$8M Settlement In Colorado Case Despite Non-Economic Damage Law

 In General Interest Blog

An $8,000,000 settlement was reached in a mild traumatic brain/vascular injury case in Boulder, Colorado by two trial lawyers from Chicago’s largest personal injury law firm,GWC!

This settlement includes an apportionment of $400,000 for spousal loss of consortium and $100,000 for a minor son’s leg fracture and exceeds the largest reported verdict in Colorado ever, by over $2 million for a tbi injury partners, Louis Cairo and Colin O’Malley, resolved the lawsuit against a major trucking company on Monday, January 9, 2012, in a mediation that was court ordered under boulder county rules.

The case was scheduled for jury trial on February 13, 2012.the case involved a collision that occurred on January 21, 2009 in Boulder, Colorado between the hall’s toyota pick up truck and a semi tractor being driven without a trailer attached.

The semi tractor was unable to stop for traffic on a rural highway, skidded into incoming traffic and struck the hall vehicle. steven hall, 39 years old, was treated and released from the emergency room after it was confirmed that he only sustained a non-displaced fibula fracture and a few scratches.

His condition became complicated weeks later as he began reporting signs of a closed head injury for which he underwent several months of therapy before returning to full time work as a computer consultant for a large hr software company.

After working for 9 months, he suffered an aneurysm in his left subclavian artery requiring surgery which plaintiff contended has significantly exacerbated his mild tbi symptom.plaintiff contended that the mild tbi was a disabling injury despite mr. hall’s ability to work for 9 months in 2009 – 2010, drive his vehicle and seemingly function normally.

Defense disputed any ongoing symptoms from the mild tbi and disputed that the left vascular injury was caisson related since symptoms were never reported during the 8 months following the collision, in addition to a pre-existing rib condition that predisposed plaintiff to genetic formation of this type of aneurysm. defendant had ten expert witnesses in fields of neurology, neuropsychology, vascular surgery, functional capacities, vocational rehabilitation, biomechanics engineering, and economics.

Plaintiff had experts in vocational rehab, functional capacities and economics, in addition to carlyle treating doctors.plaintiff claimed medical bills totaling $500,000, mostly related to his left arm vascular condition, and a diminished earning capacity for income and benefits of $4-5 million, which was very disputed in terms of his capacity to return to work and the amounts claimed. interestingly, colorado’s cap on pain and suffering and disability is $460,000 total! But, Colorado has no cap on “physical impairment,” which the trial attorneys successfully focused their damages case on.

This is the second case in the last few months that gwc attorneys have scored a significant damage award for “physical impairment” damages.

In the earlier case, gwc partners, Joseph Sorce and O’Malley once again, got an $8.2 million verdict in a severe calcaneal fracture case for a mason under indiana law which included a $4 million award for this particular line item.gwc is the largest personal injury and workers compensation law firm in illinois. the firm’s attorneys handle catastrophic cases throughout the country in all types of cases involving, particularly, transportation industry, construction, nursing home abuse, product liability and mass tort.

Please contact Louis Cairo for further information related to this case or if you have questions about a work injury and would like to learn more about your options from our team of personal injury lawyers.

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