Legal Memorandum: Verdicts and Settlements in RSD Cases

Issue: What are recent jury verdicts and settlements in Kings County, New York, in cases involving reflex sympathetic dystrophy (RSD)?

Area of Law: Litigation & Procedure, Personal Injury & Negligence
Keywords: Reflex sympathetic dystrophy (RSD); Jury verdicts and settlements; Cases ranged from $30,000 to $1,500,000
Jurisdiction: New York
Cited Cases: None
Cited Statutes: None
Date: 08/01/2000

An online search through jury verdict and settlement files for Kings County cases involving toe fractures and other foot/toe injuries retrieved eleven relevant cases, four of which resulted in defense verdicts.  The verdicts awarded and settlements ranged from $30,000 to $1,500,000.  Those cases are discussed below.

Information in the Personal Injury Valuation Handbooks (1999/2000) based on national studies of recent similar cases indicates that the basic injury value for toe fractures in adult plaintiffs ranges from $1910 to over $21,060, depending on the amount of medical expenses incurred, as set forth in the research materials.[1]  The verdict median in all toe fracture cases was $23,750, the verdict probability range was from $8934 to $91,173, the actual verdict range was from $1875 to $1,425,824, and the verdict mean was $80,698.  Only two percent of all cases involving toe fractures resulted in awards of $1,000,000 or more.[2]

Certain adjustments must be applied to the basic injury values in order to conduct an appropriate evaluation of damages in this case.  For instance, in toe fracture cases, 100% of the lost wages must be added to the basic injury value.  In addition, the values must be adjusted for the venue of the law suit.  The adjustment factor for Kings County, New York is +1%.

Note that the basic injury values do not include the value of a loss of consortium or loss of services claim.  The Handbooks indicate that such values must be calculated separately.