Patrick Michael Murphy v. State of Delaware

The Freibott Law Firm was recently successful in securing an award for our client in the case of Patrick Michael Murphy v. State of Delaware.  We alleged in our petition before the Industrial Accident Board that our client sustained a new injury to his left lower extremity on October 22, 2014 when he was working as an equipment operator for the State of Delaware.  Our client stepped backwards into a well of a truck lift, approximately six to eight inches deep.  He twisted his left ankle which immediately began hurting but continued to work.  Because of his severe injury to his ankle, our client began to limp for at least two weeks and then began feeling sharp pains in his right knee.  Our client saw an orthopaedic surgeon soon thereafter who noted swelling in the right knee and continued sharp pain.  The orthopaedic surgeon aspirated the right knee and provided a cortisone injection; however, our client’s knee pain got worse.  A new MRI of the right knee was ordered and based upon the results, our client underwent right knee surgery on January 22, 2015.  The State of Delaware’s defense in the case was that our client’s current knee problem related back to a knee injury that he had sustained in 2010 while working for the State of Delaware.  Our client last saw a doctor for that knee injury on February 22, 2012 and there was no further treatment for the right knee in 2012, 2013, and up to October of 2014.  The Industrial Accident Board agreed with our position that our client sustained a new injury for which the State of Delaware was responsible. The Industrial Accident Board found that our client’s medical expert, Dr. Leo Raisis, was far more credible than that of the defense expert, Dr. Andrew Gelman.  Our client was awarded a closed period of total disability; the reimbursement of his medical expert witness fees; and an award of attorney’s fees.  (Patrick Michael Murphy v. State of Delaware,Hearing No.: 1364162 & 1420756)