WWII MARINE VETERAN SETTLES CASE FOR $1.2M
CASE CAPTION: John Doe vs. Jane Doe
AMOUNT OF SETTLEMENT: $1.2 million
DATE OF SETTLEMENT: December 2007
Peter C. DePaolis
Julie H. Heiden
M. Thomas McWeeny
Koonz, McKenney, Johnson,
DePaolis & Lightfoot
10300 Eaton Pl., #200
Fairfax, VA 22030
In September 2005, the Plaintiff, a healthy and active 82-year-old WWII veteran, was placing his luggage into the trunk of his car when he was struck from behind by defendant. Plaintiff’s right leg was crushed between the two cars. As soon as EMT arrived on the scene, it was immediately apparent that the Plaintiff had suffered a severe car accident injury to his leg. He had no pulse in his right foot when he arrived at a local hospital. During emergency surgery, the orthopaedist noted immediately that both the popliteal artery and popliteal vein had been completely severed. He underwent fasciotomies as well as emergency repair of his blood vessels. Plaintiff suffered severe blood loss which led to kidney problems as well as a heart attack.
Plaintiff remained hospitalized for three weeks. He developed severe pulmonary problems which led to a tracheostomy. He also suffered from infections and was diagnosed with permanent loss of vision in his right eye due to the loss of blood and shock.
Despite his advanced age, Plaintiff fought back to regain his ability to walk and to live independently. After months of rehabilitation, he learned to walk again. Plaintiff incurred over $200,000 in medical bills. Although he can walk without assistance, can drive again, and can live independently, the Plaintiff has not been able to resume playing golf as he had done prior to this injury.
The value of this case was significantly impacted by the extraordinary personality and character of the Plaintiff. At age 17, Plaintiff enlisted in the Marines and saw significant combat action throughout the Pacific theater in WWII. His physical and mental toughness, ingrained in him by his Marine Corps experience, helped him win the battle to survive his injuries.
After returning from the war, the Plaintiff married his high school sweetheart, raised four children, and had a successful career as a maintenance foreman for a county agency. After the death of his wife of 49 years, Plaintiff has remained very active in his church and community as well as with his six grandchildren.
The parties agreed to the settlement of $1.2 million after a nine-hour mediation.