$3,937, 900 jury verdict for the 37 year
old man who developed cervical dystonia (spasmotic torticollis)
after an automobile accident. |
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Plaintiff was stopped
at a red light when his van was struck in the rear. The impact resulted
in only moderate damage to plaintiff’s van. Plaintiff refused
medical treatment at the scene, but went to an emergency room later
that day complaining of neck pain. He had no further treatment until
3 months later, when he began to experience head tremors, involuntary
head rotation to the right and difficulty turning his head to the
left. A neurologist diagnosed plaintiff with cervical dystonia (also
known as spasmotic torticollis). At trial the defense argued that
the elapsed time between the accident and the onset of symptoms proved
that the condition was unrelated. Barry Weiss convinced the New York
County jury that plaintiff’s condition was causally related
to the auto accident, and was permanent. The jury awarded plaintiff
$3,937,900 for past and future pain and suffering and medical expenses.
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