The spread of fusion surgeries in personal injury cases in recent years, in New York and across the country, has been remarkable. More and more plaintiffs are undergoing cervical and lumbar fusion surgeries. Even in cases involving very minor motor vehicle collisions, and questionable causation claims, the odds of a verdict in plaintiff’s favor is substantial. Juries frequently agree with plaintiffs and their experts that fusion surgeries are causally related, even to a low-impact collision event.
In view of the growing importance of defending these claims, this article will explore updated strategies for defending low-impact collisions and fusion surgeries in New York. We will examine the usual toolkit of expert trial presentations, and potential strategies for improving that formula. We will then discuss novel approaches, such as video and computer simulation reconstruction for use during trial.
