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Attendant Care, Van Sought By Quadriplegic (continued)

Modified transportation, better
car rates were refused by carrier


Plaintiff, a 37 year old husband and father of two children, suffered a catastrophic injury in a Jan. 7, 2011, automobile accident, including a severe spinal cord injury resulting in high-level quadriplegia. He filed suit Nov. 1, 2011, against his carrier, defendant State Farm, when the insurer refused to properly pay for no-fault personal injury protection benefits.

The claims included not receiving an adequate wheelchair; a modified king-sized bed, which defendant it did not have to provide because it would also have been used by his wife; modified housing; modified transportation; and attendant care benefits.

On Sept. 24, 2011, a settlement was reached, and included purchase of a modified handicap accessible van; an agreement for modified housing; and settlement of the attendant care benefits through 2019. The attendant care settlement included both payment for the deficiency in attendant care benefits prior to the agreement, as well as a guaranteed daily rate of $840 per day for attendant care benefits for at least seven years into the future.

Type of action: Automobile no-fault
Type of injuries: Quadriplegia
Court/Case no./Date: U.S. District Court, Eastern District of Michigan; 11-CV-14808; Sept. 24, 2012
Name of judge: Denise Page Hood
Settlement amount: $2,933,069
Insurance carrier: State Farm