In the case of Gallimore v. Mullin, the 29 year old Plaintiff underwent a single level cervical discectomy and fusion at C4-C5 and was recommended for a future lumbar discectomy. Dr. Lattuga, who testified on behalf of the Plaintiff, provided testimony that the Plaintiff would likely also require a second cervical fusion to an adjacent level in her cervical spine. The Plaintiff testified that she has consistently treated from the date of loss to the time of trial.
Plaintiff’s counsel, during summation, asked the Queens County jury for 2.5 million in past pain and suffering and 4.5 in future pain and suffering. After deliberating for 45 minutes, the Jury awarded only $300,000 for past pain and suffering and $300,000 for future pain and suffering.