Hernated Disc

Published on: June 30, 2024

Court assessed whether injuries were serious as required by insurance law. Massillon v. Regalado, 176 A.D.3d 600 (N.Y. App. Div. 2019)

by Stephen Bilkis

A 90/180-day claim typically refers to a type of claim under New York’s No-Fault Insurance Law (Insurance Law § 5102(d)). It involves an assertion by a plaintiff that they suffered a qualifying injury that impaired their ability to perform substantially all of their daily activities for at least 90 out of the 180 days following a motor vehicle accident. This claim is significant because it can affect the determination of whether a plaintiff meets the threshold for “serious injury” under New York law, which is required to bring a lawsuit for damages beyond basic no-fault benefits.

In the case of Massillon v. Regalado, the Supreme Court of Bronx County considered issues related to the 90/180-claim rule as well as whether the plaintiff suffered a serious injury as defined by insurance law.

Background Facts

Published on: March 5, 2013

Enterprise car is involved in an accident which causes injuries

by Stephen Bilkis

This is an action to recover damages for personal injuries allegedly sustained by the plaintiff when her vehicle was struck by a vehicle owned and leased by the defendant Enterprise, and operated by the defendant Driver. The accident occurred on South Edgemere at or near its intersection with South Elmwood in the Town of East Hampton, Suffolk County, New York. By her bill of particulars, a rep said that the plaintiff alleges that as a result of said accident she sustained serious injuries including central posterior protruded disc herniation at C2-3, C3-4, C4-5; left paramedian posterior protruded disc herniation at C5-6 and C6-7; acute cervical sprain and strain with radiculitis; bilateral C5-6 cervical radiculopathy; aggravation of pre-existing spine injury to the lumbar spine; disc bulge at L3-4; disc bulge at L4-5 contacting left L4 nerve roots within the neural foramen; supraspinatus tendinosis in right shoulder; brachial neuritis; and tinitus in right and left ears. In addition, the plaintiff alleges that she was confined to bed from July 4, 2009 until August 4, 2009, except to attend medical appointments, and was confined to home from July 4, 2009 until September 29, 2009 and intermittently thereafter except to attend medical appointments. The plaintiff also claims that following said accident she was incapacitated from her employment as a director of resident relations in a company, as an assisted living facility, in Massapequa, New York from July 4, 2009 until September 29, 2009, from December 5, 2009 until December 9, 2009, and from December 30, 2009 until January 6, 2010.

A source said that, the NYC defendant Enterprise now moves for dismissal of the claims against it for failure to state a cause of action as well as for summary judgment based on 49 USC § 30106 (the Graves Amendment). Defendant Enterprise submits a faxed copy of an affidavit of its employee, that lacks an original signature. The Court considers said affidavit despite its defect. The said employee indicates in his affidavit that he is a regional risk supervisor for defendant Enterprise, and that the day before the subject accident, defendant Enterprise rented its vehicle, a Chevy vehicle, to defendant Driver who signed a rental agreement. He also indicates that a search of records related to said vehicle revealed no pre-accident complaints or evidence of any performance or maintenance problems, and that defendant Driver was not employed by defendant Enterprise on the date of the accident.

On August 10, 2005, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), a comprehensive transportation bill that included the Graves Amendment, was signed into law. The Act is now codified at 49 USC § 30106. The section is entitled “Rented or leased motor vehicle safety and responsibility”. “The section applies to all actions commenced on or after August 10, 2005, and has been enforced as preempting the vicarious liability imposed on commercial lessors by Vehicle and Traffic Law § 388”.

Published on: February 27, 2013

A forty-seven year old warehouseman for a closet manufacturing company

by Stephen Bilkis

A forty-seven year old Staten Island warehouseman for a closet manufacturing company was operating a forklift at the workplace. This was his regular duty for the past three and a half years of employment there. Also as part of his regular job, he lifted boxes to and from the stocks. On May 16, 1996, the warehouseman was unloading a pallet of boxes. A box fell from the pile and hit him on the back of the head. He experienced pain and the weight and sudden impact of the box caused him to fall on his knee. After that incident at work, he began to experience backand neck pain.

