$36,000 – Personal Injury Verdict: Injured Left Rotator Cuff

F&F# A09026

Injured Left Rotator Cuff

Settlement: $36,000

Injuries: Injured Left Rotator Cuff

Facts and Claim of Liability:

Plaintiff is a 48 year old male who, in October of 2007, was involved in a two-car accident. As a result of the accident, he sustained a left shoulder subacromial impingement, acromioclavicular joint arthropathy, and an interior capsular contracture. Plaintiff initially tried a course of nonoperative therapy; however, he gained no relief from his pain. He elected to undergo surgery in May of 2008. The surgery was successful, and plaintiff recalls all going very well until September of 2008. He had been attending physical therapy sessions since May and had been making good progress until September 2008, when he reinjured his shoulder during a physical therapy (PT) session. During this session, he heard a “pop” when he was doing resistive strengthening exercises, and quickly became unable to elevate his arm above his shoulder. When he attempted to return to work on September 8, he was unable to lift or carry anything without extreme discomfort. Eventually, plaintiff was found to have reinjured his rotator cuff, and he had to have another surgery performed in November 2008.

As a result of this surgery, plaintiff was unable to return to work, and could not lift anything over 5 lbs. Plaintiff recalls that during the PT session in which he heard the “pop,” he was supposed to be lifting no more than 5 lb weights, but had been given 20 lbs to pull.

Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant physical therapist’s use of inappropriate weight-bearing exercises during physical therapy exacerbated and caused a worsening of plaintiff’s pre-existing left shoulder condition. Ultimately, Fitzgerald & Fitzgerald settled with defendants for a total of $36,000.00.