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Legal Memorandum: Humerus Fractures and Shoulder Replacement

Issue: Jury verdicts and settlements involving New York plaintiffs suffering a fractured humerus and/or shoulder replacement.

Area of Law: Personal Injury & Negligence
Keywords: Fractured humerus; Shoulder replacement; Verdicts and settlements
Jurisdiction: New York
Cited Cases: None
Cited Statutes: None
Date: 11/01/2006

An online search through jury verdict and settlement files in several databases and review of published materials for cases involving New York plaintiffs suffering a fractured humerus since 2000 yielded 16 verdicts and settlements reports.  Likewise, 6 verdict and settlement reports of New York plaintiffs undergoing shoulder replacement surgery in the past 10 years were located.  Of those verdicts and settlements, 14 occurred in Bronx County, New York County, Queens County, and Westchester County, with 8 reported from other New York counties.  Plaintiffs’ verdicts and settlements involving humerus fractures ranged from $35,000 to $3,682,000, with an average of $851,400.  Shoulder replacement awards ranged from $28,000 to $2,024,000, with an average of $750,625.

Case valuation information in the Personal Injury Valuation Handbooks is often a constructive resource in attempting to determine the value of a case.  The Valuation Handbooks indicate that nationwide verdicts and settlements through 2005 in all reported personal injury cases resulting in a fractured humerus or shoulder injuries for plaintiffs of all age groups varied according to the following tables. 


Nationwide Verdicts Relating to Shoulder Injuries

Verdict Median

Verdict Range

Verdict Mean1

Awards over $1,000,000

Fractures

$69,295

$1689–$1,900,000

$177,135

4%

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