Maine Personal Injury and Medical Malpractice Lawsuits

Portland, Bangor, Lewiston - Maine

The personal injury and medical malpractice lawyers at Berman & Simmons are dedicated to helping seriously injured clients recover as fully as possible. We have earned the reputation as “the best plaintiffs’ personal injury and medical malpractice firm in Maine”. Our clients have been awarded many of Maine's highest verdicts and settlements and our attorneys are recognized throughout the State as being among the very best for professional excellence, skill, integrity, and leadership in the Maine bar. If you need help with a personal injury or medical malpractice case, please call 1-866-664-2403 for a free consultation.


Gorham, Cumberland County, Maine. Jury verdict vindicated a Gorham man who suffered a significant back injury as a result of a car accident and not "after the fact" as Allstate Insurance claimed. Prior to trial, the insurance company offered $60,000 to settle the case.


Burlington, Chittenden County, Vermont. $22.5 million jury verdict on behalf of electrical utility lineman who suffered bilateral, below-the-knee amputations resulting from high-voltage electrical operations.  The verdict followed a three-week jury trial in Burlington, Vermont, and is the second highest jury verdict in Vermont history.


Portland, Cumberland County. Wrongful death action brought on behalf of parents of an 18-year old boy who was murdered in the parking lot of a Portland restaurant.  The restaurant and its parking lot had been the scene of a large number of violent and criminal incidents during the preceding decade, had hired off-duty police officers for security at some times, but had chosen to discontinue this practice prior to April, 1998.  On the evening of the incident, a fight began in the parking lot and the decedent was brought into that fight and stabbed by an unknown assailant, who fled immediately after the stabbing.  The owners of the restaurant agreed to compensate the plaintiffs for the loss of their son.


Skowhegan, Somerset County, Maine.  Plaintiff, deceased's estate, sued defendant landowner for loss of comfort, society, and companionship in this wrongful death action.  While installing a private power line, the 41-year old electrician fell 30 feet to his death onto the frozen ground when the utility pole snapped off.  Prior to trial, defendant made settlement offer of only $50,000.


Augusta, Kennebec County, Maine.  Wrongful death action on behalf of decedent who froze to death after being stranded overnight in his wheelchair due to landlord's failure to maintain the pedestrian walkway free of ice and snow for this paralyzed tenant. Plaintiff also sued for loss of consortium, comfort, society and companionship and conscious pain and suffering.  Probable cause of death was hypothermia.  Prior to trial settlement offer of only $150,000 was offered by defendant.


Bangor, Penobscot County, Maine.  When Defendant New Jersey trucking company failed to honor sales agreement with plaintiff and tried to break its contract after 20 months, defendant sued for breach of contract.  Defendant had received significant revenues of $5,612,432.55 for contract (which plaintiff had obtained for defendant) by hauling freight for large department store franchise.  Prior to litigation, defendant had offered only $5,000 to settle.


Auburn, Androscoggin County, Maine.  In this products liability accident case, an elderly woman was hit by an automatic door and knocked to the ground while entering defendant Shaw's Supermarket in Lewiston, Maine.  She sustained personal injury of a broken leg and other pain and suffering from her fall due to a design defect in the door wherein the motion detector beam was not positioned close enough to threshold.  Prior to trial, defendant door manufactuer settled for $400,000, defendant plate glass installer settled for $5,000, and after jury selection, defendant Shaw's settled for $30,000.  Prior to suit defendant door manufacturer had offered only $25,000.


Bangor, Penobscot County, Maine.  Plaintiff was seriously injured in this workplace accident.  While performing maintenance work on the hydraulic cylinder of an industrial dump truck, there was an explosion and fire causing personal injury to plaintiff who lost his leg and suffered serious burns over 65% of his body, plus significant lost wages.  In his lawsuit, we argued that there was failure of warning and instruction for maintenance by manufacturer.  Prior to trial, plaintiff settled with manufacturer of cylinder for $500,000 and also with the workers' compensation carrier for an additional lump sum and waiver of liability lien.  Additional $2,885,000 was received as verdict in trial for plaintiff, plus $900,000 loss of consortium verdict for spouse.  Prior to trial, defendant offered only $250,000.


