A Lake County jury has awarded a 74 year old woman and her husband a combined $602,000.00 for injuries sustained in a 3 car collision on October 18, 2014.

At the time of the accident, the female Plaintiff was in recovery from a prior L3-L5 fusion and L3-S1 decompression laminectomy performed 75 days prior. Plaintiffs alleged that the collisions caused development of chronic pain below the fusion leading to implantation of a spinal cord stimulator. Plaintiffs claimed that the injuries derailed her recovery from surgery and severely impacted her quality of life.

Ryan, Ryan & Viglione attorney Michael Viglione utilized the testimony of the woman’s orthopedic surgeon and pain management physician to establish causation. He argued that the rigidity of the fusion hardware disabled the lumbar spine from flexing during the collisions. This lead to the the trauma of both collisions being directed to the levels of the lumbar spine above and below the hardware. Viglione claimed that the medical evidence substantiated that all of the female Plaintiff’s post-collision complaints of pain were located at the lumbar spine level below her fusion (L5-S1). He utilized an epidurogram noting L5-S1 nerve scarring to substantiate this theory.

The Defendants denied any negligence. They utilized a retained neurosurgeon to argue that all of the female Plaintiff’s complaints were due to her multiple sclerosis and prior back surgery. Viglione rebutted the expert’s testimony through exposing his financial compensation received for involvement in the case, and through presentation of medical records that clearly contradicted his opinions.

The jury’s award included a combined total of $335,000.00 in non-economic damages. The Illinois Jury Verdict Reporter is presently determining whether it is a high verdict in Lake County for aggravation of a pre-existing condition.

Our firm could not be happier for the wonderful family we had the pleasure of representing!