This claim concerned a negligent repair to a treadmill that malfunctioned while being used by our client. The malfunction caused our client to suffer serious neck injuries, resulting in a twenty percent permanent partial impairment to her cervical spine.
Our client was a prisoner at Osborn Correctional Center. He went to the prison infirmary complaining of severe pain in both shins and inability to bear weight on his right foot after playing basketball. Despite progressive symptoms, including swelling and tightening of the skin in his right foot, the inability to move his foot, increasing pain and fever, which were classic signs of a surgical emergency known as compartment syndrome, the doctors at the infirmary failed to get him to a hospital that had the ability to make the diagnosis. By the time our client arrived at the hospital, his condition had deteriorated to the point where he lost significant leg muscle.
Our client, a woman in her forties, was being treated by a chiropractor for neck pain. During an adjustment of her neck, she felt a sharp pain. Despite complaints of nausea, dizziness, and severe headache over the next week, the defendant failed to refer her for medical care. Finally, her family doctor insisted that she go to the hospital, where it was determined that she had a dissected vertebral artery, which resulted in a stroke. Our client worked extremely hard at her rehabilitation and made an amazing recovery. The defense argued that the injury was not caused by chiropractic manipulation and even if it were, such injury is an extremely rare consequence of neck manipulation (the consent form signed by our client mentioned stroke as a potential complication). Our expert testified that, given the fact that our client’s neck pain was improving as a result of less risky treatment (massage, ultrasound, and heat), there had been no reason to subject her to the risk of spinal manipulation.
Our client was walking in the area of a construction site. Because of the construction, there was no sidewalk. The company had put up a temporary wooden walkway for pedestrians to use. As a result of several cycles of rain and drying, the wood had become rotted. As a result, there were large splinters on the walkway. Our client, who was wearing open-toed sandals, stepped near one of the splinters, which went deep into her foot. Despite cleaning the wound immediately, she later suffered a bone infection in her foot, requiring surgery. In addition to the settlement, the defendant’s insurance company paid all of our client’s medical bills. She did not have medical insurance.
Our client, Steven Smith, was tragically struck and killed by a car as he was crossing a street at 6:00 AM. The police concluded that Smith was at fault for crossing in a poorly lit area with no marked crosswalk when it was dark outside, all while wearing dark clothing. Smith also was found to have had a blood-alcohol level of more than three times the legal limit had he been operating a vehicle. Attorney Bruce Jacobs performed his own investigation and discovered important facts not included in the police report. An eyewitness reported that Smith had been struck when he was almost at the curb. Additional surveillance video uncovered by Bruce Jacobs showed that the car was traveling faster than other vehicles in the area. With these additional facts, Jacobs was able to reach a settlement of $300,000—the full liability coverage available. Jacobs made clear to the insurance company that if they did not offer the full amount of the policy, the insurance company was in violation of its legal duty to accept a reasonable demand to settle within the limits of its insurance coverage.