April, 2025 – This accident occurred at about 9:15pm on a concrete sidewalk located in front of a closed clothing shop in Union City. The weather at the time was clear and dry. The local police came to the scene and documented our client’s immediate trauma to her left elbow, which was severely fractured. EMS arrived and took our client to a local hospital emergency room, where she was x-rayed and given oxycodone for her traumatic pain. The x-rays revealed acute fractures through the proximal radius at the level of the radial neck and through the proximal ulna at the base of the olecranon process. She was splinted and saw an orthopedic arm specialist the following day, who diagnosed a “Monteggia” comminuted elbow fracture (a complex forearm injury characterized by a fracture of the ulna bone, accompanied by dislocation of the upper end of the radius bone). The specialist recommended an open reduction internal fixation (ORIF) surgery due to concern for malunion/non-union and a poor functional result. After the operation, our client was put in a sling immobilizer for stability and then placed in a range of motion brace locked at 90 degrees. She was prescribed and attended physical and occupational therapy for her left elbow at a rehabilitation therapy center. While her closed fracture to the elbow was healing she was given a Dyna splint to promote healing and safeguard the arm from any new trauma. She developed contractures of her left hand which caused trigger fingers. A cortisone injection was given to alleviate the flexor tendon adhesions and inflammation. Later when she had pain on resting her elbow, a CT scan was ordered to see if there was any impingement or blockage from the hardware. When this was assessed, the plate and screws previously used during the ORIF surgery were removed. This then necessitated a further course of PT and OT. While liability was contested, Our proofs were supported by a friend who had accompanied our client to a dinner in the area, and took contemporaneous photos of our prone client following her fall. Also, the police and EMS documentation was very important. Our office also hired a professional engineer to opine on the dangers posed by the disrepaired sidewalk, and an upper extremity orthopedist to verify our client’s permanent injuries.
**Results may vary depending on your particular facts and legal circumstances**