43 yr old Home Health Aide Award of $200,000 Upheld for Non-Surgical Herniated & Bulging Lumbar Discs

The Appellate Court covering appeals in Brooklyn recently upheld a jury verdict of $200,000 to a 43 year old female home health aide (HHA) who suffered spinal injuries due to a car accident. The HHA was riding in an ambulette accompanying a client when she was thrown from her seat when the ambulette was rear ended by another car. A neurologist who treated the HHA testified that she suffered from a herniated and bulging discs in her lower back and that she had lost 50% range of motion in her lumbar spine. This neurologist explained that their was no problem with the HHA's lower back before the accident, other than normal wear and tear compatible with her 43 years. No surgery was performed or recommended to treat this condition.

The defense called an orthopedist to testify that their was only a slight loss of range of motion in the lumbar spine caused by pre-existing degenerative disc disease (standard defense doctor testimony). The jury rejected this defense and awarded the HHA $150,0000 for past pain and suffering and only $50,000 for future pain and suffering - despite a 37 year life expectancy. Surprisingly only the defense appealed and lost. The HHA could have cross appealed to argue that the award for future pain and suffering was way too low.  Interestingly, the Appellate Court agreed with the trial court which precluded the defense from introducing evidence that a doctor who had treated the plaintiff (but was not called to testify) had committed fraud. Eastman v Nash, 2017 N.Y. Slip Op 06523

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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