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Blindness Lawyer’s Settlement Demand Letter for Vision Injury

If you are pursing a personal injury claim for a vision injury, you will need at some point to put together a settlement demand letter.  This blog has a sample from one of the many vision injury cases I have handled.  If you need help with yours, give me a call at 610 642 7676.  Here is the letter.   I hope it helps you.

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July 17, 2013

Dear Sir:

Enclosed are bills and reports from Brandy Hospital, Thomas Wolf University Hospital, Wills Eye Hospital, Diagnostic Imaging Inc., and Foore Eye Institute.  Enclosed also are prescriptions for medication.

My client, Mr. Douglas Haymaker, age 38, has suffered what all of his doctors confirm to be a permanent and unimprovable loss of vision in his right eye.  The enclosed records indicate that his visual acuity is “CF 2’”.  This means that at best he can count fingers that are two feet from his eyes.  Doug says that at two feet, he can “pretty much make them out, but nothing is clear”.  He cannot count fingers beyond this distance.  On a SOSH low vision chart his acuity measures at less than 20/1000.  Legal blindness is defined as 20/200 or worse.  Significant central and peripheral field loss is also noted.

Mr. Haymaker has suffered from headaches continuously since this incident.  They are severe, “migraine” types at times.  He still has head pain each and every day, all day.  He had no significant headaches prior to this incident.

Doug must wear safety goggles at work at all times to protect his left eye.  He is no longer able to work with machinery because he has no depth perception.  There are dangerous high speed blades at the metal shop where he works. As the enclosed records confirm, Mr. Haymaker is deaf in the right ear.  Thus, he has very little stimulus perception from his right side.  He is almost completely unaware of dangerous objects coming from that side.

Mr. Haymaker is currently retraining to assemble valves.  His employer purchased safety goggles for Doug, but these additionally distort his vision and are not tinted, so glare causes problems with visual access.  His combination of symptoms causes other life complications including loss of balance and walking into fixed objects.

As of July 7, 2013, Mr. Haymaker describes his vision and related symptoms as follows:

  • Peripheral vision is closing in/getting worse.  Doug reports that Dr. Ginsue’s probes confirm this.
  • At the time of the injury Doug saw concentric red circles.  These reappeared recently for two days, then went away.
  • Sees black shadows or flickers as edges of vision—not light flashes.
  • When reading, both eyes experience strain and then the page blurs.  Reading is difficult with both eyes.
  • Both sunlight and the combination of fluorescent light and skylights in his work environment cause glare problems.  The right eye reacts more to the glare. He typically wears dark non-prescription sunglasses.
  • Able to drive in daylight by scanning the road.
  • Not able to drive at twilight or night.  Has difficulty keeping track of lines in the road; no peripheral input from the right side.  Allows girlfriend or others to drive him at night.

Recommendations:

  • Wear safety glasses indoors, and during recreational activities – plano glass can be purchased from optician.  Light amber tint may be desirable.
  • Wear dark sunglasses for outdoor activities.  Purchase multiple pairs for car, home, as needed.  Can be purchased from drugstore.  Purchase sunglasses that indicate UV protection.
  • Wear safety goggles in work setting and for home repair projects.  See low vision optometrist for prescription of appropriate tint for work setting, and possibility of specially fitted goggles to reduce additional distortion of vision from retail goggles.
  • Rehab evaluation by Vision Rehabilitation Specialist, either through independent evaluation, or through state bureau of rehabilitation services.
  • Vocational rehabilitation and adaptations to work environment.  Adaptations would be reasonable accommodations under ADA.
  • Consider retraining for another type of work; evaluation to determine options.
  • May use patch over right eye to reduce strain.  This is recommended for reading or close work activities, such as table craft hobbies or computer use.
  • Practice in visual scanning will be helpful for travel and active environments.
  • Consult with medical practitioners regarding headaches, which may be a result of visual strain, or may have other neurological basis.

Because of his worsening peripheral vision, Dr. Ginsue has recommended that Doug see a cataract specialist.  He will do so in September and then he returns to Dr. Ginsue in mid-October.  His condition is otherwise stable.  There are no surgeries planned as none is seen as potentially helpful.

Before this incident Douglas Haymaker had perfect vision.  You are welcome to have him examined by a doctor of your choosing for independent confirmation of his permanent vision loss and symptoms.  We will provide authorizations if you wish to order any relevant medical records.  I have provided all that are in my file.  Please contact me at your convenience.

Very truly yours,

Evan K. Aidman

 

If you need more information or think you need an attorney, please contact Evan Aidman, Esq..

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