Vaccaro v. Cosgrove

Defense verdict

Date of Verdict: Oct. 17, 2018.

Court and Case No.: C.P. Chester No. 2016-10012TT.

Judge: Mark L. Tunnell.

Type of Action: Motor vehicle.

Injuries: Headaches, brain injury.

Plaintiffs Counsel: Joel W. Goldberg; Goldberg, Goldberg & Janoski, West Chester.

Plaintiffs Expert: Michael Martin Cohen, neurology, Bala Cynwyd.

Defense Counsel: Warren D. Holland, Goldberg, Miller & Rubin, Philadelphia.

Defense Expert: Lee A. Harris, neurology, Abington.

Comment:

On Oct. 20, 2014, plaintiff Shelia Vaccaro, an interior designer in her early 30s, was stopped at a red light on Greenhill Road, at its intersection with Route 352, in West Chester. Her car was struck head-on by a car driven by Kristen Cosgrove. Cosgrove had been driving on Route 352 and made a wide right turn onto Greenhill Road, thereby striking the front of Vaccaro's sedan. She claimed a brain injury.

Vaccaro sued Cosgrove, alleging that she was negligent in the operation of a vehicle.

Cosgrove stipulated to liability, and the case was tried on the issues of causation and damages.

Vaccaro alleged that she temporarily lost consciousness following the impact. She was taken by her husband to an emergency room where a CT scan of her cervical spine was negative. Vaccaro alleged that within a week of the collision, she began experiencing headaches, memory loss, photophobia, difficulty concentrating, loss of balance and increased irritability. She presented to a neurologist, who diagnosed her with a concussion. Vaccaro underwent an MRI of her brain, which showed evidence of her pre-existing multiple sclerosis. She was further diagnosed with a mild traumatic brain injury.

For the next 11 months, Vaccaro treated with vestibular and physical therapy at a brain injury center, where she consulted with a neurologist and a psychologist. Her treatment consisted of balance exercises. After the completion of the treatment, she continued to follow up with her neurologist, which she continued to do at the time of trial.

Vaccaro's expert in neurology causally related her injuries and treatment to the accident. According to the expert, Vacarro's multiple sclerosis had caused her concussion-like symptoms to become permanent, as it had prevented her brain from healing normally and made her more susceptible to injury. The expert concluded that she suffered a serious impairment of a bodily function.

Vaccaro testified that she continues to suffer from ongoing cognitive and vestibular deficits, including memory loss, difficulty concentrating and balance issues. She stated that she can no longer read to her children, watch television and attend events with her family. She sought damages for past and future pain and suffering.

Vaccaro's husband testified that she becomes easily frustrated and exhausted. He sought damages for his claim for loss of consortium.

The defense maintained that nothing in the EMT or emergency room records indicated that Vaccaro lost consciousness following the accident.

The defense's expert in neurology, who examined Vaccaro, disputed that she suffered a concussion, since she did not immediately complain of concussion-like symptoms following the crash. The fact that she did not seek further treatment until a week later suggests that her complaints are the result of her multiple sclerosis, which can cause such neurological symptoms, the expert opined. The expert further testified that it is well-established in the scientific and medical communities that there is no connection between multiple sclerosis and concussions.

The jury found that Cosgrove's negligence was a factual cause of injury to Vaccaro. Jurors determined that Vaccaro did not suffer a serious impairment of a bodily function.

This report is based on information that was provided by defense counsel. Plaintiffs counsel did not respond to calls for comment.

—This report first appeared in VerdictSearch, an ALM publication.