Bangor, United States District, Maine.  Plaintiff, owner of trucking company, sued defendant for breach of contract and contract fraud when he was not paid by defendant for sale of his company to them.  We argued that defendant fraudulently tried to hide their assets by transferring their assets in order to make the purchasing corporation unable to pay.  Prior to trial defendant made a settlement offer of $75,000.


Belfast, Waldo County, Maine.  In this Breach of Contract lawsuit, defendant hospital terminated plaintiff doctor's contract claiming nonperformance by plaintiff. Defendant had recruited plaintiff from California to work as an obstetrics and gynecologist doctor in Machias, Maine under a two-year contract with income guarantees. Plaintiff claimed direct and consequential damages.


Augusta, Kennebec County, Maine.  Plaintiff sued defendant Town of Winthrop for Breach of Contract when they terminated his snow plowing contract stating that plaintiff had improper equipment and poor performance. Although the contract's terms required that he meet specific requirements with his trucks, defendant had failed to enforce those terms over a course of eight years.  We argued that due to lack of enforcement by defendant these terms had been waived.  Prior to trial defendant offered only $25,000.


Auburn, Androscoggin County, Maine.  Plaintiff sued defendant oil company for breach of contract and price fixing when defendant coerced him to fix gasoline prices. Plaintiff incurred damages of lost gasoline sales, lost store sales, lost retirement income and penalties. No settlement offer was made prior to trial by defendant.


Portland, Cumberland County, Maine. Plaintiff brought a lawsuit against defendant for breach of implied contract claiming he had originated idea and concept for a land development project and in return was promised an equity position in project. Promise was not honored.


Bangor, Penobscot County, Maine.  When Defendant New Jersey trucking company failed to honor sales agreement with plaintiff and tried to break its contract after 20 months, defendant sued for breach of contract.  Defendant had received significant revenues of $5,612,432.55 for contract (which plaintiff had obtained for defendant) by hauling freight for large department store franchise.  Prior to litigation, defendant had offered only $5,000 to settle.


Portland, United States District, Maine.  Two plaintiffs sued defendant restaurant company for sexual harassment claiming defendant's employee supervisor sexually harassed them thus causing them emotional distress. The case went to jury on the issue of punitive damages. After verdict in favor of one plaintiff of $175,000, the case was settled for a total of $275,000.  Defendant's pretrial offer was only $16,500.


Androscoggin County.  Intersection collision; Plaintiff had multiple prior accidents with the same general injuries for which he had received chiropractic care.  Damages alleged: Exacerbation of pre-existing spinal injuries which required 10 months of chiropractic care.  Liability was stipulated.  The issue tried was whether the Plaintiff suffered any injury.  No lost wages were claimed.  Pre-trial demand of $15,000 and offer of $10,000.


Androscoggin County.  Plaintiff t-boned an uninsured van that attempted a left turn from a gas station and across a divided four lane highway.  Plaintiff sought treatment for headaches and neck pain over six years.  Defendant argued the accident caused a temporary flare up of similar pre-accident symptom for which she received medical treatment the year before the accident. Plaintiff's expert related the cervical disk bulges to the accident. Damages alleged were $14,000 in medical bills, $5,300 lost wages. Pre-trial demand of $92,500, offer $30,000.


Cumberland County.  Plaintiff  claimed soft tissue damages to her neck, shoulders, back and hips after being struck by an improperly secured shed wall that was being constructed on her property.  Plaintiff claimed $17,000 in medical bills of which $12,000 were for chiropractic care.  Defendant argued that the post-accident problems were merely a continuation of the same type of complaints and treatment Plaintiff had been receiving for several years prior to the accident.  Pre-trial settlement offer of $7,500 - Plaintiff's pre-trial demand $70,000. 


Bangor, United States District Court, Maine.  While employed with Maine National Guard in Augusta, Maine, plaintiff sustained serious personal injury when heavy equipment being moved by defendant's employee fell of a pallet jack.  Plaintiff incurred severe back and nerve injury, degenerative disc disease, which resulted in surgery, bi-level spinal fusion including bone graft from hip and placement of rods and screws.  Plaintiff sued for pain and suffering, medical bills and lost wages.  Defendant had offered $100,000 prior to trial.


