Passenger Thrown From Vehicle NH
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MVA/PASSENGER THROWN FROM VEHICLE

Plaintiff was a front seat passenger in a motor vehicle operated by defendant driver.  During the course of the ride driver made numerous sexual propositions, which passenger refused, however he continued his harassment. Passenger became uncomfortable but was afforded no opportunity to leave the vehicle.  When driver realized that his expectations would not be fulfilled he slowed his vehicle, opened the passenger side door and caused the passenger to fall from the moving vehicle onto the ground.  

As a direct result of the defendant’s negligence while operating a vehicle, the Plaintiff suffers from serious injuries including knee contusion, shoulder contusion with rotator cuff tendonitis, rib fractures, elbow injury.

When passenger was pushed from the moving vehicle she landed on her right knee and rolled several times striking her left shoulder against the pavement.  She remained on the ground for a few minutes before attempting to stand.  When she stood she experienced pain in her right leg and left arm.  She knew that she needed help and began to limp down the road toward the police station.  Before she had gone too far a passerby stopped and offered her a ride to the police station.

Upon arrival at the police station an ambulance was called and she was immediately transported to the Exeter Hospital.

At the hospital she was examined by the attending physician who noted anterior right knee pain with swelling.  She was advised to apply ice to the knee and she was provided with a knee immobilizer.  She was also advised to use crutches for three to five days as well as Vicodin for pain and to follow up with her primary care doctor as needed.

The Plaintiff rested and wore the knee immobilizer as advised, however her pain continued.  The following day she began to experience numbness on the outer side of her right leg, increased pain in her left arm and pain over the right side of her rib cage.

Concerned about her increased pain she returned to the Exeter Hospital emergency room.  The Plaintiff was examined by the attending physician who noted pain over the right rib cage and pain upon palpation to the left arm.  He advised the Plaintiff to discontinue the use of Vicodin and in the alternative a prescription for Percocet was written.  She was also provided with a sling to be worn on her left arm for two to three days.

Over the following two months the Plaintiff used the knee immobilizer as much as possible and took the medication as prescribed.  Although her knee pain subsided she continued to experience increased pain in her left arm.

She presented to her Family physician and was examined by the doctor.  She complained to the doctor of pain in her left elbow which increased with flexion and trying to make a fist.  She was diagnosed with tendonitis for which he prescribed exercises and a prescription for Naprosyn.

In addition to left elbow pain she also began to experience pain and snapping in her right shoulder.  

The Plaintiff presented to an orthopedist with complaints of increased right shoulder pain and snapping with reaching over head.  Examination revealed pain and impingement in the right shoulder with abduction, pain to palpation of the rotator cuff and acromioclavicular joint laterally and a snap in the subacromial region with abduction, external and internal rotation.  The orthopedic surgeon diagnosed rotator cuff tendonitis for which a steroid injection was performed and suggested physical therapy for strengthening and follow up as needed. Soon thereafter she presented to a chiropractor for treatment of her continued shoulder pain.  She was treated on an as needed basis with manipulation, traction, myofascial release and massage.  She continues to treat with the doctor as needed for continued shoulder pain. Her main concern is to proceed with her life as normally as possible, however since that time she has been forced to live with the nightmare of that event through her continued pain, emotional stress and loss of self-esteem.

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