He went to see a Westchester neurosurgeon to determine the injury he suffered and to get a diagnosis of what caused his pain. The employer and the servicing agent agreed to compensate the warehouseman and to pay him temporary disability benefits. Medical tests were conducted and the neurosurgeon discovered that the warehouseman had a preexisting medical condition called spinal stenosis. It is a kind of arthritis of the spine. It is congenital and degenerative. A traumatic injury is sometimes the first sign that a person suffers from spinal stenosis. Here, when the box fell on the warehouseman’s head, his back was twisted and the nerves in his lower spine bruised against his bone causing pain.

The neurosurgeon recommended treatment through physical therapy and restricted his lifting of heavy objects at work and in daily activities. The warehouseman’s back and neck pain was not resolved so the neurosurgeon recommended that he go on a diet to lose excess weight to relieve the weight carried by his spine but still the pain was not alleviated. In 1997, a year after the accident, the neurosurgeon recommended surgery to repair the damage to his spine.

Published on: May 15, 2012

Five Things to Know About Worker’s Compensation

by Stephen Bilkis

There are five things spine surgeons should consider when working on patients who are paying via workers’ compensation.

First: It might be best to do it in an ASC. Workers’ compensation cases often have better compensation for spine cases when they are performed in an ambulatory surgery center. A well-known spinal doctor told a rep that many of his workers’ compensation cases could easily be performed in an outpatient setting. These bolster the funding for the ASC and create a better relationship with workers’ compensation organizations.

Second: Pay attention to psychological concerns. Every doctor knows to evaluate a patient physically to get the best possible outcome for treatment. But that’s often only half the issue. Surgeons should look into the patient’s psychological health and motivation to recover, as well. Sometimes, it’s difficult for workers’ compensation patients to return work, due to psychological reasons and a lack of motivation. “We try to minimize exposure to workers’ compensation patients unless there is a motivation from the patient to get better,” a neurosurgeon said. Often, these patients have been on pain medication for a long time, which complicates matters further.

Published on: February 21, 2012

Those with Spinal Injuries May be Prone to Pressure Sores

by Stephen Bilkis

While there are many people who have suffered spinal cord injuriesand have gone on to a full recovery, there are also many who must live the rest of their lives with decreased mobility due to their injuries like a herniated disc. In one doctor’s many years of experience dealing with these types of injuries, we have learned that people who have suffered from spinal cord injuries must take care to prevent pressure sores.

Although pressure sores have many names associated with them, once you have one it can take months to heal if not properly cared for. The investigator knows that pressure sores are caused by the loss of blood flow to an area of the skin that results in the skin or underlying tissue dying. This is often caused when pressure is applied to the skin area as you rest, especially if the area is somewhat bony. This is a problem with anyone who must lie or sit for extended periods, and especially when there is a loss of feeling in an area. Hospitals and doctors in Nassau and Suffolk Counties try to be sensitive to this problem and act accordingly.

It is recommended that if you have a spinal cord injury either you or your caregiver should check for a red area on your skin, as this is usually a sign that a pressure sore is beginning. If the redness dissipates after about 30 minutes after releasing the pressure it should be ok, but if the redness persists then a there is a strong likelihood that a pressure sore is forming. For those with dark skin, there will likely be a change in skin color, which may become develop into dry, flaky, and even a little lighter in color than normal.

Published on: February 6, 2012

California Company Announces Stem Cell Trial to Treat Spinal Cord Injuries

by Stephen Bilkis

Stem Cells, Inc. has announced the initiation of a clinical trial that will see the implantation of stem cells into patients with spinal cord injuries, a reporter learned today. The study in which the first phase will last one year, is currently open for enrollment and will include 12 patients whose spinal cord injuries like herniated discs are chronic and have occurred within varying periods of three and 12 months ago.

This is a landmark study in hospitals in Long Island and Manhattan and seeks to treat those patients who by the definition of chronic have “reached a plateau in their recovery,” and are less likely to experience increased function. This level is normally reached several months after the spinal injury occurred, sources told a relative. If successful, the long-term impacts of this study would give those patients who would have run out of available options for further treatment and rehabilitation.

It has long been recognized that spinal cells attempt to regenerate, but are unable to proceed beyond a certain point without some measure of intervention. Scientists have assisted with some regeneration by providing nutrition directly to the spinal cells. This clinical trial will attempt a new approach. Both California based Stem Cells and the doctors are hoping that the implantation of stem cells will induce the spinal cord cells to grow on their own. It is expected that if this is successful that there should be an improvement in the patient’s sensory and motor function, as well as other bodily functions such as bowel and bladder.

