Man’s lingering shoulder pain after crash leads to settlement

A man injured in a red-light crash in Grandview reached a $105,000 out-of-court settlement, according to his attorney.

Laurie Del Percio of The Horn Law Firm in Independence said that on the morning of Dec. 1, 2020, Benjamin Pierce was traveling west on 140th Street when a vehicle ran a red light at an intersection, resulting in a violent collision.

Pierce had a sudden onset of pain in his left shoulder. He declined an ambulance at the scene and hoped the pain would go way with rest and medication. But the pain persisted and was exacerbated by certain movements, prompting him to go to his primary care physician more than a month after the collision.

He was referred to physical therapy. He also underwent an MRI, an orthopedic specialist’s exam and chiropractic treatment, but got no relief. In 2021, Pierce returned to the orthopedic specialist and had an injection for treatment of left shoulder impingement syndrome. He also underwent an MRI arthrogram and a limited nerve conduction study and was diagnosed with impingement with SLAP lesion and suprascapular nerve involvement, left shoulder, Del Percio said.

Finally, Pierce underwent shoulder surgery. He tolerated the procedure well, and there were no complications.

Del Percio said the cause of Pierce’s shoulder injury and his need for surgery were contested. Expert reports were key in reaching a successful settlement, she said.

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$105,000 settlement

Motor Vehicle Collision

Venue: Jackson County

Case Number/Date: Not filed/Jan. 3, 2023

Plaintiff’s Experts: Dr. Daniel D. Zimmerman, Westwood, Kansas (medical); Dr. Daniel Bortnick, Leawood, Kansas (medical)

Special Damages: $119,683.50 past medical (billed); $83,162.92 past medical (written-off)

Caption: Benjamin E. Pierce v. Michael Hanks

Plaintiff’s Attorney: Laurie L. Del Percio, The Horn Law Firm, Independence

Defendant’s Attorney: None