Motor Vehicle Accident-Chronic Fatigue Syndrome/herniated disc ($275,000) settlement

Motor Vehicle Collision-Chronic Fatigue Syndrome-Herniated Cervical Disc

Type of injuries: Chronic fatigue syndrome; herniated cervical disc

Court/case #: Middlesex Superior Court, C.A. No. 92-0750

Special damages: Approximately $20,000 in medical expenses; approximately

$125,000 of alleged lost earning capacity

Damages awarded or settled: Settled

Amount: $275,000

Attorney for plaintiff. Robert K. Rainer, Jeffrey A. Rosenberg, Boston; Sheldon H. Pitchel, Sudbury

Attorney for defendant: Withheld

Name of case: Katherine A. Axelson v. Raytheon Co., et al.

Insurance company: Withheld

Other useful information:

On Dec. 6, 1989, the plaintiff was a 35-year-old U.S. postal carrier when, in the course of her employment, her mail truck was struck from the rear by the defendant's plow truck. As a result of the accident, the plaintiff sustained injuries to her head and neck, In March 1990, an MRI showed that the plaintiff had a minimal midline C5-6 disc protrusion and a C6-7 central and right-sided disc herniation. The plaintiffs physicians ruled out surgery for this condition.

After an initial period of total disability of approximately three weeks, the plaintiff returned to work on light duty. She worked sporadically for several months, but her attempts to-return to the workplace were unsuccessful. In the spring of 1991, the plaintiff began experiencing symptoms of severe and unremitting fatigue, increased muscle and joint aches, night sweats, fevers, nightmares, weight loss, reclusiveness and fear of leaving her home. Subsequently, four of the plaintiffs treating physicians, including an internist, two psychologists and an infectious disease specialist, confirmed that the plaintiff was suffering from chronic fatigue immune deficiency syndrome. At the time of settlement, the plaintiff was still totally disabled from all work as a result of her chronic fatigue syndrome.

The plaintiff was prepared to offer expert testimony at trial from a medical doctor, a vocational expert and an economist. The defense highly disputed the causal relationship between the trauma sustained in the motor vehicle accident and the plaintiffs chronic fatigue illness. The defendant would have argued that there is currently no known cause of chronic fatigue syndrome. The defense also seriously questioned the plaintiffs allegation that her chronic fatigue illness was permanent in nature. Plaintiff's economist said that the present value of the plaintiff's foregone earning capacity, if she was in fact totally and permanently disabled, exceeded $1.2 million.

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