surgery to repair a herniated disc. She lost a great deal of blood during the surgery. Following surgery, she developed a blood clot at the site of her surgery. The nurses failed to properly monitor her to insure that she was able to move her legs. Because of a delay in recognition of the blood clot, it compressed her spinal cord causing her to suffer paralysis. We were able to obtain a significant settlement of the claim following the deposition of the negligent nurse.