Result

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.

On June 23, 2012, Clients attended a banquet at the Waterclub in North Quincy, MA. A bouncer assaulted Client 1 by placing him in a guillotine-style chokehold causing him to lose consciousness temporarily. The bouncer then kicked Client 1 in the right side of the face with his shod foot. Bouncers dragged Client 1 outside onto the boardwalk where they proceeded to assault him, kick him, and punch, as he remained defenseless on the ground. Meanwhile, Client 2 came to his brother’s assistance and he was assaulted in the process by the bouncers as well in a similar fashion, forcibly taken him to the ground and kicking him repeatedly, as he was curled in a fetal position. Client 1 sustained a laceration to the right eyebrow, which required ten sutures, and a second laceration to the right upper eyelid, which required two sutures. In addition, Client 1 sustained a concussion and post-concussive headaches, which required follow-up neurological treatment, which affected his performance at work. Client 2 sustained a broken nose and a concussion. After presenting the insurance company with evidence on liability, the first adjuster represented to Attorney Noonan that the insurance company was conceding liability. Unbeknownst to Attorney Noonan, the first adjuster left the insurance company. The second adjuster assigned to the claim denied liability and Attorney Noonan sent a 93A/176D demand letter to the insurance company alleging bad faith and misrepresentation. As a result, the claim was assigned to a third adjuster, a litigation specialist. In response to the 91A demand, the insurance company extended a preliminary settlement offer of $65,000 to settle both claims. Attorney Noonan obtained four witness statements from independent witnesses witnessing the bouncer assaults on both clients.

Case Results: Through extensive and hard-fought negotiations, the Law Office of Gerald J. Noonan was able to increase the settlement to a final figure of $160,000 to settle both claims.

In 2012 a 67 year old client was rear-ended by another automobile. Prior to the accident the client was treating with an orthopedic surgeon for mild bilateral foraminal narrowing at L4-5 due to disc bulge and grade 1 anterolisthesis. The client underwent 3 epidural steroid injections prior to the accident and the orthopedic surgeon had already recommended surgery prior to the accident. The back surgery recommendation consisted of L4-L5 decompression and transforaminal lumbar interbody fusion. After the accident the client’s pain and symptoms worsened and he underwent the L4-L5 decompression and transforaminal lumbar interbody fusion surgery. The insurance company argued that the problems with the client’s back and the need for surgery existed prior to the accident. Attorney Brendan J. Noonan retained an expert neurologist and an expert orthopedic surgeon. They looked over all the medical records and they argued that the MRI that was performed 7 days prior to the accident was different than the MRI that was performed 3 days after the accident. They were able secure a quick settlement with the other driver’s insurance carrier for the $20,000 policy limits. However, the underinsurance carrier dragged their feet.

Case Results: One week before arbitration the client’s insurance company settled the claim with Attorney Brendan J. Noonan for $115,000.00. After settling the underinsured claim Attorney Brendan J. Noonan brought an insurance bad faith claim against the client’s insurance company for unfair settlement practices under G.L. c. 176D. He settled that bad faith insurance claim for an additional $14,000 for a total recovery of $149,000.

On May 30, 2014 Husband was operating his vehicle with his wife in the front passenger seat and they were stopped at a stop sign when they were rear-ended by a driver suspected to be under the influence of alcohol. The husband, an MBTA contractor, sustained some soft tissue injuries to his back for which he received physical therapy treatment, and the symptoms resolved and he returned to work.

Case Results: Attorney Patrick J. Noonan settled his claim for $12,000.

The wife sustained a tear to the left rotator cuff, which required surgery and three cortisone injections. The wife also sustained post-traumatic stress disorder because her son was killed in a motor vehicle accident years ago by a drunk driver and this incident re-triggered that underlying condition.

Case Results: Attorney Patrick J. Noonan settled her claim for the policy maximum of $100,000.

Elderly client slipped and fell in a parking lot. The client broke her right shoulder. Attorney Gerald J. Noonan settled the case for $130,000.

Client was a front seat passenger in T-bone collision in 2014.

Case Results: Attorney Brendan J. Noonan settled the claim for policy max of $100,000.

On December 30, 2006, Client was passenger in a low-impact rear-end collision. Client did not seek medical attention until January 8, 2007 at which point he complained of neck pain and lower back pain. Approximately 6 months before the MVA, Client was involved in an accident in which he sustained injuries to the cervical spine for which he received treatment. In connection with this MVA, client received a series of epidural injections and radiofrequency injections to the cervical spine and lumbar spine. Attorney Gerald J. Noonan filed suit and the matter was heard at Arbitration. The key issue at Arbitration was the Client’s per-existing injuries to the cervical spine.

Case Results: After Attorney Gerald J. Noonan Arbitrated the case and the client was awarded $100,000.

On July 13, 2003, Client was struck by a motor vehicle while she was riding her bicycle. She sustained a fracture of the left medial malleolus and a fracture to the left ankle, which required surgery. The case settled with the bodily injury carrier for the policy limit. Our law office pursued a claim against the under-insurance carrier seeking the policy limit because Client sustained a left knee injury, which also required surgery. The under-insurance carrier denied that the left knee injury was causally related to the car accident because the Client did not complaint of left knee pain until 15-months after the accident.

Case Results: The case was settled after arbitration.

On June 14, 2011, Client was involved in a rear-end collision. Client did not go to the emergency until 06/22/11, 8 days after the accident. At the emergency room, the client did not complain of shoulder pain. Client first complained of left shoulder pain on 06/29/11 when treating with a chiropractor. Client was referred to physical therapy where he received treatment for the left shoulder injury without success. On July 30, 2011, an MRI disclosed a very thin tear to the supraspinatus tendon. On October 19, 2012, client under surgery to repair to the torn rotator cuff. The insurance company made an initial settlement offer of $11,000, citing certain degenerative findings in the MRI and the client’s failure to report any shoulder pain until 15 days after the accident.

Case Results: Case settled for $97,500.00.

54-year-old visiting nurse was involved in a low impact rear-ended accident while driving from one client’s home to another client’s home. Client went to the emergency room where she is diagnosed with a cervical strain. The client later presented to her primary care physician who ordered an X-ray of the cervical spine. The x-ray revealed Cervical spondylosis, moderately advanced, hypertrophic changes, multi-level disc degeneration and bilateral foraminal stenosis. Client then had an MRI of the cervical spine which revealed cervical stenosis and cervical spondylosis. Client then had an EMG which came back negative for radiculopathy. She underwent physical therapy and 3 cervical spine epidural steroid injections.

Attorney Brendan J. Noonan was able to settle the car accident claim for $82,000. He also helped the client get a lump sum workers compensation settlement in the amount of $77,500. He also helped the client get over $50,000 in lost wages.

Case Results: Attorney Brendan J. Noonan settled the auto accident claim in 2016 for $82,000.00