Auburn, Androscoggin County, Maine.  In this personal injury car accident case, a motor vehicle passed plaintiff at a high rate of speed, crashed into an on-coming vehicle head-on and side-swiped plaintiff's car.  Driver of passing automobile was uninsured and died at the scene of the accident. Plaintiff who was treated the day after accident but did not seek additional treatment for about three months incurred chronic neck and shoulder pain, lost earnings of approximately $10,000 and medical bills of $4,710.83.  Plaintiff sued his insurance company for uninsured motorist claim.  Defendant insurance company offered to settle prior to trial for only $18,000.


Portland, Cumberland County, Maine.  Plaintiff was rear-ended by defendant in this car accident causing aggravation to plaintiff's prior condition of back pain which he suffered from due to degenerative arthritis.  Defendant claimed a third-party vehicle pushed her vehicle into Plaintiff's car and then left the scene.  We also sued the uninsured motorist carrier in case the jury believed the phantom vehicle theory.


Portland, United States District, Maine.  Plaintiff's car was rear-ended by an uninsured motorist and he sustained whiplash, neck and back injury, pain and suffering and injury to his knee (an infection which set in one year later).  Plaintiff had a long-standing history of pre-existing knee condition (four previous surgeries) and prior low back and degenerative neck and back condition.  $25,000 offer to settle was made before trial and was increased to $60,000 during trial.


Portland, United States District, Maine.  In this personal injury motorcycle crash, plaintiff, a passenger, was thrown from the motorcycle and seriously injured.  Driver was uninsured. Plaintiff sustained brain injury, shoulder nerve injury, broken leg and hips, bruised heart and collapsed lung.  Medical bills were $50,000.


Bath, Sagadahoc County, Maine.  Plaintiff incurred injuries at an intersectional collision when a motor vehicle crashed into the rear of her car while she was stopped at a traffic light.  Defendant's liability policy limit of $10,000 was paid to injured plaintiff; however we sued for and recovered the $100,000 per person limit arising from a collision with an underinsured motorist.


Portland, Cumberland County, Maine.  Plaintiff sustained head injury and aggravation to prior existing back, neck and arm/hand conditions when defendant's employee crashed into her car while she was attempting to turn into her driveway causing her personal injury.  Plaintiff's medical bills totaled $9,600.


Alfred, York County, Maine.  Plaintiff was rear ended by defendant when he crashed into plaintiff's pick-up truck while it was stopped in traffic.  As a result of this personal injury car accident, plaintiff had to treat with a chiropractor and physical therapist and was referred to a neurosurgeon.  He suffered low back pain, aggravation of pre-existing condition of degenerative disc disease, which resulted in surgery and disc fusion to treat his chronic back pain.  Plaintiff was out of work for seven months, had lost wages of approximately $18,000 and medical expenses of $40,701.


Portland, Cumberland County, Maine.  Plaintiff incurred a personal injury of physical pain, suffering and loss of enjoyment of life when a circular saw fell off the roof onto his knee.  In this workplace accident, despite defendant's denial of liability on the grounds that the roofers were not his employees but were independent contractors, plaintiff won his lawsuit.  Plaintiff incurred medical bills of $16,800.  Prior to trial defendant made settlement offer of only $50,000.


Portland, Cumberland County, Maine.  As a result of this personal injury rear-end car collision, plaintiff sustained extensive bruising to her leg and as a result developed phlebitis.  2 1/2 years post accident plaintiff had a recurrence of phlebitis and almost 4 years post accident developed deep vein thrombosis (DVT) in her leg and was hospitalized.


Portland, Cumberland County, Maine.  Defendant rear-ended plaintiff in this personal injury car accident causing plaintiff whiplash neck injury and intermittent arm numbness possibly due to nerve injury.  Medical bills totaled $15,224.88.  Settlement offer was made by defendant prior to trial of only $25,000.  There were no lost wages.


Bath, Sagadahoc County, Maine.  In this car accident, while trying to park his car, defendant backed into plaintiff's parked car causing personal injury of whiplash neck injury to plaintiff.  Plaintiff who was work-disabled from a previous work-related injury also sustained aggravated back injury from prior condition. Prior to trial, defendant made a structured settlement offer of only $20,000.


Portland, Cumberland County, Maine.  In this personal injury case, plaintiff was seriously injured and her spouse was killed when a logging truck crashed into their truck.  Plaintiff suffered scalp injury, cuts on her leg, bruised shoulder, torn cartilage in her knee which required surgery, a ganglion cyst in her groin, severe, traumatic emotional distress.  Prior to litigation a wrongful death case for deceased spouse was settled.  Defendant's final settlement offer for this lawsuit was only $70,000.


