Case details

Pedestrian struck on sidewalk claimed ongoing heel condition

SUMMARY

$2100000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
degloving, epidermis, foot, fracture, gangrene, heel, left heel, post-traumatic stress disorder, PTSD
FACTS
On April 8, 2012, plaintiff Regina Ramos, 25, a post-graduate pre-medical student, was walking on the sidewalk of Glendon Avenue, in Westwood, when she was struck by a vehicle operated by Michael Motamed. Ramos sustained to her left heel. Ramos sued the driver, Michael Motamed, and the registered owner of the vehicle, Amir Motamed. Ramos alleged that Michael Motamed was negligent in the operation of his vehicle and that Amir Motamed was vicariously liable for Michael Motamed’s actions. Prior to trial, Amir Motamed was dismissed from the case for a waiver of costs. Ramos claimed that Michael Motamed lost control of his vehicle, causing it to jump the sidewalk and strike her. Michael Motamed initially denied liability, but ultimately accepted responsibility while on the stand at trial., Ramos suffered a left midfoot fracture and a degloving injury to her left heel. She was subsequently taken to Ronald Reagan UCLA Medical Center, in Los Angeles, and ultimately had to undergo numerous surgeries over the next three years. While in the emergency room, Ramos was admitted and underwent surgery that consisted of the insertion of K-wires and pins to align the bones of the midfoot. She also had the skin of her left heel sutured. Ramos remained hospitalized for five days while she underwent the surgery. Four weeks later she developed gangrene due to her skin not surviving the trauma and she ultimately underwent a debridement of the heel skin. As a result, she remained hospitalized for six days for fear of infection. Ramos then underwent a skin graft two weeks after the debridement surgery, requiring another four days in the hospital. Within four months of the accident, Ramos had the pins removed and she was told to be weight bearing, as tolerated. She then began physical therapy and was given orthotics to wear. However, 15 months after the accident, she underwent a fusion of the second and third metatarsals to the cuneiforms on her left foot with the insertion of plates and screws, which required an overnight stay at the hospital. Ramos then underwent two dermal grafts, nine months apart and a little over 1.5 years post-injury. During the outpatient dermal graft procedures, fat had to be liposuctioned from Ramos’ stomach and inserted into the heel pad to give it cushion. In addition, between the dermal grafts, Ramos had to undergo a cheilectomy, an outpatient surgery to remove a bone spur at the big toe on Ramos’ left foot. In between the fusion of the metatarsals and the dermal grafts, Ramos had a period of non-weight bearing and physical therapy. Ramos claimed that she also suffered post-traumatic stress disorder as a result of the accident. she claimed that as a result, she required 61 visits with a psychologist over 3 years. At the time of the crash, Ramos was taking post-graduate classes to apply to medical school and was studying for her MCATs. By the end of 2012, Ramos was back at work and school, driving, and walking. By the end of 2013, she was essentially back to going to the gym two times per week and walking with a normal gait. By that time, Ramos was not taking any pain medications, except for short times post-surgery. She also claimed that she was able to do most things she used to be able to do, except that she had to watch the level and extent of her activities. She claimed that her main issue was the loss of the fat pad in her heel at the skin graft site. Thus, Ramos alleged that she has diminished sensation at graft site and that if she overexerts herself, she can develop blisters and ulcers, which could increase the risk of infection and infect the bone, if not taken care of. She claimed that as a result, each time she gets these ulcers, she resorts to antibiotic ointment and stays off her feet until they heal since there is not a great solution for that condition. The plaintiff’s medical experts opined that Ramos will likely require additional fusions, skin grafts and other procedures to address the extra pressure on adjacent joints due to her prior fusion and lack of the fat pad on her heel. They also opined that Ramos will be at risk for osteomyelitis, which, if it occurs, could result in significant complications, including extended antibiotic treatment and, at worst case, an amputation. Thus, Ramos sought recovery of $200,000 in past medical expenses and a range of $350,000 to $800,000 in future life care needs, which would include orthopedic care, plastic surgery, and psychological counseling costs. She did not present a loss of earnings claim, but she also sought recovery of damages for her past and future pain and suffering. Defense counsel argued that Ramos made good recovery and required no future care costs. The defense’s orthopedic surgery expert opined that Ramos is fine. In regard to Ramos’ heel, the defense expert testified that Ramos should simply “baby it,” avoid activities that cause blisters, and care for it to not let it be infected.
COURT
Superior Court of Los Angeles County, Torrance, CA

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