Case Study #6:
Aaronson Rappaport’s medical expertise provides a breakthrough
Client: A major automobile manufacturer
Type of Case: Seat back and seat belt automobile product liability
Background: A vehicle hit a tree, rendering one passenger a quadriplegic. The passenger’s condition improved and he eventually regained the use of his body from the waist up (becoming a paraplegic).
Suit Filed: The plaintiff alleged that a defective automobile seat back and seat belt caused the plaintiff's injuries.
Case History: A major Wall Street law firm had managed this case for five years before it was brought to Aaronson Rappaport.
Legal/Medical Approach: After taking over this case, attorneys at Aaronson Rappaport began sifting through boxes of medical records and immediately spotted a medical error that had eluded previous counsel.
The records showed that the victim had regained use of his upper body--a red flag. A high spinal fracture as alleged would make this impossible. Aaronson Rappaport’s attorneys fully investigated the medical aspects of this case to determine the cause of the victim’s paralysis.
Our medical investigation revealed that the most likely cause of the paralysis was spinal cord swelling. Additionally, they found that had the victim’s swelling been treated properly in the emergency room, he may have been able to regain full use of his body.
Result: The discovery of the medical error resulted in the plaintiff commencing a medical malpractice action against the physicians. This enabled our client to settle this claim for a fraction of its sustainable value.