Case details

Life-long pain management required for toe injury: plaintiff

SUMMARY

$8000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
nerve, neurological, reflex sympathetic
FACTS
On March 29, 2014, plaintiff Silvia Flores, an operations and development employee in her 40s who worked for a community college association, was attending a conference at Dodd Hall, at the University of California, Los Angeles, when one of the tables provided by the university suddenly and unexpectedly collapsed onto her left foot. She claimed to her left foot. Flores sued the operator of UCLA, the Regents of the University of California, alleging that the Regents created a dangerous condition. The Regents did not admit any negligence, but the main issue in dispute was the amount of Flores’ damages., Flores claimed that the nerves in the large toe of her left foot were crushed. She subsequently presented to an emergency room that same day, and her treating doctors confirmed a diagnosis of complex regional pain syndrome Type 2, in which there is specific evidence of a nerve injury. (Complex regional pain syndrome is also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition.) Flores was scheduled to undergo ketamine injections at a hospital in August 2017. She was also scheduled to either be injected with additional ketamine or have a pain pump implanted in December 2017, but she did not receive the injections or have a pain pump implanted. Plaintiff’s counsel contended that regardless of whether or not Flores received ketamine injections or a pain pump implant, Flores would require life-long pain management care and psychological care. Flores was able to return to work on an intermittent basis. She also claimed that her job accommodated her by keeping her at a desk position, as opposed to one involving walking. Flores’ husband, William Pierce, presented a derivative claim seeking recovery for his loss of consortium. Defense counsel contended that Flores’ CRPS condition would improve with the ketamine injections and/or a pain pump implant, which would minimize the amount of Flores’ alleged future medical care.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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