New Knee Injuries

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KNEE INJURIES                                                                                                          ISSUE 6
                                                                                                                       ISSUE


In this issue of the Hochfelder Report, you’ll
    this issue of the Hochfelder Report,                        Tibia: The medial and larger bone of the lower
                                                                Tibia: The medial and larger bone    the
discover...
discover...                                                     leg.


•     How much money New York juries
      How much money New York juries                            Patella: The kneecap.
                                                                Patella: The kneecap.
      awarded for
      awarded for knee injuries
•     How much money New York lawyers
      How much money New York lawyers                           Meniscus: A crescent shaped fibro-cartilaginous
                                                                           A crescent shaped
      accepted to settle
      accepted to settle cases                                             sits on top of
                                                                wedge that sits on top of the tibia.
                                                                wedge
      cases
•            makes a knee injury’s value
      What makes a knee injury’s value in New
      York go up or down
      York go                                                   Ligament: A cord, band or sheet of fibrous
                                                                Ligament: A cord, band or sheet of fibrous
•     Types of injuries
      Types of injuries in the low-range, mid-
                             the low-range,                     connective tissue, linking
                                                                connective tissue, linking two or more bones,
                                                                                                     or more bones,
             and high-range of values
      range and high-range of values
      range                                                                            structures together. imparts
                                                                cartilages or other structures together. It imparts
                                                                cartilages
•     Details from actual New York knee injury
      Details       actual New         knee                     stability to a joint, preventing excessive motion in
                                                                stability to a joint, preventing excessive
      cases
      cases                                                     certain directions.
•     Different types of knee injuries
      Different types of knee
•     Accurate meanings of related medical
      Accurate meanings of related medical                                 Cruciate Ligament (ACL): A A
                                                                Anterior Cruciate Ligament
      terms
      terms                                                     ligament in the knee that acts as a primary
                                                                ligament in the knee that acts as a primary
      Fine points of the knee’s anatomy                         restraint to certain movement of the tibia.
•     Fine points of the knee’s anatomy
•     More!
                                                                Medial: Of or pertaining to the side toward the
                                                                Medial: Of or pertaining to the side toward the
                                                                midline.
This week The Hochfelder Report focuses on
This week The Hochfelder Report focuses on
Injuries of the Knee. Before we analyze the
Injuries      the Knee. Before we analyze the
potential New York pain and suffering recoveries
                 York pain and suffering recoveries             Lateral: On the side; opposite of medial.
                                                                Lateral: On the side; opposite
for this type of injury, let’s define certain terms:
                 injury, let’s define certain terms:
                                                                Posterior: Rear or back surface of the body.
                                                                Posterior: Rear or back surface of
Definitions
                                                                Arthroscopy: Examination or surgical repair of
                                                                Arthroscopy: Examination or surgical repair
Knee: The articulation between the femur, the
        The articulation between    femur, the                  the interior of a joint with an arthroscope (a thin
                                                                the             a joint with an arthroscope
patella and the tibia.
patella and the tibia.                                          rod with a lens inserted into the joint through a
                                                                          a lens inserted                through a
                                                                small incision).
Femur: The thigh bone.
Femur: The thigh bone.

                 John Hochfelder a New York traumatic injury trial attorney who handles all types of personal injury
                 John Hochfelder is is a New York traumatic injury trial attorneywho handles all types of personal injury claims
                 and lawsuits. He is a member of the New York State Bar Association and New York State Trial Lawyers
                 Association, and served as a Judge for five years in Westchester County. Actively involved in his community,
                 Mr. Hochfelder has been a certified Emergency Medical Technician and is regularly called upon to lecture
                 area Ambulance Corps on EMS liability issues and lawsuits. Visit John’s website at
                 www.newyorkinjurycases.com and his blog at www.newyorkinjurycasesblog.com.
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               Report: Knee Injuries
The Hochfelder Report: Knee Injuries                                                                                      2
                                                                                                                          2


