The Freibott Law Firm was recently successful in prosecuting a case on behalf of one of our clients in the case of Laird v. Bayhealth Medical Center. Our client was injured on May 13, 2020 while she was moving an operating table to the surgery center. The table weighed approximately 600 pounds and ultimately fell apart and fell on top of our client. Prior to the injury, our client never had any problems associated with her neck. Immediately following the work accident, our client began complaining of pain radiating into her right pointer finger and right thumb. The medical testimony in this case from the Claimant’s treating neurosurgeon, Dr. Amit Goyal, proved that the sensation that Claimant felt into her right pointer finger and right thumb was from a clear nerve dermatome originating at Claimant’s neck. Specifically, Claimant clearly either sustained a new injury at the C6 level of her cervical spine or aggravated and accelerated a prior asymptomatic condition in her neck that triggered the radicular feeling into her right index finger and thumb. The Industrial Accident Board found the Claimant’s testimony of her injury to be credible. The Industrial Accident Board further found that the Claimant’s treating neurosurgeon, Dr. Goyal, was far more credible than that of the Employer’s medical expert, Dr. Scott Rushton, and orthopedic surgeon from Lankenau Hospital. Accordingly, the Industrial Accident Board awarded ongoing total disability benefits; the payment of all medical expenses related to the Claimant’s cervical spine to include her fusion surgery; awarded reimbursement of our expert witness fees; and awarded an attorney’s fee. (Laird v. Bayhealth Medical Center, Hearing No.: 1499902 and 1507310 Date of Decision: September 3, 2021)
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