Tractor-Trailer Side Swipe Crash

Lumbar disc herniation with fusion

Tried Before Judge or Jury


Plaintiff’s Counsel
Breakstone, White & Gluck, PC

Other Useful Information

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.

Attorney Marc L. Breakstone

Marc L. Breakstone

Attorney Marc L. Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in Massachusetts and New England. He has been recognized as a Top 100 New England Super Lawyer, a Top 100 Massachusetts Super Lawyer and a Massachusetts Super Lawyer in Plaintiff’s Medical Malpractice. Read more.

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David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case. Peter
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
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