A 60-year-old machine repair mechanic experienced great pain due to the physical demands his job required. The job had the plaintiff constantly in awkward positions such as being on his back, with his arms raised above his head, and reaching above his head for extended periods of time. Moreover, the employee was constantly using his right arm to perform work on these large machines.
Back in 2002, the plaintiff was using a ratchet on a pipe when his right arm slipped. As he caught himself with his right arm, he instantly experienced a sharp pain in his neck and right arm. A few weeks later he was seen by a doctor who diagnosed him with a right C6-7-disc herniation and a small right C5-6-disc herniation. The doctor explained that the plaintiff had a recurrence of his symptoms from his injury that occurred 5 years prior and that it was a direct result of his previous work injury.
In June of 2016, the plaintiff was using a large wrench to tighten bolts when the wrench slipped off the head of the bolt and he heard a pop in his neck. He was treated for the injury and continued to stay employed. Over the next couple of years, the plaintiff continued to be evaluated by different doctors. The doctors discovered that the plaintiff had suffered from a right shoulder impingement syndrome which was the causing the reoccurring pain from the cervical spinal nerves.
There was an underlying relationship to the plaintiff’s original injury and surgery which were both due to persistent neural foraminal stenosis changes above and below the levels of surgical fusion. The plaintiff is now permanently and completely disabled given his age, education, disability, and lack of transferable skills.
Case Settlement: $550,000