In 2014 our Client was driving South on Route 24 in the high-speed lane when the front driver’s side tire from Jane Doe’s vehicle, which was traveling in the northbound lane, bounced over the jersey barrier and smashed into the client’s vehicle. The loose tire rolled over the hood and into and over the windshield. The tire effectively peeled back the vehicle’s roof. The Client was able to safely bring her vehicle to a stop in the high speed lane.

The Client was transported to Boston Medical Center. CT Scans were administered to clear the patient of fractures and soft tissue injuries. Tests were negative for both fractures and soft tissue injuries. No acute findings on head/neck/chest/abdomen/pelvis CT. Despite some subjective complaints of minor neck and pain, the client appeared to be fine.

However, the CT Scan revealed a discontinuous membrane of a the right silicone breast implant “which may represent rupture.” This wasn’t a serious finding so the client was scheduled a follow-up with a plastic surgeon and then discharged.

The Client presented to a plastic surgeon who ordered an MRI of the right breast implant. The MRI revealed a rupture. The MRI could not determine if the rupture was old/new, trauma-related or causally related to the accident.

According to the Institute of Cancer Epidemiology, Danish Cancer Society, Copenhagen, Denmark, a minimum of 15% of modern silicone implants can be expected to rupture between the third and tenth year after implantation. Furthermore, the risk of implant rupture increases with implant age. The Client’s breast implants were over 25 years old at the time of the accident. To make matters worse, ruptures of silicone breast implants are often “silent,” meaning patients and doctors may not notice them because most occur without symptoms. They can only be detected by MRI. For this reason, the FDA recommends that women with silicone implants get an MRI three years after implantation and once every two years after that. Given all this, the insurance companies were in a good position to refute and deny a causal link between the accident and the rupture.

Based on the CT scan, MRI and physical exam he could not tell if the rupture was old/new, trauma-related or causally related to the accident. Attorney Brendan J. Noonan learned these questions could be answered during the course of silicone breast implant removal and replacement surgery. Attorney Brendan J. Noonan  inquired with the plastic surgeon about this and he informed him that he might be able to make these determinations during the course of the surgery.

Attorney Brendan J. Noonan then arranged for the plastic surgeon to take steps to ensure the surgery was documented completely and accurately. The plastic surgeon had an assistant take several intraoperative photographs throughout the course of the surgery. After the surgery Attorney Noonan spoke with the plastic surgeon. The surgeon informed him that the rupture was indeed trauma related and that he could opine, to a reasonable degree of medical certainty, that the accident caused the rupture.

Case Results: Attorney Brendan J. Noonan was able to work with the insurance companies to settled all claims for $175,000.00.