Interactive Mediation Presentation

Daniel Dougherty

v.

Adamar of New Jersey, Inc., et al

Aztar Launches $225 Million Atlantic City Tropicana Expansion

Source: Daily Gambling News, 4/17/2002

Daniel Dougherty

Daniel Dougherty

General Information:

Age: 32

Marital Status: Single

Children: 3 yr. old girl, Sky Falciani

Place of Birth: Dauphin, Pennsylvania

Daniel Dougherty

Education:

High School - Graduated Methacton High School, 1991

College - Associates Degree in Criminal Justice Montgomery County Community College, 1994

Daniel Dougherty

Employment History:

- Dishwasher

- Cinnabon employee

- Gas Station Attendant

- Lifeguard

- Owned Bait and Tackle Store

Daniel Dougherty

Employment at the time of the accident:

Employer: FABI Construction

Job Title: Specialized Concrete Construction

Pay Rate: $24.30 plus union benefits

Daniel Dougherty

October 30th, 2003“…I’ll never forget being trapped, buried alive like that.”

Depo pg. 61

Daniel Dougherty

Dougherty Depo., pg. 54...I believe I fell like five stories and landed on my face. And then I work up—I mean, I fell again after that. And I woke up next to Johnny Caldwell. And we were all right at the edge of Floor Number 4.

Daniel Dougherty

Dougherty Depo., pg. 55Q. So you remember your face hitting. Do you know what the surface was that your face hit?

A. Concrete, hard concrete.

Q. Hard concrete?

A. Yes

Daniel Dougherty

Dougherty Depo., pg. 56-57Q. Were you able to talk to one another?

A. I could talk to Johnny. That was it.

Q. Do you remember what you said to him or he said to you?

A. I was trying to tell him that we were going to live, even though I didn’t think we were. He was crying. I was bleeding all over his face. He was pinned on his back.

Q. How close were you to one another?

A. I was holding his hand. I was basically right on top of him.

Q. Why were you holding his hand?

A. Because he was crying.

Q. You were trying to comfort him?

A. Yeah.

Daniel Dougherty

Dougherty Depo., pg. 57-58Q. And what did you experience while you were in that position?

A. I experienced dying a couple of times, I think. They left the pump on and me and Johnny were drowning in the wet concrete. It just kept pouring on top of us. I was – my whole body was numb. I figured I had broken my neck.

Q. Were you feeling pain at that point in your neck?

A. A lot of pain. Well, my whole body was numb except for my knee. My knee hurt a lot. But from my neck down, I was completely numb.

Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

At the time of the Catastrophe…

Dougherty Depo., pg. 60-61Q. When the accident comes back to mind, what is it that you visualize or recall in your mind?

A. I remember falling the first time. I remember that loud crack. And I’ll never forget being trapped, buried alive like that.

Posttraumatic Stress Disorder

•Daniel feels “lousy most of the time” and grateful to be alive.

• Daniel sees a psychotherapist every other week.

•Daniel is tested for depression, anxiety, phobic anxiety and high level of distress.

•Daniel is afraid of heights, loud noises, and is claustrophobic. He has moments when he becomes dizzy, hot and sweaty and has “passed out” during these episodes.

•Daniel has nightmares 3 to 4 times a week, also experiences flashbacks.

•Daniel has a hard time going where there are a lot of people, does not like to drive with traffic.

Daniel Dougherty

Dougherty Depo., pg. 60-61Q. While you were trapped at the scene, was your breathing impaired in any way that you recall?

A. I was drowning in concrete. It was impaired, yes.

Q. Did concrete get in your nose?

A. Yes

Q. Your mouth?

A. Yes.

Broken Nose•Nasal Obstruction - Ossified nose cartilage, bilateral inferior turbinate hypertrophy.

•Septal deviation.

•Persistent nasal obstruction

Broken Nose•Sees Dr. Feldman once a month.

•Nasal Surgery (9/21/04)

Remove ossified cartilage and some of the bone of the turbinate.

Broken Nose•Diminished sense of smell.

•Decreased sense of taste, food tastes “flat”.

•Wakes up because he cannot breathe.

•Has breathing problems with increased activities, “it’s like a clogged windpipe”.

C5-6 Disc Herniation

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C5-6 Disc Herniation

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C5-6 Disc Herniation•Given multiple steroid injections; all failed to alleviate the symptoms (12/2/03 – 12/17/03)

•Discectomy Surgery (1/23/04)

Anterior cervical discectomy and fusion with instrumented plating

Burred Spondylosis

Iliac bone graft with donation from the left anterior iliac crest

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C5-6 Disc Herniation•Given multiple steroid injections; all failed to alleviate the symptoms (12/2/03 – 12/17/03)

•Discectomy Surgery (1/23/04)

Anterior cervical discectomy and fusion with instrumented plating

Burred Spondylosis

Iliac bone graft with donation from the left anterior iliac crest

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C5-6 Disc Herniation•X-rays taken 1/23/04, 1/27/04, 2/5/04, 2/16/04

•Multiple office visits with Dr. Epstein and Dr. Glass to check on post-surgical progress

C5-6 Disc HerniationDaniel STILL has:

•Stabbing pain in his neck, triggered by weather and increased physical activity.

