PWD Obtains $850,000 for 13 Year Old Girl with Complex Regional Pain Syndrome
A minor slipped and fell on a powdery substance at a local retailer. When she fell, an employee was stocking items just a few feet away. The minor tore a ligament in her wrist and after many months of physical therapy, the injury had become far worse. Ultimately, the diagnosis was Complex Regional Pain Syndrome, commonly called “CRPS.” (You may be familiar with its prior medical term – Reflex Sympathetic Disorder, “RSD”). CRPS was affecting the minor’s entire dominant arm and substantially interfering with her daily activities, including the ability to perform in school.
PWD sued the retailer. Discovery revealed that the employee doing the stocking was employed by a distributor. PWD then sued that distributor. PWD obtained samples of every product that had been delivered that day. At least 7 products were powdery and matched the minor’s description of what was on the floor.
Lead attorney, Skip Pita, deposed the employee that was stocking that day. Confronted with pictures that the minor’s mother had taken after the clean-up had been done, the employee reversed his prior “I don’t remember” testimony. In stunning fashion, his memory was restored and he confessed that the powdery substance was indeed scattered over the floor and that it was no more than 2-3 feet away from him. Although the distributor denied that the powder came from one of its products, the conclusion became inescapable. The employee used box cutters to open the product boxes. And again, multiple products matched both the employee’s and the minor’s description of what was on the floor.
After several failed mediations, the parties finally reached a settlement of $850,000 on the eve of trial. The trial court approved the settlement, as required for minors, along with the sound investment structure that was established for the minor, her medical care, and her future.
PWD is proud to have brought the truth to light in this case. And PWD is proud to have made a difference in the minor’s life. She will be able to get proper care for lifetime. As the medical profession learns more about CRPS, PWD hopes that breakthroughs are made to more effectively treat CRPS.