Knee Replacement: A complicated surgical
Knee Replacement: A complicated surgical                  claim regarding those injuries, see TheThe
                                                          claim regarding those injuries, see
resurfacing of the knee joint
resurfacing of the knee joint usually with sawing
                                            sawing        Hochfelder Report that deals
                                                          Hochfelder Report that deals with that specific
                                                                                             that specific
of parts of the femur and tibia and the insertion of      injury.
prosthetic rods and a kneecap.
prosthetic rods and a kneecap.
                                                          If we haven’t discussed your injury, you’re
                                                              we haven’t discussed your injury, you’re
Meniscectomy: Surgical removal of meniscal
Meniscectomy: Surgical removal of meniscal                           call John Hochfelder, who will gladly
                                                          invited to call John Hochfelder, who will gladly
cartilage.
cartilage.                                                discuss your injuries with you at no cost or
                                                          discussyour injuries with you at no cost or
                                                          obligation. You’re invited to call John toll free at
                                                                                        call John toll free at
                                                                              locally, 914-686-0900.
                                                          1-800-530-4660, or locally, 914-686-0900.
Sprain: A soft tissue injury limited the
Sprain: A soft tissue injury limited to to the
ligaments.
ligaments.
                                                          Please understand that the values set
                                                          Please understand that the values set forth here
                                                                                                      here
Chondromalacia: A softening and erosion of
Chondromalacia:      softening and erosion
                                                          are for pain and suffering only. The dollar
                                                          are      pain and suffering only. The dollar
                                                          amounts can be much higher when
                                                          amounts can be much higher when an injured  injured
articular cartilage.
                                                          person also incurs significant lost wages,
                                                          person also incurs significant lost wages,
                                                          significant medical expense payments and other
                                                                      medical expense payments          other
Cartilage: Specialized connective tissue, often
Cartilage: Specialized connective tissue, often           so-called special or out of pocket damages.
                                                          so-called special or out of pocket damages.
self-lubricating to allow joint movement.
                    allow joint movement.
                                                          Note: The verdicts and settlements described in
                                                                  The verdicts and settlements described
Now, let’s look at the knee:
     let’s look at the knee:                              this issue of The Hochfelder Report were current
                                                               issue         Hochfelder Report were current
                                                              the date of publication. If you’d like
                                                          on the date of publication. If you’d like to verify
                                                          that these case results are current, please call John
                                                          that these case results are current, please call John
The Hochfelder Report provides facts and
The Hochfelder Report provides facts and
                                                                         914-686-0900. Or, if you’re outside
                                                          Hochfelder at 914-686-0900. Or, if you’re outside
estimated ranges of value for New
estimated ranges of value for New York pain and
                                             pain and
suffering for specific traumatic injuries. Often in
                                   injuries. Often        the local area, call John toll free at 1-800-530-
                                                          the        area,      John       free at 1-800-530-
suffering      specific traumatic
                                                          4660.
                                                          4660.
trauma cases, many body parts are injured.
trauma cases, many body parts are injured. As a
result, the verdicts, settlements and case histories
            verdicts, settlements and case
that you often hear discussed on the evening news
that you often hear discussed      the evening news                         estimated New
                                                          Now, here are the estimated New York pain and
                                                               here                            pain and
or in the newspaper do not help you determine the
or in the newspaper          help you determine the       suffering values of injuries based on the
                                                          suffering values of injuries based on the
value of your injury when you have injured only
value           injury when you have                      circumstances described:
                                                          circumstances described:
body part.
body part.
                                                          Low Range of Value for a Knee Injury: $0
Therefore, please understand that if
Therefore, please understand that if you havehave         to $60,000
         a traumatic
suffered a traumatic injury to more than one part
suffered                    to more than one                    case is often valued
                                                          Your case is often valued in the $0 to $60,000
                                                                                          the $0 to $60,000
   your body, you should use the information
of your body, you should use the information in           range when any or all         following factors are
                                                          range when any or all of the following factors are
The Hochfelder Report
The Hochfelder Report only as a starting point.
                               as starting point.         present: When you have no fractures. When
                                                          present: When you have no fractures. When
The value of your case could be much less or
The value      your case could be much less               physicians dispute whether a ligament or
                                                          physicians dispute whether a ligament or
much more than the amounts discussed here.
much more than the amounts discussed here.                meniscusis torn. When you need only minor
                                                          meniscus is torn. When you need               minor
                                                          surgery or     surgery at
                                                          surgery or no surgery at all. When you have an
                                                                                         When you have an
Often, in cases involving injuries of the knee —
Often,     cases involving injuries the knee              excellent recovery. When you will       likely have
                                                          excellent recovery. When you will not likely have
resulting from slip/trip and fall trauma, car
resulting from slip/trip and fall trauma, car             future pain or disability. And when your case
                                                          future pain      disability. And when your case
accident trauma or construction injuries — the
accident trauma or construction injuries        the       would be tried in an area where juries are
                                                          would be tried in an area where juries are
victim has other injuries as well. These frequently
victim has         injuries as well. These                conservative in their awards.
                                                          conservative their awards.
include femur (thigh) or lower leg (tibia and
include femur (thigh) or lower leg             and
fibula) fractures. For information about a specific
fibula) fractures.      information about                 Actual Case: $0 in aacase where a Kings County
                                                          Actual Case: $0 in case where

