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Rotator Cuff Injury Lawyer in Massachusetts
Rotator cuff tears from car accidents and falls are real traumatic injuries despite insurer claims they are pre-existing. Attorney Jeffrey C. Lavey documents causation and fights for full compensation. Free consultation. No fees unless we win.
Rotator Cuff Injuries From Accidents in Massachusetts
The rotator cuff is a group of four muscles and their tendons that provide stability and motion to the shoulder joint. Rotator cuff tears are among the most common shoulder injuries caused by motor vehicle accidents, particularly rear-end crashes where the shoulder is loaded by the seat belt or by bracing against the steering wheel, as well as fall accidents and workplace injuries. When another party’s negligence causes a rotator cuff tear, Massachusetts law provides for full compensation. Attorney Jeffrey C. Lavey represents rotator cuff tear victims throughout Massachusetts.
How Accidents Cause Rotator Cuff Tears
Traumatic rotator cuff tears differ from the degenerative tears that develop gradually over time from wear. In a car accident, the rotator cuff can be torn by: the sudden loading of the arm against the steering wheel in a frontal crash; the traction applied to the arm in a side-impact crash; direct impact to the shoulder; or the forceful fall onto an outstretched arm or directly onto the shoulder. An orthopedic specialist can evaluate the specific tear pattern on MRI and assess whether its characteristics are consistent with traumatic or degenerative etiology.
The Pre-Existing Degeneration Defense
The most common insurance company challenge in rotator cuff cases is the argument that the tear is degenerative, caused by age and wear, not by the accident. This argument has some medical basis because rotator cuff degeneration is common in middle-aged and older adults, and pre-existing degeneration can make the tendon more susceptible to tearing under traumatic forces. Attorney Lavey counters this defense with orthopedic expert testimony analyzing the specific tear pattern, the patient’s pre-accident functional status, and the mechanism of injury to establish that the accident caused or materially contributed to the tear.
Surgical Treatment for Rotator Cuff Tears
Full-thickness rotator cuff tears that cause significant pain and functional limitation are typically treated surgically with arthroscopic rotator cuff repair, a procedure that reattaches the torn tendon to its bony insertion. Recovery requires a period of sling immobilization followed by a lengthy physical therapy program over several months. Some patients experience incomplete healing or re-tears, potentially requiring revision surgery. All of these costs are compensable from the at-fault party. Partial tears may be treated non-surgically with physical therapy and injections, with surgery reserved for those who do not respond.
Compensation for Rotator Cuff Injury Victims
Rotator cuff injury compensation includes all medical expenses from initial evaluation through surgery and physical therapy, all lost wages during recovery, pain and suffering during healing and from any chronic shoulder pain, future medical costs if additional surgery is anticipated or if arthritis develops in the shoulder joint, and any permanent limitation in arm strength or range of motion that affects employment or daily life. Attorney Lavey documents every element of damages in every rotator cuff injury case.
Frequently Asked Questions
Yes. In a rear-end collision, the shoulder may be subjected to sudden loading forces as the occupant braces against the steering wheel, seat, or door, or as the seat belt restrains the body while the arm continues to move. These forces can cause or contribute to rotator cuff tears. The mechanism is well-recognized in orthopedic medicine, and Attorney Lavey establishes it with orthopedic expert support in every rear-end rotator cuff case.
Pre-existing shoulder degeneration or a prior rotator cuff condition does not eliminate the at-fault party’s liability for worsening that condition. The eggshell plaintiff doctrine applies: you are entitled to compensation for the full consequences of your accident injury, even if a person without prior shoulder problems would have sustained less severe damage. Attorney Lavey works with orthopedic experts to document what existed before the accident versus what the accident caused or worsened.
Full recovery from arthroscopic rotator cuff repair typically takes four to six months, with many patients not returning to full shoulder strength and function for six to twelve months. The recovery involves an initial sling period, followed by passive range-of-motion exercises, then progressive active motion, and finally progressive strengthening. The specific timeline depends on tear size and patient factors. Attorney Lavey documents the full recovery period and all work restrictions as part of the lost wage claim.
Re-tears and revision surgery are recognized complications of rotator cuff repair, occurring in some percentage of cases particularly for large or complex tears. If revision surgery is necessary, it is part of the ongoing damages caused by the accident. Attorney Lavey advises every rotator cuff client to notify him immediately if a revision surgery recommendation is made so that the damages claim can be updated accordingly.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
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