Auburn, Androscoggin County, Maine.  Plaintiff was a passenger on a motorcycle that was stopped at highway construction site when it was struck head-on by a pick-up truck.  In this personal injury accident, plaintiff sustained serious head injury and brain damage in addition to broken bones and significant pain and suffering.  Both plaintiff and defendant truck driver claimed defendant Maine Department of Transportation was negligent due to failure to warn with adequate signs and flaggers.  Verdict of $400,000, which was maximum damages, limit allowed under Maine Tort Claims Act and $50,000 settlement from defendant truck driver.


Auburn, Androscoggin County, ME.   In this intersectional collision, disabled plaintiff was a passenger when the car he was riding in crashed with another automobile.  Neither driver admitted to having a red traffic light; both claimed to have a green light.  Plaintiff sustained personal injury, which aggravated a previous condition of disc problems in his back, which resulted in further surgery.  Prior to trial defendant offered only $52,500 to settle.


Alfred, York County, Maine.   Defendant made a left-hand turn in front of plaintiff causing their vehicles to crash in this personal injury car accident.  Although plaintiff showed no severe injuries at the time, one month later she had degenerative changes and underwent physical therapy.  Fourteen months later she had an MRI that showed back injuries, specifically disc herniation, and underwent surgery. Defendant denied liability.  Defendant offered $125,000 to settle prior to trial.


Belfast, Knox County, Maine.  In this personal injury intentional tort case, plaintiff suffered a broken neck and became paralyzed after defendant assaulted him at a party knocking him over a railing onto a stone driveway.  Both parties had been drinking heavily.  Plaintiff did incur lost wages and did regain use of his arms and legs but continued to have nerve damage.  Defendant claimed he had not even seen defendant at party.  Prior to trial defendant offered only $50,000 to settle.


Auburn, Androscoggin County, Maine.  In this slip and fall plaintiff suffered personal injury when she fell on a wet, slippery floor at defendant K-Mart's store.  Defendant's employee was mopping water on floor and failed to post a warning notice.  Plaintiff sustained pain and suffering of a broken kneecap.  Plaintiff incurred $22,000 in medical bills.  Prior to trial defendant offered only $40,000 to settle.


Auburn, Androscoggin County, Maine.  Plaintiff sustained whiplash neck injury in a multi-car and tractor-trailer truck accident.  Driver of tractor-trailer truck lost control in a snowstorm and crossed median of Turnpike into oncoming traffic causing a multi-car pile up.  After her front-end impact, plaintiff who was driving the middle car was rear-ended by another vehicle causing her personal injury.  Prior to trial defendants offered only $17,500 to settle.


Alfred, York County, Maine.  Plaintiff and defendant, husband and wife had been drinking and were under the influence of alcohol.  Defendant was driver of car when plaintiff sat on hood and plaintiff drove off causing plaintiff to fall off.  Plaintiff incurred a broken ankle in his personal injury requiring six surgeries.  Prior to trial defendant made settlement offer of $50,000.


Bangor, United States District, Maine.  Plaintiff sustained personal injury in a slip-and-fall accident when she slipped on ice in a Wal-Mart parking lot causing injury to her knee, which resulted in surgery.  We claimed defendant was negligent in failing to take care of its parking lot.  Prior to trial no settlement offers were made.


Auburn, Androscoggin County, Maine.  In this car, truck accident, plaintiff incurred personal injury when the rear of defendant's tractor-trailer truck crashed into side of plaintiff's vehicle while he was stopped at a red light.  Plaintiff sustained whiplash neck injury and aggravation of a previous back worker's compensation injury.  Plaintiff had also had a prior car accident where he suffered a broken neck.  In this lawsuit plaintiff claimed no lost wages or lost earning capacity.  Defendant stipulated to liability a week before trial.


Augusta, Kennebec County, Maine.  Plaintiff sustained personal injury in this slip-and-fall accident due to defendant's failure to provide proper warning at his roller skating rink. Lack of clear notice created a hazardous condition and resulted in two broken bones in leg and sprained wrist, pain and suffering.  Plaintiff incurred medical bills of $15,637.84.


Portland, Cumberland County, Maine.  Plaintiff sustained back injury in this personal injury car accident when he was rear-ended while stopped at traffic light.  Defendant claimed that plaintiff made a right turn on red light and then stopped for no reason.