John Hochfelder                          www.newyorkinjurycases.com                                      1-800-530-4660
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               Report: Knee Injuries
The Hochfelder Report: Knee Injuries                                                                                       3
                                                                                                                           3


jury determined that a man who was struck by a
     determined        man                   a             Actual Case: $90,000 pain and suffering New
                                                                    Case: $90,000 pain and suffering New
very slow-moving car did not sustain the torn
very slow-moving car           not sustain the torn        York County jury award for aa46-year-old man
                                                                 County jury award for 46-year-old man
meniscusand ligament he claimed. The jury
meniscus and ligament he claimed. The                      who fell down a stairway and sustained a tear of
                                                                fell down a stairway and sustained tear
                defense radiologist
believed the defense radiologist who stated that
believed                                   stated that     the posterior horn
                                                           the posterior horn of his right medial meniscus,
                                                                                 his right medial meniscus,
his review of the records and x-rays indicated
his review of the records and x-rays indicated             for which he underwent arthroscopic surgery —
                                                               which he underwent arthroscopic surgery
only a knee sprain and no tears. Under New
only a knee sprain and no tears. Under New                 and a complex tear his left medial meniscus,
                                                           and a complex tear of his left medial meniscus,
York’s Insurance Law (Section 5102), in a car
         Insurance Law (Section 5102), in car              which was also arthroscopically repaired (but
                                                           which was also arthroscopically repaired
accident case, there can be no pain and
accident case, there can be no pain and suffering          might not have been caused by the fall).
                                                           might not have been caused by the fall).
award unless the plaintiff can prove
award unless the plaintiff can prove he or she or she
meets the so-called threshold of a serious
meets the so-called threshold of a serious injury
                                                           Actual Case: $100,000 pain and suffering Kings
                                                           Actual Case: $100,000 pain and
as defined in the statute. For non-fracture cases, in
as defined in the statute. For non-fracture cases, in
                                                           County jury award for a man
                                                           County jury award for a man in his 20s who
                                                                                               his 20s who
general, to prove serious
general, to prove a serious injury one needs to
                                        one needs
                                                           suffered a torn medial meniscus that required
                                                           suffered a torn medial meniscus that required
                         permanence and
show some objective permanence and not mere
       some                                      mere
                                                           arthroscopic surgery. Plaintiff made an excellent
                                                           arthroscopic surgery. Plaintiff made an excellent
                                 soft tissue injuries.
sprains and non-permanent soft tissue injuries.
sprains and non-permanent                                  recovery.
                                                           recovery.
           surgery will get one past the threshold,
Usually, surgery will get one past the threshold,
but not if a jury believes the surgery was not due
         if a jury believes the surgery was not due
to the accident but was due instead to a pre-
    the accident but was due instead to pre-                         Case: $200,000 awarded
                                                           Actual Case: $200,000 awarded by Appellate
                                                                                                  Appellate
existing need.
existing need.                                             Court ruling on a New York County jury verdict
                                                           Court                         County     verdict
                                                                a 29-year-old mover who tripped and
                                                           for a 29-year-old mover who tripped and fell,
                                                           suffering a torn medial meniscus requiring two
                                                           suffering torn medial meniscus requiring
Actual Case: $36,000 pain and suffering
Actual Case: $36,000 pain and suffering                    arthroscopic surgeries. He also had developed
                                                           arthroscopic surgeries. He also had developed
            Westchester County
recovery in Westchester County for a 43-year-old
                                                           arthritis at the knee
                                                           arthritis at the knee joint due to the accident
                                                                                        due to the accident
teacher in a car accident who suffered a torn
teacher in a car accident who suffered a torn              injuries.
meniscus requiring arthroscopic surgery. She had
meniscus            arthroscopic surgery. She had
an excellent recovery.
an excellent recovery.
                                                           High Range of Value for a Knee Injury:
                                                                Range of Value for a Knee Injury:
                                                           $300,000 to $2,500,000
Actual Case: $55,000 pain and suffering
Actual Case: $55,000 pain and suffering
recovery in Westchester County lawsuit for a 40-
             Westchester County lawsuit                    Your case is often valued in the $300,000 to
                                                           Your case is often valued          the $300,000
year-old man who slipped and fell on a sidewalk            $2,500,000 range when any or all of the following
                                                           $2,500,000 range when any or all of the following
year-old man        slipped and      on a sidewalk
and suffered a torn anterior cruciate ligament. He
and suffered a                                             factors are present: When you have a
                                                           factors are present: When you have a significant
did not require surgery.
did not require surgery.                                   patella fracture. When you require multiple
                                                           patella fracture. When you require multiple
                                                           surgeries. When you have a poor to
                                                           surgeries. When you have a poor to fair recovery.
                                                           When you will likely have significant future pain
                                                           When you will likely have significant future pain
                    for Knee Injury:
Mid Range of Value for a Knee Injury:                      and disability. When additional future surgery is
                                                           and             When additional            surgery
$70,000 to $200,000                                        credibly recommended, such as a knee
                                                           credibly recommended, such as a knee
Your case is often valued in the $70,000 to
Your case is often valued     the $70,000                  replacement. And                case would
                                                           replacement. And when your case would be tried
$200,000 range when any or all of the following
$200,000 range when any or all of the following            in an area where juries are liberal their awards.
                                                           in an area where juries are liberal in their awards.
factors are present: When you have a fracture,
factors are present: When you have a fracture,
usually of the patella. When you have clearly torn
         of the                                            Actual Case: $365,000 pain and suffering award
                                                           Actual Case: $365,000 pain and suffering award
ligaments or menisci surrounding the knee. When
                       surrounding the knee.               by Appellate Court ruling on a Kings County case
                                                                               ruling on a Kings County case
you need open or complicated arthroscopic
you need open or complicated arthroscopic                  for a 44-year-old bus driver in a car accident who
surgery. When you have a fair to good recovery.
                                                               a                        in a car accident
surgery. When         have a     to good recovery.
                                                           sustained an aggravation of his pre-existing
                                                           sustained an aggravation of his pre-existing
When you will likely have some future pain
When you will likely have some future pain or
disability. And when your case would be tried in
                                                           chondromalacia resulting in three surgeries
                                                           chondromalaciaresulting in three surgeries
            And when your case          be                 including a tibial tubercle osteotomy. He uses a
                                                                     a tibial tubercle osteotomy. He uses a
          where juries are about average in
an area where juries are about average in their
an area
                                                           cane to walk.
                                                           cane to walk.
awards.
awards.


