Legal Memorandum: Verdicts and Settlements for Disabling Back Injuries

Issue: What are recent jury verdicts and settlements involving surgical implantation of spinal stimulators or disabling back injuries in Nassau County, New York, or its surrounding counties?

An online search through jury verdict and settlement files in several databases and review of published materials for cases involving plaintiffs who suffered from disabling lumbar spine injuries yielded 20 verdicts and settlements reports with 10 of those reports containing awards or settlements of $1,000,000 or more.  Plaintiffs’ verdicts and settlements ranged from $20,000 to $4,000,000, with an average of $957,775.  Dropping the highest verdict and lowest figure the average becomes $840,861.  .

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 in 1998 verdicts in personal injury cases resulting in herniated or ruptured discs for plaintiffs of all age groups ranged from $1 to $17,892,114.  The median verdict was $65,000 and the average verdict, or mean, was $250,484.^[1]  Approximately 5% of all awards were above $1,000,000.  The settlement range for herniated or ruptured discs was from $250 to $4,000,000, with a median settlement of $85,000 and an average of $206,522.  In addition, the Valuation Handbooks provide information on other types of disc injuries.  For example, the verdict range for bulging or protruding discs was $1 to $1,737,412 with a median of $30,410 and an average of $85,352.  The settlement range for bulging or protruded discs was $1,000 to $750,000, with a median of $30,000 and an average of $66,679.  One final category which may be of relevance is the value for the aggravation of preexisting disc […]