Published on: January 15, 2012

High School Senior Recovers After Spinal Injury

by Stephen Bilkis

A high school senior, name withheld for privacy, is preparing to return to the soccer field this summer, and then play college soccer this fall, sources have told a rep. Like most high school seniors, making the transition from senior to college freshman can be a big deal. This can be an especially big deal when athletes take the step. It can be an even bigger step when the college bound athlete is recovering from a spinal cord injury.

The doctor discovered that this young athlete’s spine was fractured in three places during his last high school soccer season. His opinion is that it happened in the last game. It was not a herniated disc. Since that time, he has been out of athletics, and after surgery, he has spent much of that time in rehab and recovery. Although he has not been cleared for full contact yet, he has been cleared to resume running and weight training. He expects to be cleared for contact in about a month he said.

The senior is reportedly gaining strength and has constantly maintained a positive attitude throughout the entire affair, a friend was told. The youth’s future college coach is extremely impressed with the young man’s progress and has nothing but good things to say about him. He says that the youth has good soccer technique, decision-making skills, and a very strong work ethic. He also added that although he signed the young athlete for a certain position on the field, that he is versatile enough to play in any position the team would need him.

Published on: January 12, 2012

Baseball Player Injured after Colliding with another Player

by Stephen Bilkis

A baseball player for the Georgia Bulldogs was injured during a game when he ran into another player. Both players were trying to catch a line drive during the third inning. The player, an outfielder, was taken off the field in a stretcher and transported to a nearby hospital, reports the team trainer. The player was treated for a few minor injuries and then underwent neck surgery to stabilize his spine. At present, little information is known whether the player will suffer permanent spinal injury like a herniated disc. The player was transferred from the hospital and rehabilitation center, however.

The player is a 20-year old junior who had played 117 games for the Bulldogs. Additional stats include 91 starts and a .312 overall batting average. The player was injured in a game against Florida State. The player’s coach has offered his condolences to the player’s family and hopes the player recovers soon. The player will most likely have to miss the rest of the baseball season. Hopefully, he will be able to return next season to play as a senior.

The other player, a second baseman, was able to walk off the field without help from medical personnel. He suffered only minor injuries. This is not the first incident of a Georgia State baseball player ending up with spinal injuries. In 2009, another player was riding his scooter on campus when he was hit by a campus vehicle. The player ended up paralyzed from the waist. This ended his baseball career, says a doctor.

Published on: December 23, 2011

Military Is Heavy Burden to Soldiers

by Stephen Bilkis

United States soldiers have a great burden to bear – literally, according to studies. One such soldier wore all the typical gear – body armor, a vest and pack for his radio, batteries, food, water, flashlight, ammunition, and all the rest of the things he needed in the field. Together with his M4 rifle, all of his equipment weight 70 to 80 pounds and he could feel the weight keenly.

He was in pain, especially when his squad was under fire. Running or diving on the ground was especially excruciating, making his neck and shoulders burn intensely in agony. Some soldiers have suffered herniated discs.

The soldier has now been back in Washington State for two-and-a-half years, doctors have learned. He has been diagnosed with bone spurs in the vertebrae of his neck. The cause? A degenerative arthritic condition. The pain can be so intense that he has trouble getting out of bed in the morning.

Published on: December 17, 2011

Military Strives to Provide Recovery to Spinal Injuries

by Stephen Bilkis

The military has been working hard to find new ways to treat musculoskeletal injuries, studies have learned. Teams of physical therapists and other specialists have been created by the Army to keep a closer eye on infantry brigades, and have implemented better screening techniques to find serious spinal injuries. Still, some soldiers say their injuries are often discounted by physician assistants, who are often the ones who see the soldiers first. These assistants determine who will get more extensive workups by doctors in military hospitals.

A sergeant in the Army with the 5th Stryker Brigade complained of a sore back during training. A physician assistant at the Madigan Army Medical Center was convinced the soreness was simply due to muscle pain.

The sergeant told an interested party that he had to pay out of his own pocket for an MRI, which showed he had a herniated disc. He went to Afghanistan in 2009 anyway, deciding to wait until returning to Washington state to be treated in summer 2010.