John Hochfelder                          www.newyorkinjurycases.com                                       1-800-530-4660
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               Report: Knee Injuries
The Hochfelder Report: Knee Injuries                                                                                               4
                                                                                                                                   4


Actual Case: $800,000 pain and suffering award by Appellate Court ruling on aaBronx County case for a
Actual Case: $800,000 pain and suffering award by Appellate Court ruling on Bronx County case for
                 fell over a misleveled sidewalk and sustained a              cruciate
25-year-old who fell over a misleveled sidewalk and sustained a torn anterior cruciate ligament requiring
reconstructive surgery with a hamstring graft and also a torn meniscus. It was clear that the plaintiff
reconstructive surgery with a hamstring graft and also a torn meniscus. It was clear that the plaintiff
would develop arthritis and therefore need total knee replacement surgery.
would develop arthritis and therefore need total knee replacement surgery.

Actual Case: $2,500,000 pain and suffering award by an appellate court ruling on a Bronx County case
Actual Case: $2,500,000 pain and suffering award by an appellate        ruling on a Bronx County case
                  fell and suffered extensive knee injuries requiring three surgeries to date with
for a teacher who fell and suffered extensive knee injuries requiring three surgeries to date with life
    a teacher
                           permanent daily      and at least one knee replacement surgery required
threatening complications, permanent daily pain and at least one knee replacement surgery required in
threatening
the future.




                                              You’re Invited to Call or E-mail!

                    “If you have suffered a knee injury, you’re invited to call me. I will ask questions
                    about your injury and help you determine the value of your claim.

                    Call me toll free at 1-800-530-4660 or e-mail jhochfelder@newyorkinjurycases.
                    com. I promise I’ll do everything I can to help you.”

                    —John Hochfelder



John Hochfelder                               www.newyorkinjurycases.com                                          1-800-530-4660

				
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