A collision followed by a difficult recovery
On May 14, 2019, Susan and Walt were traveling on Beltway 8 in Harris County when a truck moved into their lane. The impact sent their car spinning. Both Susan and Walt reported back injuries, and Walt suffered fractured vertebrae.
Walt’s medical situation was complicated before the collision. He had been treated for heart failure for years and had an implanted cardiac device. His records also documented shortness of breath and fluid retention shortly before the crash. This was a case involving a seriously ill man whose family said the collision made his condition substantially worse.
Within a month of the crash, Walt underwent surgery to implant a left ventricular assist device, a mechanical pump that helps the heart circulate blood. Severe back pain added to the difficulties of managing his cardiac condition. His health and his loss of independence became central issues in the case.
In their depositions, Walt and Susan described what daily life had become. Walt talked about needing help bathing because of the external components of his heart device. Walking and sitting were difficult enough to keep him from attending his grandchildren’s events. Susan described leaving a job she loved with Tomball ISD to become his full-time caregiver. She also put off care for her own back injury while looking after him.
Proving what the crash changed
The defense argued that Walt’s preexisting cardiovascular problems explained his decline. Brian Beckcom gathered records from before and after the collision, examined Walt’s treatment history, and pursued testimony from the physicians who cared for him. The investigation focused on whether the crash had aggravated his condition.
An eyewitness and the treating physicians
The team investigated how the collision happened as well as its medical consequences. Reviewing the 911 records led Brian Beckcom to a retired Houston police officer who had witnessed the crash. The team contacted him and obtained his deposition. His account supported Susan and Walt’s description of the truck moving into their lane and sending their vehicle into a spin.
The medical work required more than collecting a list of diagnoses. Brian deposed Walt’s treating heart-failure specialist, Dr. Guha. Within a reasonable degree of medical probability, Dr. Guha testified that the collision had at least exacerbated Walt’s heart condition. His opinion addressed the link between the trauma and the worsening of Walt’s health.
The defense also wanted testimony from Dr. Amish Dave, who treated the electrical aspects of Walt’s heart condition. Brendan questioned Dr. Dave about the records and the testimony of Dr. Guha. Dr. Dave confirmed objective worsening in Walt’s cardiac function. On the cause of that deterioration, he deferred to Dr. Guha’s expertise in heart failure.
A settlement for the available insurance policy limits
Brian Beckcom presented the treating physicians’ testimony to the insurer. Dr. Guha’s opinion addressed the aggravation of Walt’s heart condition, while Dr. Dave confirmed objective worsening and deferred to the heart-failure specialist on its cause.
Brian Beckcom and Brendan Fradkin resolved the claims for the remaining available limits of the trucking company’s commercial liability policy.
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