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Xiornara Alfaro v. State Farm

Foreign exchange student injured in accident

MOTOR VEHICLE ACCIDENT: $1.129 million Settlement

Case name: Xiornara Alfaro v. State Farm

Case number: N/A — presuit settlement

Settlement amount: $1.129 million

Date of incident: Feb. 29, 2008

Insurance: State Farm

Injuries alleged: Multiple lower extremity injuries, including a right femur fracture, lacerated liver and kidney, fractured hip.

Verdict/settlement: Settlement

Settlement amount: $1.129 million

Verdict/settlement date: January 2010

Plaintiff’s attorneys: Douglas E. Swanson, Habush Habush & Rottier SC, Waukesha

Defendant’s attorneys: Negotiations were conducted via the Claims Office; unidentified legal counsel made decisions on State Farm’s behalf.

Plaintiff’s experts: Treating medical providers

Defense experts: None

Plaintiff counsel’s summary of the case: Xiomara Alfaro, a foreign exchange student from Costa Rica, was a passenger sitting in the right rear seat of a vehicle driven by her teenage classmate. At the time of the accident Alfaro was living with a host family and attending high school in Waukesha. Alfaro’s host “sister” was sitting in the front passenger seat. The driver of the vehicle made a left hand turn directly in front of oncoming traffic. As a result, Alfaro’s host “sister” was killed and Alfaro received many serious injuries, including a lacerated liver, lacerated kidney, right femur fracture and multiple lower extremity injuries. She received the vast majority of her medical care in Waukesha. After she was discharged from the hospital she was unable to reside with her host family, so she was required to return to Costa Rica. She was left with permanent orthopedic injuries to her hip and right leg. The past medical bills of $238,000 were paid by the AFS Intercultural Exchange Program’s health insurance. AFS did ultimately agree to waive its lien for all amounts paid. The future medical bills necessary to address plastic surgery issues total approximately $20,000. She is now 20 years old and pursuing her studies in Costa Rica.

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