In 2012 a 67 year old client was rear-ended by another automobile. Prior to the accident the client was treating with an orthopedic surgeon for mild bilateral foraminal narrowing at L4-5 due to disc bulge and grade 1 anterolisthesis. The client underwent 3 epidural steroid injections prior to the accident and the orthopedic surgeon had already recommended surgery prior to the accident. The back surgery recommendation consisted of L4-L5 decompression and transforaminal lumbar interbody fusion. After the accident the client’s pain and symptoms worsened and he underwent the L4-L5 decompression and transforaminal lumbar interbody fusion surgery. The insurance company argued that the problems with the client’s back and the need for surgery existed prior to the accident. Attorney Brendan J. Noonan retained an expert neurologist and an expert orthopedic surgeon. They looked over all the medical records and they argued that the MRI that was performed 7 days prior to the accident was different than the MRI that was performed 3 days after the accident. They were able secure a quick settlement with the other driver’s insurance carrier for the $20,000 policy limits. However, the underinsurance carrier dragged their feet.

Case Results: One week before arbitration the client’s insurance company settled the claim with Attorney Brendan J. Noonan for $115,000.00. After settling the underinsured claim Attorney Brendan J. Noonan brought an insurance bad faith claim against the client’s insurance company for unfair settlement practices under G.L. c. 176D. He settled that bad faith insurance claim for an additional $14,000 for a total recovery of $149,000.