HI
Back & spine settlements
in Hawaii.
By MyClaimWorth Editorial9 min read
When the titanium rods for a spinal fusion could not be found mid operation at Hilo Medical Center, the surgeon cut a piece from a stainless steel screwdriver and implanted it. The jury awarded $1.7 million in general damages to the estate and $3.4 million in punitive damages against the surgeon. A construction worker’s back injury in 2004 was linked to a spine condition diagnosed years later.
Facts that decide a back & spine claim in Hawaii
| State hospitals | A claim against a state hospital is tried by the judge unless all parties consent to a jury; the jury in Dolan was advisory for the hospital.Haw. Rev. Stat. § 662-5; Dolan v. Hilo Medical Center (Haw. App. 2012) |
|---|---|
| Later spine conditions | A spine condition diagnosed years after a work injury can be compensable if causally related to it; Skahan’s DISH was, his low back was not.Skahan v. Stutts Construction (Haw. 2021) |
| Deadline to sue | Two years after the claim accrues; for a car crash, the later of that or two years after the last no-fault or comp payment.Haw. Rev. Stat. §§ 657-7, 431:10C-315, quoted in Darny (Haw. App. 2025) |
$80,000 to $400,000+
Back injury (severe, surgery)
The US band is the starting point. Hawaii's fault rule and any applicable cap then adjust the figure.