Client, a male in his mid 60s, was working as a plant manager/sales person, for a barrel and drum manufacturing and reconditioning company. While on a semi trailer, he stepped off and fell approximately 10 feet to the ground, fracturing his wrist.
While recovering from the right wrist fracture, an MRI was performed, which disclosed a “massive tear” of the rotator cuff. Surgical correction was performed, although the surgeon indicated the repair was a difficult one due to the fraying of the muscles and tendons and the difficulty finding enough material to actually suture together.
During recovery from the right shoulder repair, the client was instructed to perform very limited work strictly left-handed. It was during this time that he noted stabbing pain in his left shoulder. An MRI disclosed a similar full thickness tear to the left shoulder, which, the treating doctor opined was caused by the left-handed work. Surgery was performed, and, while there was frayed material in this shoulder as well, it was a slightly more productive surgery.
The client has permanent limits on what he can lift and carry but has adapted well to daily activities. Activities from carrying groceries to combing his hair present challenges, but he reports he is mostly pain-free and is able to perform his job reasonably well with modifications.
Ultimately, this case was settled using a structured settlement. In addition to funding the MSA (Medicare Set Aside) in the amount of a bit more than $73,000.00, which contemplated future reverse arthroplasties (reverse shoulder replacements) of both shoulders, regular repeated MRIs, pain medication, and routine follow up medical visits, the settlement contained nearly $210,000.00 of income tax-free money for the client.
Ultimately, the client opted for a lump sum payment of $70,000.00, plus regular payouts every three (3) years thereafter over fifteen (15) years. These payouts were approximately $25,000.00 to $35,000.00.
This settlement was achieved without having to proceed to trial, without the client ever having to testify or appear in court, and without any doctor’s depositions being requested or performed. The settlement now allows the client to look toward a secure retirement in the near future.