Dan Bausher was able to recently negotiate a settlement in the amount of $1.6 million for a client injured in a motorcycle accident.  The 21 year old motorcycle operator was returning from the Jersey Shore when he was involved in a motorcycle accident on Route 42 as he approached Philadelphia.  A collision occurred between two other vehicles which forced one of the vehicles into the concrete median, breaking the left rear wheel off the axle.  The force of the impact projected the wheel into the opposing lanes of travel where it was struck by a third vehicle, throwing it back into the original lane of travel where it struck our client’s motorcycle causing him to crash.  The client suffered a brachial plexus injury to his right arm and shoulder which resulted in partial paralysis of his right arm. 

The injury involved an avulsion of the trunks and chords of the right brachial plexus.  Initially our client could only move the fingers slightly on his right hand.  Physical therapy improved his condition so he could move his fingers, hand and wrist to a greater degree although it was painful for him to do so.  He had no biceps function.  He underwent two surgical procedures.  The first procedure was a suprascapular nerve graft with a supraclavicular brachial plexus exploration.  The second procedure was an Oberlin Plus procedure for muscular reinnervation.  With the two surgical procedures on the nerves in his right arm, his treating physicians were able to restore some function to his right dominant arm, but he remains severely restricted.  Although he can move his hand and fingers and can bend his arm slightly, he cannot raise his arm above his waist and will be permanently unable to perform his pre-existing occupation as a chef.  Suit was filed in United States District Court for the District of New Jersey in Camden.  The case recently settled as a result of a private mediation that was arranged by the parties.

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