Case details

Plaintiff claimed ongoing knee pain after fall in store

SUMMARY

$1250000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
knee, medial meniscus, neurological, patella, reflex sympathetic, tear
FACTS
On Jan. 4, 2019, plaintiff Rosario Soto, a 48-year-old unemployed woman, fell while she was shopping in the produce section of Garcia’s Supermarket, in Kerman. Soto sustained to her left knee. Soto sued the supermarket’s operators, Guadalupe Flores and Bertha Flores. Soto alleged that the defendants failed to properly maintain the premises, creating a dangerous condition. Soto claimed she tripped on the corner of a square pallet that was sticking out from underneath an octagonal produce bin. Defense counsel contended that the pallet/bin combination was open and obvious and that it was clearly visible to customers., Soto sustained a torn medial meniscus in her left knee, resulting in trochlea dysplasia (when a knee’s trochlea becomes flat or dome-shaped, causing the patella to lose stability and track to the outside of the knee as the knee bends) and patellar maltracking (also known as patellar tracking disorder, which is when the movement of the kneecap is not aligned). Soto was taken to a hospital, where she was treated and released. She later underwent a partial medial meniscectomy, which was performed arthroscopically, in June 2019. Soto then underwent injections and physical therapy for seven months, which was unsuccessful. Soto claimed that the pain in her left knee and leg remains severe and that she was ultimately diagnosed with complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. She also claimed that she has difficulty walking and requires the use of a cane. Soto claimed that she will require future medical care, including a lumbar sympathetic injection at L2 and L3, to see if it will provide any relief before moving forward with more invasive procedures. She also claimed that future treatment could include Ketamine infusions, which would consist of one infusion a week for four weeks, and a surgically-implanted spinal cord stimulation delivery system, which would be performed on an outpatient basis. She alleged that if the prior treatments are unsuccessful, she would be a candidate for a surgical implantation of an intrathecal delivery system for the purpose of providing ziconotide intrathecally onto the spinal cord receptors. Soto sought recovery of $8,476.33 in past Howell medical costs and at least $100,000 in estimated future medical costs. She also sought recovery of non-economic damages for her past and future pain and suffering.
COURT
Superior Court of Fresno County, Fresno, CA

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