Side-swipe 18-wheeler crash; Non-operable Back injuries; $429,000.00 settlement

Oct. 3, 2011 - PRLog -- Plaintiff, a 43 year old truck driver, was operating his vehicle on I-10 East in St. John the Baptist Parish, Louisiana when he ran out of fuel and was forced to pull onto the shoulder of the Interstate.  While on the shoulder, the Plaintiff was under the hood of his truck when the defendant driver drifted onto the shoulder in his 18-Wheeler and sideswiped the Plaintiff’s vehicle.  The defendants contested liability arguing that the Plaintiff’s vehicle was partially hanging out in the roadway.  

Approximately one week following this collision, Plaintiff began to experience neck and back pain.  Plaintiff’s MRI revealed that he was suffering from a herniated disc in his lumbar spine.  After visiting two surgeons and learning that his condition was not surgically correctable, plaintiff began treating with Dr. Gray Barrow, a pain management specialist.  Dr. Barrow performed several epidural steroid injections (ESIs) and one radiofrequency ablation on Plaintiff.  Plaintiff argued that he would have to undergo a radiofrequency ablation at least once every year.  Plaintiff’s total medical bills were approximately $40,000.  The case settled at mediation for $429,000.00.      

John Doe, et al v. ABC Company, et al  19th JDC, 08/11
Plaintiff’s counsel:  Richard F. Zimmerman, III, and Gordon McKernan, McKernan Law Firm, Baton Rouge
Plaintiff’s experts:  Dr. Gray Barrow, Pain Management, Baton Rouge

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