$3.6 Million Settlement: In December of 2019, our client Ms. Ferguson was driving on I-95 when she was rear-ended. While she was taken to the hospital after the accident, complaining of pain in her neck and back, X-rays were negative for fractures, and she was released from the hospital. The pain, however, didn’t stop. In January, her primary care physician opted to put her into therapy, and a month later, she suffered a stroke that was unrelated to the accident—but helped her find the reason for her pain. An MRI done to understand the extent of injury due to the stroke helped doctors discover the syrinx—a fluid-filled pocket on the spinal cord—that had been caused by the accident.
It was Trial Attorney Tyler J. Stampone who first consulted with Ferguson to understand the timeline of events that took place after the accident. “This was a case where visually, there isn’t a lot of damage to point to on the car,” Stampone explains, “but physically and emotionally, our client was suffering.” Though she continued her stroke treatment and was able to work from home during the pandemic, the pain only grew worse, and it became clear that she was not capable of continuing her employment efforts when called to go back into the office.
“Ms. Ferguson was a federal government employee with a secret security clearance. She had healthcare, a pension, and made over $100,000 a year. She had to give all of these things up and retire 13 years early because of her pain and suffering,” Stampone explains. That was when Partner and Trial Attorney, J.B. Dilsheimer became involved in the claim. Dilsheimer and Stampone both agreed that it was time to consult experts, but Dilsheimer warned that Delaware County, where this accident occurred, was notoriously conservative.
“Verdicts and settlements have been historically low in Delaware County. In our case, we had a car with minor damage and a client with a life-changing injury. Juries typically want to see major physical damage, and we didn’t have that. But what we did have was a smart, well-spoken client who believed in herself, along with a list of experts that validated the injuries that were caused to Ms. Ferguson,” Dilsheimer recalls. With Dilsheimer’s support, Stampone went to work, consulting neurosurgeons, life care and vocational experts, as well as an economist—all who confirmed the life-changing injury caused to the client because of being rear-ended. The combined estimations of wage loss and future medical costs was in the millions, but despite this, the defendant wasn’t willing to offer anything over $150,000.
Both Stampone and Disheimer knew this meant they were taking this case to trial. Both attorneys worked together, spending time with Ferguson to ensure she knew what to expect when they entered the courtroom. “She handled herself flawlessly. She knew she had a strong case, and she believed in herself. All we had to do was encourage her to tell her story plainly. Her credibility resonated with the jury so much so that despite Delaware County’s reputation, they awarded her $3.6 million in damages.” It was a win for Ferguson, Dilsheimer, and Stampone—who had worked hard to ensure the foundation of the case was rock-solid.
“This win was a perfect example of trusting the process. I trusted my instincts about our client’s credibility, worked with Dilsheimer to fight for Ms. Ferguson, and ultimately verified what Stampone O’Brien Dilsheimer Law can do for our clients. Because of her pain, she couldn’t be there for the verdict, and being able to call her and share the good news was both emotional and gratifying,” Stampone explains. Dilsheimer adds, “We fight for good people who need us, but at the end of the day, Ms. Ferguson was a difference maker. She advocated for herself, didn’t get defensive when cross-examined, and ultimately made it clear to the jury that there was no other resolution than giving her the money she deserved for the pain and anguish she has experienced and will continue to experience for the rest of her life.”
If you have been injured in a car accident, Stampone O’Brien Dilsheimer is ready to fight at your side. The first consultation is free, so we can help you build a winning case.