Morrison Mahoney Partner Bridget Lopez and Associate Renee Rodrigues recently obtained a defense award at binding arbitration.
The plaintiff alleged she suffered irreparable hearing loss in one ear with associated ongoing symptoms of tinnitus and vertigo from a rear end motor vehicle accident, which she asserted required medical specials for ear injections, hypobaric chamber treatments, and other future costs for an anticipated cochlear implant surgery.
There was no dispute that the plaintiff has hearing loss. Rather, the defense argued that the plaintiff’s hearing loss, the onset of which was two weeks after the accident, was unrelated to any alleged head trauma in the accident and idiopathic—as consistent with the findings of the plaintiff’s six treating otolaryngologists and neurologists.
Plaintiff’s retained expert opined that the plaintiff struck her head in the accident and that post-traumatic hearing loss can be delayed. This theory was hotly contested by the defense otolaryngologist expert who opined that hearing loss associated with head trauma is not only immediate (within 48 hours) but also involves more significant trauma (e.g. skull fractures), which was not consistent with the plaintiff allegedly bumping her head on the vehicle’s sun visor.
The arbitrator issued a thorough and thoughtful decision highlighting defense counsel’s vigorous cross-examination of the plaintiff’s expert as having undermined the credibility of his opinion and agreeing that the plaintiff failed to sustain her burden of proof on causation.