•Increased difficulty looking up.

•The inability to lift anything heavier than a trash bag.

•Problems driving, cannot look around.

Straightening of the Spine•2/16/04 shows straightening of the cervical curvature

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Straightening of the Spine•2/16/04 shows straightening of the cervical curvature

Rotator Cuff Tear•Partial articular sided tear on the distal third of the left supraspinatus tendon.

Rotator Cuff Tear•Partial articular sided tear on the distal third of the left supraspinatus tendon.

Rotator Cuff Tear•5/10/04 Surgery

Arthroscopic debridement of the glenoid labrum with electrothermal treatment to the glenoid labrum, glenoid fossa and anterior capsule: subacromial bursectomy and abrasion chodroplasty of the glenoid fossa.

Rotator Cuff Tear•5/10/04 Surgery

Arthroscopic debridement of the glenoid labrum with electrothermal treatment to the glenoid labrum, glenoid fossa and anterior capsule: subacromial bursectomy and abrasion chodroplasty of the glenoid fossa.

Rotator Cuff Tear•Follow-up care with doctors

•Continued Physical Therapy

Rotator Cuff Tear•Follow-up care with doctors

•Continued Physical Therapy

Rotator Cuff Tear•Constant pain (takes Flexeril and Mobic), worse depending on weather and increased activity.

•Cannot lift anything other than a trash bag.

•Traumatic arthritis.

•Will need to have arthroscopic surgery every couple of years.

•Cannot lift his left arm to side.

•Has numbness from his elbow down to his finger.

•Does not grip objects because of pain.

•Movement triggers pain.

Rotator Cuff Tear•Constant pain (takes Flexeril and Mobic), worse depending on weather and increased activity.

•Cannot lift anything other than a trash bag.

•Traumatic arthritis.

•Will need to have arthroscopic surgery every couple of years.

•Cannot lift his left arm to side.

•Has numbness from his elbow down to his finger.

•Does not grip objects because of pain.

•Movement triggers pain.

Patella Fracture•Displaced fracture of the inferior pole of the patella.

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Patella Fracture•Displaced fracture of the inferior pole of the patella.

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Patella Fracture•11/1/04 Arthroscopic Surgery

Subtotal lateral meniscectomy

Synovectomy with removal of floating loose devris

Patella Fracture•Orthopedic follow-up evaluations

•Multiple injections of Hyalgen for arthritis

Patella Fracture•Can only walk 5-6 minutes pain free.

•Cannot lift, bend or carry heavy objects.

•Daniel will need to have arthroscopic surgery every couple years to clean out the knee

•Daniel will eventually need to have a knee replacement

Dr. Epstein’s Medical Report

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Daniel “appears to have a significant, traumatic event that is going to be with him, in my opinion, life long”

Dr. Epstein

Back Spasms•Pain and Spasms in Trapezoid muscles and interscapular regions.

Work Restrictions

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Work Restrictions

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Defense Damages Experts

"Given the number of operations he's had, I don't feel that going back into the concrete business or occupation of that type requiring that type of physicality is sensible. Appropriate occupational reassignment and/or retraining needs to be pursued... I don't think occupations requiring heavy or prolonged use of his legs or extended overhead activity would be particularly sensible."

Defense examiner orthopedic surgeon, Gary N. Goldstein, M.D., March 10, 2005

Defense Damages Experts

"In summary, the diagnoses are:

1. Posttraumatic Stress Disorder, previously of moderate severity but resolving and now of mild severity;

2. Adjustment Disorder with Depressed Mood, Mild to Moderate.

It is this examiner's opinion that he is in need of continued [mental health] treatment.“

Defense examiner psychologist, Gerald Cooke, Ph.D., March 9, 2005.

Life Care Plan for Future Needs

Medical Care $62,870

Psychological Counseling $31,000

Therapy $5,940

Medications $83,952

Medical Equipment $1,225

Support Services $137,280

TOTALS $322,267

Summary of DamagesDisability

Total PartialPast Medical Bills $97,170 $ 97,170

Present Value ofFuture Lost Earnings Capacity (net) $816,687 $408,344

Past Lost Fringe Benefits $9,752 $ 9,752

Present Value ofFuture Lost Fringe Benefits $199,192 $99,956

Life Care Plan $322,267 $322,267

TOTALS $1,485,051 $977,472

Past Lost Earnings (net) $39,983 $39,983