Man injured in rear-end collision will receive $3 million in compensation

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A $3 million settlement resolved a case involving a car accident complicated by medical issues resulting from subsequent treatment that left a man with ongoing spinal problems.

“When you have someone undergo surgery, you face all the foreseeable complications of that surgery,” said John M. Simon of Simon Law Firm.

The matter related to an incident in January 2021 in which a semi-truck rear-ended Simon’s customer Jeff Missey on Interstate 70 in the city of St. Louis. The plaintiff received chiropractic care, physical therapy and other measures, with doctors ultimately recommending implantation of a cervical spine stimulator.

Unfortunately, the procedure resulted in complications related to bleeding and the stimulator, which did not work, was eventually removed. The patient’s spine was stiff, causing permanent pain and limitations.

Simon said a medical malpractice lawsuit was never filed and that the defendant, Bob Cope Farms, LLC, bore responsibility for the man’s problems under Missouri traffic negligence law.

He said the defendants disputed liability on the grounds that traffic came to a sudden stop, the impact was minor and the treating provider was responsible for any ongoing problems.

Simon said the case was settled immediately after the experts were removed.

He indicated that a lawsuit over the car accident was the plaintiff’s best path to recovery.

“A medical-medical case is much more difficult to prove than a rear-end case,” he said.

Ann Marie Piana of American Family Insurance, who was listed as the defendant’s representative in the matter, did not respond to a request for comment.

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$3 million settlement

Vehicle collision

Venue: St. Louis City Circuit Court

Case number/date: 2222-CC09354/March. 26.2024

Injuries: Herniated disc in the cervical spine requiring surgery. A complication occurred during surgery that resulted in hardware removal and subsequent fusion, leaving the plaintiff with permanent cervical spine limitation.

Special damages: $230,000

Insurer: American Family Insurance

Photo Caption: Jeff Missey v. Bob Cope Farms, LLC

Plaintiffs’ Attorneys: John M. Simon, Simon Law Firm, (St. Louis)

Attorneys for the defendants: Ann Marie Piana, American Family Insurance, (St. Louis)