South Paris, Oxford County, Maine.  Personal injury car accident litigation for plaintiff who sustained whiplash, soft tissue injury to neck and shoulder, diagnosed as fibromyalgia. Plaintiff had pre-existing condition of neck fracture and nonspecific seizure disorder.  Defendant Maine Department of Transportation and their contractor were negligent in temporarily removing guardrails.  Defendant husband of plaintiff was driver of vehicle.  Prior to trial, defendant MDOT offered $3, 000 and other defendant offered $15,000. Plaintiff had $10,726 in medical bills.


Augusta, Kennebec County, Maine.  Defendant crashed into plaintiff's parked car as she was exiting it causing herniated disk in her back, numbness and weakness in her arms. As a result of this personal injury, she also sustained diminished quality of life, emotional distress and prevented her care of her elderly mother.  Prior to accident plaintiff was fully disabled due to pre-existing nerves, heart and chronic low back disk disease. Settlement offer prior to trial was only $25,000.


Portland, Cumberland County, Maine.  Defendant sold plaintiff tires and re-mounted his spare tire under his truck. While plaintiff was driving, spare tire fell out causing plaintiff to replace it and in doing so he incurred neck injury, which required surgery two years later.  Plaintiff claimed damages of $17,000 in medical bills and pain and suffering caused by defendant's employee's negligence.


Rockland, Knox County, Maine.  In this personal injury, plaintiff's car was stopped when she was rear-ended by a New England Telephone truck.  As a result of collision, she sustained whiplash injury with significant pain, suffering and trauma to her neck and back with herniated discs requiring two surgeries.  Plaintiff incurred $60,000 in medical bills and significant lost wages.


Augusta, Kennebec County, Maine.  In this slip-and-fall accident, plaintiff slipped and fell in water in entranceway to defendant's Waterville, Maine store.  Her fall resulted in a serious injury to her knee.  Causation was questioned since plaintiff had a pre-existing condition having injured the same knee 12 years prior to this personal injury.



Auburn, Androscoggin County, Maine.  Plaintiff, who had a 10-year history of degenerative disc disease of the neck and back, was rear-ended by a tractor-trailer truck.  As a result of car accident, plaintiff suffered from whiplash and needed surgery for disc fusion.  She incurred medical expenses of $27,000 and would continue to experience pain and suffering.  In addition to her $225,000 verdict, her spouse received an additional verdict of $50,000 for loss of consortium claim.


Auburn, Androscoggin County, Maine.  In this car accident, plaintiff sustained personal injury when her automobile was rear ended by defendant.  She suffered from whiplash, soft tissue damages, aggravation of pre-existing condition of degenerative arthritis, and serious neck pain injury from this crash.


Wiscasset, Lincoln County, Maine.  Personal injury of an elderly lady in a slip and fall accident when she fell off a raised, wooden platform, without railings, which ran length of display area in a store.  Plaintiff incurred pain, suffering, and emotional distress from her fall due to owner's negligence.


Auburn, Androscoggin County, Maine.  Plaintiff sustained back injury, neck and lumbar strain, in an intersectional collision of vehicles when defendant failed to yield right-of-way and did not stop at a red traffic light.  Plaintiff had a history of back problems.


Auburn, Androscoggin County, Maine.  Plaintiff incurred whiplash neck injury in traffic accident and had only $1,000 in medical bills.  Defendant stipulated to liability for this collision but claimed the injury was not caused by his negligence since Plaintiff did not report injuries until two months later.


Auburn, Androscoggin County, Maine.  Plaintiff sustained whiplash in a car accident when defendant police officer crashed broadside into Plaintiff's truck. Defendant was responding to emergency call but neglected to use siren or blue lights. Plaintiff incurred soft-tissue, neck pain and injury due to this collision.


Augusta, Kennebec Superior Court, Maine - Plaintiff was rear-ended while stopped at a rotary in Augusta. There was minimal damage to his rear bumper.  He was seen by his internist on six occasions and treated for neck pain, back pain and headaches.  Total medical bills were $1,300.  Offer from Allstate Insurance prior to trial was $5,000. Verdict came in at $21,300.


