Amputation Claims in Pennsylvania: Prosthetics Are Not a One Time Cost
A prosthesis is replaced repeatedly across a lifetime, and settlements routinely price only the first one.
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Amputation claims are frequently settled short because the prosthetic cost is treated as a single purchase. A prosthesis has a limited service life and is replaced repeatedly, along with sockets, liners and components, and advanced devices cost substantially more than basic ones.
The arithmetic that gets missed
A prosthesis is not bought once. It has a service life, and it is replaced across decades. Sockets need remaking as the residual limb changes, particularly in the first years and again with weight change. Liners and components wear out on their own cycles. Children need replacement as they grow.
A settlement priced on the first device, or on an insurer’s estimate of a basic device, will not fund forty years of that. This is the commonest way these claims are undervalued.
Basic versus advanced devices
The gap between a basic prosthesis and a microprocessor controlled limb is very large in both cost and function. Insurers argue for the cheaper option as reasonable.
The counter is functional: what the person actually needs to work, to manage stairs and uneven ground, and to avoid the secondary injuries that come from a poor fit and compensatory movement. That case is made by a prosthetist and a physiatrist, not by argument.
Secondary consequences
- Phantom limb and residual limb pain, sometimes lifelong and requiring ongoing management.
- Overuse of the remaining limb, producing shoulder, knee and back problems over years.
- Skin breakdown at the socket interface.
- Revision surgery, which is common rather than exceptional.
- Psychological impact, including body image and depression, which is under-reported by people determined to cope.
Where amputations happen
Machinery at work, which usually also produces a claim against the equipment manufacturer. Vehicle crashes, particularly motorcycle. Crush injuries. Medical circumstances where a delayed diagnosis or an untreated infection led to amputation, which is a malpractice claim rather than a trauma one.
Where it happened at work, the compensation claim carries a defined specific loss award, and the third party claim against the machine maker is usually worth considerably more.
Do not let the equipment be repaired
If a machine was involved, it is the evidence. Repair, modification or scrapping makes the design case dramatically harder. That preservation demand should go out within days.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
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Kenneth R. Schuster
Founding Member
Read Kenneth’s background -
Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
Read Anthony’s background -
Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
How should prosthetic costs be calculated in a settlement?
Across a lifetime, not as a single purchase. A prosthesis has a limited service life and is replaced repeatedly, sockets are remade as the residual limb changes, and liners and components wear on their own cycles. Pricing only the first device is the commonest way these claims are undervalued.
The insurer says a basic prosthesis is reasonable.
The answer is functional rather than argumentative. What does the person need to work, manage stairs and uneven ground, and avoid the secondary injuries that come from poor fit and compensatory movement? That case is made by a prosthetist and a physiatrist.
What long term problems should the claim account for?
Phantom and residual limb pain, overuse injury to the remaining limb producing shoulder, knee and back problems, skin breakdown at the socket, revision surgery which is common rather than exceptional, and the psychological impact, which people determined to cope routinely under-report.
It happened at work. Do I only have a comp claim?
Usually not. Workers compensation provides a defined specific loss award for the body part, and where a machine was involved there is very often a products claim against the manufacturer, which compensates pain and suffering and is frequently worth considerably more.
What should happen to the machine?
It must not be repaired, modified or scrapped. It is the evidence for any design claim, and a preservation demand should go out within days. Photograph it as it stands, including guard mounting points and missing hardware.
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