Keeping children safe is a parents’ number one concern. So I can only imagine the distress and agony of the parents whose children were injured and suffered fingertip amputations from a defective stroller. Graco Children’s Products has recalled about 4.7 million strollers in the U.S., Canada and Mexico after reports of six fingertip amputations, four partial-fingertip amputations and one finger laceration.
As Virginia (VA) personal injury lawyers we have represented clients who have had a lawsuit involving an amputated thumb, finger or arm. Because of our experience in amputation injuries we know filing a personal injury claim of this nature involves many unique issues. Working with a variety of professionals that treat amputation injuries is absolutely necessary, but also dealing with the psychological and mental aspects of losing a limb, finger or thumb requires special attention, especially for a child.
Amputated fingers, arms or legs can also arise from a wide array of industrial/factory type accidents especially involving high speed machines, cutting instruments, or saws. In a significant amputation case of a finger, toe, thumb or any body part, if trial is a distinct possibility, our experienced injury attorneys would never go to trial without a series of medical illustrations or drawings by a medical professional.
Losing a toe to amputation can also cause substantial disability. Victims of toe amputations may lose balance, strength and the ability to propulse in gait. Depending on the toe(s) amputated, the individual may need to use a special postoperative shoe and possibly an assistive device such as a walker, crutches, or cane for protected weight bearing. The ability to squat and reach from the tiptoes may be impaired after an amputation.
It is important to realize that judges in amputation trials will not allow a jury to consider evidence of future medical procedures or surgeries unless a surgeon is familiar with those costs, they are documented in advance, and the surgeon testifies that the surgeries are necessary to a reasonable medical probability. Moreover, most amputation surgeons do not know specific costs of procedures between their own office billing costs and the hospital billing costs. Surprising as it may seem, this information must be developed weeks or months in advance of deposition or trial testimony of such doctors in order to get the evidence properly before a jury for consideration.
As you can see, courts of law require amputation injury attorneys to carefully prepare evidence in cases of amputation to a thumb, limb or a leg or other body part. Maximum compensation requires months of preparation and careful work with a series of experts such as those noted in this article.