New York Partners Joshua M. Jemal and Peter Luccarelli recently obtained a successful settlement on behalf of a municipal transportation client. The plaintiff was injured while working on a track expansion project, and was ultimately hospitalized with a serious MRSA infection for nine days, where he underwent daily, painful debridement procedures to remove dead tissue and keep the infection from spreading. The plaintiff was able to return to work but alleged permanent limitations as a result of the accident.
Due to the extremely low liability threshold for Federal Employers Liability Act (FELA claims), our client was likely facing a damages-only trial. We were able to locate a helpful liability witness and, after detailed review of the plaintiff's medical records, were able to credibly undercut the plaintiff's claims as to the seriousness of the infection and any ongoing disability.
We settled the matter for approximately 25% of plaintiff's initial settlement demand, and before our client incurred deposition, IME, and dispositive motion costs.
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