Andreas Stoike Siebrands v. Arby Construction, Inc.

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PERSONAL INJURY: $456,000

Injuries claimed: Permanent headaches, numbness and tingling right upper extremity, damage to the occipital nerve. Patient required daily regimen of narcotics and anti-inflamatory for medication.

Court: Ozaukee County Circuit Court

Case name: Andreas Stoike Siebrands v. Arby Construction, Inc.

Case number: 06CV68

Judge: Thomas Wolfgram

Verdict & settlement: Jury returned verdict in favor of plaintiff

Original amount sought: $160,000

Original offer: $90,000

Award: $456,000

Date of incident: June 10, 2003

Disposition date: June 18, 2009

Original filing date: Jan. 25, 2008

Plaintiffs attorney (firm): Gregory J. Cook and Jeff Reitz, Greg Cook Law Offices, SC, Milwaukee

Defendants attorney (firm): John Feldbrugge, Von Briessen & Roper, Milwaukee

Insurance carrier: Self Insured

Plaintiffs expert witnesses: Dr. Braun, DC; Dr. Neal Pollack; Dr. Konstantine Tsoulfas; Dr. Jerome Lerner

Defendants expert witnesses: Dr. Craig Johnson

Plaintiff counsels’ summary of the facts: Plaintiff was a passenger in a mini-van that struck a dump truck which had failed to yield for highway traffic. The impact was about 50 mph. Airbags deployed and while he did not request medical care at the scene, he began vomitting several hours later and was admitted for treatment. He was diagnosed with soft tissue injuries. Despite conservative care with doctors in Germany, a chiropractor, neurologist and pain specialist in Wisconsin, his symptoms of chronic headeaches continued. He underwent therapy including steroid injections, nerve ablations, and TNS application. A chiropractor and two treating doctors testified his condition was permanent. A pain specialist recommended surgery to implant a permanent TNS device in his body which is manufactured by a major medical device company.

Defense strategy was to conduct an IME exam by neurologist who testified none of the objective testing, including e-ray, CAT scan and MRI studies revealed any objective evidence. Therefore there was no injury of any permanent nature.

Plaintiff called spouse and family members to attest to injury, employer who verified he hired plaintiff to do better paying job in factory but that he could not do it because of headaches, and treating doctors who all verified the injuries and treatment.

Evidence of future medical expenses ranged from $111,000 to $350,000 although IME doctor testified there was no need for any treatment in the future.

Key cross exam of IME doctor revealed he was not board certified and although he claimed no “professional connection” with the defense counsel who had retained him for the case, it was revealed that he was being represented as a plaintiff in a pending case by the same attorney.

Defense also argued that recommended surgery for implantation of TNS implant was not approved by FDA but produced no evidence to support same. Jury consisted of drug sales representative for major pharmaceutical who would have known if non-approved implants could be used.

Case lasted 3 1/2 days.