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★ Vermont · back & spine

Back & spine settlements
in Vermont.

By 9 min read

Three days after a lumbar fusion at Fletcher Allen, a patient says a nurse let go while helping her to the bathroom and she fell violently onto the toilet; she lost because she named no expert. A Rhino Foods worker who slipped in a walk in cooler hurt her knee and lower back, got a 4% knee rating and 0% for her back, and then lost her appeal on procedure.

Facts that decide a back & spine claim in Vermont

Expert needed after surgeryClaims about post surgical nursing care after a spinal fusion were complex enough to need expert testimony.Taylor v. Fletcher Allen Health Care (Vt. 2012)
One appeal routeA comp claimant may appeal to the superior court or directly to the Supreme Court, not both.Zebic v. Rhino Foods (Vt. 2021)
Deadline to sueThree years for “injuries to the person suffered by the act or default of another,” counted from discovery of the injury.12 V.S.A. § 512(4)
★ band · US federal frame
$80,000 to $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. Vermont's fault rule and any applicable cap then adjust the figure.

★ VT · reported back & spine outcomes

What Vermont courts have awarded.

Real Vermont decisions and verdicts, each linked to the court record or official report.

  • Vermont Supreme Court · 2012
    Summary judgment for the hospital affirmed

    Sally Taylor had lumbar surgery at Fletcher Allen that fused part of her lower spine with hardware. On the third day, she alleged, a nurse helping her to the bathroom withdrew support without warning and she fell violently onto the toilet, followed by severe pain at the surgical site. She disclosed no expert witness, and the court affirmed judgment for the hospital.

  • Vermont Supreme Court · 2021
    Appeal dismissed

    In September 2015 Sadeta Zebic, at Rhino Foods since 1999, slipped without falling in a walk in cooler and hurt her right knee and lower back. She had arthroscopic meniscus repair in January 2016. An examiner rated the knee at 4% and the back at 0%, and she was paid a lump sum for the knee. Her later appeal was dismissed because she had already appealed to the superior court.

★ VT · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Vermont.

  1. 1

    Line up a medical expert early in any claim about hospital care.

  2. 2

    Challenge a 0% back rating with your own treating doctor’s opinion.

  3. 3

    Pick one appeal route in a comp case and follow it through.

★ VT · statute of limitations
3 years from date of injury

12 V.S.A. § 512

★ VT · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. Vermont courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back injury (moderate, no surgery)$30,000 to $100,000Reported decisions plus settlement aggregates
Back injury (severe, surgery)$80,000 to $400,000+Reported decisions; statutory cap states constrain the upper end
★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Vermont's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Vermont · you are hereModified comparative, 51% bar3 years from date of injury—
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · back & spine →
DelawareModified comparative, 51% bar2 years from date of injuryDE · back & spine →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · back & spine →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · back & spine →
MarylandPure contributory negligence3 years from date of injuryMD · back & spine →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · back & spine →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · back & spine →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · back & spine →
WyomingModified comparative, 51% bar4 years from date of injuryWY · back & spine →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · back & spine →
VirginiaPure contributory negligence2 years from date of injuryVA · back & spine →
WashingtonPure comparative negligence3 years from date of injuryWA · back & spine →
★ VT · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for Vermont's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Vermont. See /methodology, /sources, and /disclaimer.