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Philadelphia Jury Refrains from Awarding Pain and Suffering in Admitted Negligence Case with Airbag Deployment

Eamon Merrigan successfully defended his client in a case of admitted negligence. Defendant admitted that she struck the rear of Plaintiffs’ vehicle while traveling approximately 30 mph, causing airbag deployment and significant damage to both vehicles. One Plaintiff alleged permanent injuries including, but not limited to, two cervical spine herniations. His treatment included two courses of physical therapy, several courses of trigger point injections, fluid drainage from his knee, and a cervical epidural injection. A cervical spine laminectomy was also recommended. A second Plaintiff also alleged permanent injuries including, but not limited to, torn tendons and ligaments in her foot and ankle. Her treatment included two courses of physical therapy, several surgical consults, and the use of a custom-made brace for approximately one year. Mr. Merrigan argued that numerous inconsistencies in the Plaintiffs’ testimony and treatment records, as well as inconsistencies in the testimony of their medical experts, suggested that Plaintiffs were greatly exaggerating their alleged injuries, and that they underwent a great deal of unnecessary medical treatment. Ultimately, the jury awarded the first Plaintiff only 50% of his past outstanding medical bills. The second Plaintiff was awarded nothing. Prior to trial, Plaintiffs’ settlement demands were $200,000 and $100,000 respectively.