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Foggy Head – Head Injuries From An Auto Collision In Paoli

I represented a woman who was broadsided by a driver who ran a stop sign in Paoli, Chester County.  She struck her head, hurt her neck and momentarily lost consciousness.  The emergency room records noted mild head trauma and cervical whiplash but they did not mention her complaints of dizziness.

She returned to the emergency room four days later complaining of neck and head pain as well as  disorientation.    The hospital wrote down that she complained of a “foggy” type feeling.  Over the next several months she continued to complain to her doctor of a “foggy” or “disoriented” feeling.  Two and a half months after the auto accident, her family doctor finally referred her to a neurologist who diagnosed her with permanent closed-head injury resulting in  constant dizziness. 

She had to undergo vestibular training – to train her brain to deal with the permanent dizziness.  Part of the conditioning included spinning in a carnival like ride and being placed in a machine where the floor moves up and down, the walls move in and out – all while forcing her to look at zebra patterns flashing on a wall.

My client asked her insurance company to compensate her for the out-of-pocket expenses and for these permanent injuries resulting from the auto collision.  However, what the insurance company put her through, made us all dizzy. 

The insurance company’s hired-gun doctor reviewed my client’s medical records and testified that since she did not actually state on the medical record that she was “dizzy” for the first month after the accident, then it was obvious that the dizziness came from something other than accident.  The company doctor chose to completely ignore her initial complaints of “disorientation” and “fogginess”, claiming that fogginess had no medical meaning.  Thank goodness the jury saw through this fog and compensated her fully for what will be a lifetime of dizziness.                  Peter J. Hart, Esquire