Bicyclist Struck in Intersection Sustains Fracture

Decreased mobility results in loss of muscle mass, limp
$500,000 settlement

The 49-year-old plaintiff was riding her bicycle across an intersection when she was struck by a corporate vehicle.

The plaintiff suffered a Grade 1 open fracture of the left midshaft tibia and fibula, requiring surgery to implant a locking nail-and-rod mechanism into the length of the tibia as well as a screw into the left medial malleolus for stabilization.

She remained an inpatient for 21 days, including stays in the hospital and at a rehabilitation facility.

The plaintiff’s medical bills totaled $81,862. Loss-of-earning capacity was difficult to establish because she had not been gainfully employed for several years.

The plaintiff was left with severe scarring and tenderness over the fracture and surgical sites and persistent pain from the friction of the medial ankle screw. Her decrease in mobilization resulted in a loss of muscle mass in the left lower extremity, as well as a slight limp.

The insurer agreed to mediation, and the mediator valued the case at $500,000. Each side was afforded two weeks to respond in confidence, whereby a response of “no” would not permit that party to hear the other’s response.

Both parties accepted the mediator’s figure, and the case settled within nine months of the plaintiff’s firm assuming representation.

• Type of action: Motor vehicle negligence
• Injuries alleged: Grade 1 open tibia-fibula fracture requiring
  locking rod & nail; medial malleolus fracture requiring pinning
• Name of Case: Withheld
• Court/case no.: Suffolk Superior Court, no. withheld
• Tried before judge or jury: N/A (mediated)
• Name of Mediator: Tom Porter, Case Closed
• Special damages: $81,862
• Amount of settlement: $500,000
• Date: October 2007
• Attorney: Robert I. Feinberg, Feinberg & Alban, Boston
  (for the plaintiff)