[peppermintpatty]

Judge throws out $5.2 million verdict for Hampton man in Best Buy case
Damages awarded to plaintiff were too high, judge rules

What do you think? Should there be a limit for pain and suffering for CRPS sufferers whose injuries were due to someone else's negligence?

I'm torn on this one. I'd have to see more of the evidence, since the defense is claiming that it's due to a prior injury, but IMHO if it was due to the fork lift injury, this guy should be allowed any kind of payment that might make his life a little easier.

[betsykk]

Here's the address, phone and fax. If everyone would bombard his office with info on RSD maybe he would see that it is not a huge amount of money when you factor in years and years of expensive treatments and drugs along with lost wages.

Phone: (757) 926-8561
Fax: (757) 926-8531
Clerk's Office Hours

8:00 AM - 4:30 PM


Address

2500 Washington Avenue
Courthouse Building
Newport News, VA 23607-4307

[Russell]

I guess each state has different laws concerning this...

[catra121]

I think this is a very sad decision. It's definitely not too high when you take into account lost wages, attorney's fees, and medical costs that he will have in the future...and then add to that pain and suffering. Just goes to show how little people understand what those of us with this nasty condition have to go through on a daily basis and how much it changes our lives.

But I have been told that this tends to be the tendency of judges in the current economy...they don't want to hurt big corporations because then there will be less jobs (or some such nonsense like that). If that's the motivation behind these decisions to throw out higher awards, then it is just plain wrong. This judge doesn't say what he thinks an appropriate award amount would be...just that he thinks this is just too high. That's ridiculous. And despite that the defense SAYS it is from a pre-existing injury, the judge did not rule in their favor because he still thinks the injury should be compensated and they will only be looking at the award amount in the new trial. So all he is saying is that the amount is too high. I certainly don't think so and I hope that the man with RSD gets another high award amount the second time around and is not forced to go through endless court battles and appeals.

[alt1268]

My personal thought behind this is-if it was not from a previous injury then he should be entitled to his wages till retirment plus a percentage for raises. All medical expenses in relation to the disease. If it was not caused by this injury, then you can only rule on that injury. That is what I would want and I feel that is only fair.

[kathy d]

I hope the injured man gets an even higher aware for his pain and suffering. Those of us that had injuries that happened in the workplace lose because you can barely get enough of a settlement to get through a year or two and you are done...not to mention we have to pay higher COBRA costs AND we have lost jobs. Therefore, I would love to have this person get more money. For sure this judge has never had RSD nor any of his loved ones as he would know the agony and pain we go though each day.

I had researched years ago a case in NJ where a man went into a dealership to look at a car and the shop's employee ran the car into the customer's shin. He had developed rsd IN ONLY ONE AREA OF HIS LEG. He went to court and got a $15 million settlement. Then, I think of the laughable amount I was given was not even enough to keep a family alive for a year...and compare it to the case in nj and now this one...It makes me so upset (I've had full body rsd and many other diseases caused from crushing injury to my foot in work). Not to mention all the pain and losses I've had so I believe if the jury awards the amount then the judge can't do a thing. Not fair for the poor person suffering. Just my two cents.
kathy d

[AintSoBad]

That's a lot of Deniro. I don't know how old the gentleman is, or pre existing conditions.
Judges are pretty smart, although, not so as juries.

No amount of $ will stop the pain. IF he had plans to make that much, and they could be proven, well then, that's different.

His age and LEGACY play into this!

I had 5 mil. in my own insurance, and ALL my lawyers dropped the ball.
I'm in a world of legal malpractice, and do you have any idea how difficult that is?
Esp. for someone w/rsd, and a head injury?
I cannot even add up, everything that I've lost. But, I insured it!
No difference, I have PTSD so badly, that I argue with attorneys, about what they're supposed to be working for me on! (did that make sense?)

Grrrr, I hate attorneys, and doctors most of the time too.
I just split from my doc of long time, because his wife was having a BAD day!

Sorry, I'm OT!

Love to all,
Pete

asb

[Jimking]

Originally Posted by AintSoBad

That's a lot of Deniro. I don't know how old the gentleman is, or pre existing conditions.
Judges are pretty smart, although, not so as juries.

No amount of $ will stop the pain. IF he had plans to make that much, and they could be proven, well then, that's different.

His age and LEGACY play into this!

I had 5 mil. in my own insurance, and ALL my lawyers dropped the ball.
I'm in a world of legal malpractice, and do you have any idea how difficult that is?
Esp. for someone w/rsd, and a head injury?
I cannot even add up, everything that I've lost. But, I insured it!
No difference, I have PTSD so badly, that I argue with attorneys, about what they're supposed to be working for me on! (did that make sense?)

Grrrr, I hate attorneys, and doctors most of the time too.
I just split from my doc of long time, because his wife was having a BAD day!

Sorry, I'm OT!

Love to all,
Pete

asb

Feel better Pete, for Pete's sake?

[Nanc]

Of course it all depends on if he had a pre-existing condition, etc., but knowing now what I wished I knew back in 1992 when I settled on my lawsuit....

We settled on $25,000, at that time I had $13,000 worth of medical expenses already. I was diagnosed then with RSD in the right side of my face. Now I have it in both of my hands, left arm and left leg. I was in remission for a long time, but it is back and spreading with a vengeance! The pain I experience and the medical expenses I have incurred far exceed what they thought was "fair". Also, what kind of price do you attach to the change in your ability to do the things you enjoy most in life, like hobbies, living normally, etc?

The frivolous lawsuits irritate me, and there have been far too many of them. It makes it difficult for the serious ones. When judges rule on these cases, they really need to think about the futures of the individuals...how they are going to be able to survive the rest of their lives??