GMR Partner Jeff Tenthoff secured his 8th defense verdict of the year on a rear-end accident with a full tort Plaintiff who alleged concussion and post-concussive syndrome. The plaintiff alleged headaches, nausea, vertigo, difficulty concentrating, mental fatigue, and eye strain with the use of computer screens as a result of his post-concussive syndrome. He did not seek any immediate treatment but was eventually referred to the Bryn Mawr Concussion Center by his primary care physician, where he treated for over a year, including cognitive, vestibular, and vision therapy, as well as various consultations with neurophthalmologists and neuropsychologists.
Plaintiff’s expert relied heavily on the neuropsychologist’s findings, showing lower-than-expected results on specific tests. The plaintiff testified at length regarding the impact his concussion and lingering sequelae had on his relationship with his wife and young children, as well as making his work challenging and painful due to the headaches his use of his computer would cause, especially while attempting to play video games with his children or conducting Zoom depositions.
Despite plaintiff’s sympathetic testimony, Jeff’s cross-examinations and common-sense arguments convinced the jury to find the plaintiff did not meet his burden on factual cause.
