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ARTICLE ID 200869

$________ UIM ARBITRATION AWARD LESS $________ RECEIVED FROM UNDERLYING DRIVER Rear end collision – Moderate impact – Cervical herniation superimposed on previously asymptomatic degenerative disc disease and spinal stenosis – Cervical fusion performed approximately three years after collision.

New York County, NY

The plaintiff, in her early 50s, contended that the underlying driver struck her in the rear. The underlying driver had a $________ policy, which was paid. The plaintiff proceeded under a $________ UIM policy, with $________ remaining available.

The plaintiff asserted that she began to develop neck pain and low back pain that progressed. The plaintiff was initially diagnosed with sprains and strains and the plaintiff maintained that although the lumbar difficulties substantially resolved, the cervical radiating pain and weakness continued to progress. The plaintiff asserted that an MRI showed cervical herniations that were superimposed on previously asymptomatic degenerative disc disease. The MRI also showed spinal stenosis.

The plaintiff claimed that when three years of conservative therapy, including chiropractic manipulations, proved to be inadequate, she underwent a cervical fusion. The plaintiff maintained that she will nonetheless permanently suffer pain and difficulties with everyday tasks, as well as a significant scar on the neck. The plaintiff further contended that she will permanently require regular orthopedic visits, massage therapy and injections approximately twice per year.

The plaintiff’s life care planning expert projected costs that ranged from slightly more than $________ to approximately $________. The defendant’s orthopedic surgeon expert maintained that the condition has been resolved.The arbitrator awarded $________, less the $________ already received from the underlying driver.

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