Verdicts & Settlements

Arbitration results in $375,000 award to plaintiff in injury case

On June 2, 2005, the plaintiff's vehicle was in a collision with the defendant's vehicle while the plaintiff was stopped at an intersection, according to the plaintiff's report. The impact was at an estimated 25 mph.

Plaintiff was taken by an ambulance to the emergency room, where he was treated and released the same day. The emergency room records did not document loss of consciousness, contusion or a head injury other than neck pain.

The plaintiff had an already existing lumbar fusion, with resultant chronic pain syndrome, for which he was being treated prior to the accident.

The plaintiff contended that the accident resulted in a depressive-like episode, aggravation of the existing lumbar fusion, mild brain injury with contusion of the brain, post-concussion syndrome and mood disorder due to concussion.

A pain-management specialist who had been treating the plaintiff for several years prior to the accident formed the opinion that the plaintiff suffered brain injury.

The physician referred the plaintiff to a neurologist, who also is a specialist in pain-management. The neurologist referred the plaintiff to a neuropsychologist to perform neuropsychological testing.

As a result of these examinations, the healthcare providers formed the opinion that the incident caused the plaintiff's diagnosed injuries, the plaintiff's report said.

The defendant's expert submitted an affidavit stating that the plaintiff did not suffer a closed-head injury as a result of the accident, that the record reported no loss of consciousness or blows to the head and use of narcotic pain medications would affect a person's cognitive abilities.

The defendant argued that the plaintiff was impaired because of the medications and that the plaintiff did not suffer brain injury as a result of the accident.

The plaintiff's treating physicians testified that the plaintiff's daily medication regimen of morphine, Duragesic and Actiq did not impair the plaintiff or affect his cognitive abilities.

After the N.C. Farm Bureau tendered its policy liability benefits of $50,000, the plaintiff requested arbitration pursuant to the underinsured motorist policy, which had limits of $300,000.

The arbitration panel, with Nationwide's arbitrator dissenting, awarded $375,000 to the plaintiff.

Type of action: Negligence

Injuries alleged: Aggravation of previously existing lumbar fusion, mild brain injury (contusion), post-concussion syndrome, mood disorder due to concussion with major depressive-like episodes and symptoms of post-concussion syndrome

Name of case: Beamer v. Nationwide Mutual Insurance

Court: Forsyth County Superior Court

Case number: Private arbitration

Tried before judge or jury: Judge

Name of judges: Arbitrators William Freeman, Tim Welborn and Walter Burton

Verdict or settlement: Verdict

Amount: $375,000

Verdict date: July 20, 2007

Demand: $250,000

Offer: None

Experts: For plaintiff — Douglas Pritchard, M.D., Catherine Clodfelter, Ph.D., and John Porter, M.D. For defendant — Robert E. Price, M.D.

Insurer: Nationwide Mutual Insurance

Plaintiff’s attorney: George Francisco of Winston-Salem

Submitted by: George Francisco