Portland, Cumberland County, Maine.  Plaintiff fell on ice in the parking lot of a Hannaford store and sufferred a comminuted patella fracture.  Defendant refused to accept liablity and did not provide any settlement offers prior to trial.  After a two day trial, the jury came back with a verdict in favor of the plaintiff for $85,000.


Androscoggin Superior Court. Jury verdict obtained for a mother and child for medical care, lost earnings, lost enjoyment of life against local hospital and certified nurse midwife.  The child suffered hypoxic ischemic encephalopathy as a result of the mismanagement of the last two hours of labor.


Machias, Washington County, Maine.  32 year old plaintiff incurred severe pain and suffering and emotional distress due to defendants' failure to notify him of diagnosis of kidney cancer until approximately one year after he was diagnosed.  Plaintiff went to the emergency room and reported that he had blood in his urine and pain in his left side.  Defendant doctor claimed that defendant radiologist failed to call him with results of renal ultrasound, which confirmed presence of a large soft tissue, mass.  Plaintiff was discharged from hospital and never received his diagnosis.  Defendant hospital failed to correctly distribute defendant radiologist's radiology report. Plaintiff admitted that he had been instructed to follow up with a urologist but failed to do so upon his first discharge from hospital.  Approximately one year later plaintiff had recurring symptoms and was diagnosed with Stage IV renal cell carcinoma for which there is no treatment and he subsequently developed lung cancer which required surgery.


Belfast, Waldo County, Maine.  In this medical malpractice case, the elderly plaintiff underwent total hip replacement surgery, which seemed successful. Due to a fall the next day while being assisted by physical therapist and nurse back into bed at the hospital, plaintiff dislocated the replaced hip, which required another surgery.  Five days after returning home she incurred sudden and severe pain in her hip and upon x-ray doctors found that a bone near her hip was broken and she had suffered a second dislocation.   Prior to trial settlement defendant made offer of only $25,000.


Portland, Cumberland County, Maine.  Due to defendant's negligence, plaintiffs' daughter was born with Cerebral Palsy and brain damage and Plaintiffs suffered severe and ongoing emotional distress and loss of earning capacity in this medical malpractice case.  Plaintiff previously delivered twins via caesarean section and was one week past due date for delivery in this pregnancy when the obstetrician induced labor using Oxytocin.  After a prolonged labor, plaintiff requested to have a C-section but her doctor urged her to "stay the course" toward a vaginal delivery.  Several hours later baby experienced a decelerated fetal heart rate and mother screamed in pain.  Subsequently a c-section was performed but by then infant had suffered a severe birth injury. Verdict for plaintiff baby of $7,485,000; verdict for plaintiff mother for emotional distress of $1,500,000.


Alfred, York County, Maine. When plaintiff tore the cartilage in his knee he went to defendant, an orthopedic surgeon who recommended arthroscopic surgery, which resulted in further nerve damage to plaintiff's knee and numbness and weakness in his leg.  We argued that the subsequent injury, which caused plaintiff pain and suffering, was due to negligence of doctor by use of excessive force with the surgical instrument.  Post-surgical medical bills (physical therapy and neurological follow-up) were $3,115.20.  Prior to trial defendant made no settlement offer.


Portland, United States District, Maine.  Plaintiff went to the emergency room with severe neck pain and was diagnosed with onset diabetes, urinary tract infection and bacterium.  She was admitted to the hospital where she was seen by defendant orthopedic surgeon for her neck pain and other symptoms and he took x-rays but did not do an MRI.  He misdiagnosed her as having arthritis in her neck.  Due to defendant doctor's failure to diagnose infection and multiple abscess on her neck and back in this medical malpractice case, he missed his chance to cure her  which resulted in her becoming quadriplegic and incurring severe pain and suffering, despite three major surgeries. 


Rockland, Knox County, Maine. Plaintiff, an elderly lady, was diagnosed with cancer and was prescribed a chemotherapy drug by her doctor.  Because the pharmacist at Wal-Mart Pharmacy gave her a wrong prescription, which was a stronger dosage cancer drug, plaintiff developed severe side effects caused by the wrong drug.  Due to defendant's negligence and pharmacy error, plaintiff incurred internal bleeding, was in the hospital for five weeks and received numerous blood transfusions.  Although her cancer did go into remission, plaintiff sustained pain and suffering from her adverse reaction and incurred $70,000 in medical bills.  Prior to trial defendant made settlement offer of $100,000.