Tractor-Trailer Side Swipe Crash

Lumbar disc herniation with fusion

Settlement

$650,000.00

Breakstone, White & Gluck, PC

Boston

On June 8, 2012, the 24-year-old plaintiff was injured when an 18-wheeler tractor-trailer side swiped his vehicle.  Following contact, the tractor-trailer left the scene.  Plaintiff contacted the state police and followed the vehicle.  Approximately one mile away, the state police pulled the truck over.  The Canadian driver claimed she was unaware that her vehicle made contact with plaintiff’s vehicle.

Plaintiff had no immediate complaints following the incident.  However, later that day, he began to have low back pain.  He went to a local emergency department where he was diagnosed with a back strain.

Plaintiff next saw a doctor approximately six months later, at which time he complained of persistent low back pain with shooting pains into his left leg.  He gave a history at that time of persistent low back pain, which he assumed would spontaneously resolve.  Several months later, he received an MRI which demonstrated a herniated L5-S1 disc.

For the next twelve months, plaintiff received conservative treatment consisting of acupuncture, physical therapy, steroid injections and opioid medication.  None of these treatments helped.  Approximately twenty months post incident, he underwent an L5-S1 spinal fusion. Unfortunately, he continued to have persistent low back pain and shooting pain into his left leg postoperatively.  Thereafter, he received an additional seven epidural steroid injections which provided only temporary relief.

The case went to mediation shortly before the scheduled trial date.  At that time, plaintiff was scheduled to receive a trial surgical spinal cord stimulator to address his ongoing pain.  

The case settled at mediation with mediator attorney Richard Corbett.