Verdicts & Settlements November 14, 2011: Carpal tunnel case ends in small verdict [Missouri Lawyers Media]
Kristie Hildgedick; Kristie Hildgedick | |
Source: | Proquest LLC |
A
<person>Elizabeth St. Clair, 55, was driving east on
"It was a good result for the defense," said Thomas, who works for
In the trial, plaintiff's expert Dr.
But Parmet also said she probably would have exhibited symptoms within two months of the event, Thomas said.
According to a case summary Thomas provided, St. Clair reported to an emergency room the day of the accident and complained of neck pain, but diagnostic tests were negative. She also underwent an MRI about three months after the accident, which was also negative except for some degenerative changes and osteoarthritis in her spine.
Though the plaintiff testified that the numbness and tingling in her hands started about four months after the wreck, her concerns weren't documented by her primary care physician until eight months later. A subsequent medical test verified bilateral carpal tunnel syndrome.
Thomas said a juror indicated to him the jury found too many inconsistencies between St. Clair's testimony and her medical records to justify a larger verdict.
"This entire case was won on the nuts and bolts," Thomas said. "The minutia in the medical records was shown to the jury."
Bartlett noted that errors are all too common in medical records.
"I had a case with a soft-tissue injury, significant gaps in treatment and nothing objective to show how the injury occurred," he said. "That's a tough case to put together."
St. Clair reported
Thomas said he felt the verdict was a compromise, because jurors were aware of the
"Some of the jurors wanted to make her whole, and others only wanted to cover a
Motor vehicle collision
Venue:
Judge:
Plaintiffs' Expert: Dr.
Special Damages: Medical expenses
Last Pretrial Demand:
Last Pretrial Offer:
Insurer:
Caption:
Plaintiffs' Attorney:
Defendant's Attorney:
Copyright: | (c) 2011 ProQuest Information and Learning Company; All Rights Reserved. |
Wordcount: | 530 |
Verdicts & Settlements November 14, 2011: Defendant wins trial over crash injuries [Missouri Lawyers Media]
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