Involved Parties

Passenger v. Medical Transport

Result

$968k confidential settlement

Location

Lodi, California

Attorneys Involved

Kristopher Peerali, Serena Peerali

Practice Areas

Car Accidents, Catastrophic Injuries

Case Synopsis

Kristopher Peerali and Serena Peerali obtained a $968k confidential settlement for a Lodi resident who suffered serious injuries when a medical transport vehicle was involved in a collision.

The incident occurred in 2022 while the plaintiff was being transported for a medical appointment for a pre-existing condition. During the journey, the vehicle was involved in a crash, causing severe fractures to the plaintiff’s right arm. Surgery was required to insert metal plates and screws, and the plaintiff subsequently lost some sensation in that arm. Combined with his existing medical complications, these injuries left him unable to perform basic daily activities for over a year.

Before a lawsuit was filed, the defendant’s legal team made no settlement offer. Once litigation began, the defense attempted to limit compensation under California’s Medical Injury Compensation Reform Act (MICRA). At that time, MICRA was a state law that caps non-economic damages—such as pain and suffering—at $250,000 in cases involving medical malpractice. The defense argued that the plaintiff’s injuries fell under MICRA because they occurred during medical transport.

However, the Peerali Law team successfully argued that MICRA did not apply because the driver of the medical transport vehicle was not a licensed healthcare provider. This distinction meant the plaintiff’s claim was not subject to MICRA’s $250,000 cap.