What is the valuation method for determining non-economic damages, including pain, suffering, disability, and mental anguish, in a lawsuit for a failed Anterior Cruciate Ligament (ACL) repair requiring revision surgery?

From the Guidelines

Determining the valuation of non-economic damages like pain, suffering, disability, and mental anguish in a failed ACL repair case requires a multi-faceted approach, considering factors such as severity and duration of pain, impact on daily activities, psychological effects, permanence of disability, and comparative verdicts in similar cases within the jurisdiction. I recommend consulting with an experienced personal injury attorney who specializes in medical malpractice or personal injury cases, as they can provide case-specific guidance 1. The valuation process typically involves:

• Assessing the severity and duration of pain
• Evaluating the impact on daily activities and psychological effects
• Determining the permanence of disability
• Researching comparative verdicts in similar cases within the jurisdiction While some attorneys use a "multiplier method" (multiplying economic damages by a factor of 1.5-5 depending on severity) or a "per diem" approach (assigning a daily dollar value to suffering), these are starting points rather than definitive formulas 1. Insurance companies often use proprietary software like Colossus to calculate settlement offers. Documentation is crucial - maintain detailed records of medical treatments, rehabilitation efforts, pain levels, medication usage, therapy sessions, and how the injury has affected daily life, relationships, and emotional well-being. Expert testimony from medical professionals, particularly orthopedic specialists, can significantly strengthen the case by establishing the extent of physical limitations and future prognosis, as highlighted in the Aspetar clinical practice guideline on rehabilitation after anterior cruciate ligament reconstruction 1. Remember that non-economic damages may be subject to caps in certain states, which could limit recovery regardless of calculated value.

In terms of published studies with formulas for determining the value of non-economic damages, there is limited research available, and most studies focus on the rehabilitation process and outcomes after ACL reconstruction, such as the Aspetar clinical practice guideline 1. However, these studies can provide valuable insights into the potential long-term consequences of a failed ACL repair, including the impact on quality of life, knee-related quality of life, and the risk of reinjury, meniscal or chondral injuries, and osteoarthritis 1.

It is essential to note that the valuation of non-economic damages is a complex process that requires a comprehensive understanding of the individual's circumstances, medical history, and the legal framework governing personal injury cases. Consulting with an experienced attorney and gathering detailed documentation are crucial steps in determining the valuation of non-economic damages. Additionally, expert testimony from medical professionals can play a significant role in establishing the extent of physical limitations and future prognosis, ultimately influencing the valuation of non-economic damages 1.

From the Research

Determining Valuation of Non-Economic Damages

To determine the valuation of Lady's pain, suffering, disability, and mental anguish for her lawsuit, several factors must be considered. However, there are no direct formulas provided in the published studies 2, 3, 4, 5, 6 for calculating the value of non-economic damages.

Relevant Studies

• A study on sustained clinical and functional outcomes after primary anterior cruciate ligament repair found that failure rates were 11.5% and 15.9% at 2- and 5-year follow-up, respectively 2.
• A systematic literature review and meta-analysis comparing non-surgical and surgical treatments for anterior cruciate ligament injuries found that the relative risk of knee osteoarthritis was higher after surgery than after non-surgical treatment 3.
• A study on twenty-year outcomes after anterior cruciate ligament reconstruction found that the pooled mean follow-up for patient-reported outcome measures was 44.2% and in-person evaluation was 33.2% 5.
• A review of the beneficial and detrimental effects of exercise and unloading on OA progression after anterior cruciate ligament injury found that the timing, duration, and intensity of these biomechanical interventions can have divergent effects on PTOA development 6.

Key Considerations

• The valuation of non-economic damages is a complex process that requires consideration of various factors, including the severity of the injury, the impact on daily life, and the effectiveness of treatment.
• The studies provided do not offer a clear formula for calculating the value of non-economic damages, but they do provide insight into the potential long-term consequences of anterior cruciate ligament injuries and the importance of effective treatment and rehabilitation.
• It is essential to consult with medical professionals and legal experts to determine the appropriate valuation of non-economic damages in Lady's lawsuit.

Potential Factors to Consider

• The severity of the injury and the impact on Lady's daily life
• The effectiveness of treatment and rehabilitation
• The potential long-term consequences of the injury, including the risk of osteoarthritis
• The impact of the injury on Lady's mental health and well-being
• The potential need for future medical treatment or surgery