David & Leah were T-boned by an on-duty OC sheriff. Both saw a chiropractor and received months of care. Leah complained of mid back pain but did not complain about any head injury-at the time. At trial, it was argued she suffered a brain injury and chronic pain via facet syndrome in her thoracic spine.
She had 'normal 'MRI's and x rays. She did complain about mild headaches and showed a small laceration to the left side of her head. Nothing about a concussion or post causation. Then she began to experience anxiety attacks and depression. She had a preexisting history of depression. Her treating doctor stated to the jury that: "headaches, anxiety and short term memory loss" are consistent with a traumatic brain injury. Before trial Leah underwent a PET scan which showed less metabolic activity in the exact area where she sustained her head injury.
The jury awarded Leah: $10,000 past medical bills, $149,000 future medical bills and $65,000 past lost earnings, $500,000 future loss earnings, $500,000 for past pain and suffering and $250,000 for future pain and suffering. TOTAL $ 1,474,000.
David had a back injury with lumbar radiculopathy and shoulder pain. At the accident, David only complained about the shoulder---a week after he noted his increasing his LBP. Defense argued that David injuries were preexisting degeneration. David underwent a lumbar disc replacement and still has residual back pain. He will also need future surgery and pain management.
The jury awarded David: $169,000 past medical bills, $250,000 future medical bills, $ 23,000 past loss of earnings, $50,000 future loss of earnings, $300,000 past pain and $ 250,000 for future pain. TOTAL $ 1,042,000.
Orange County Superior Court, Hon Judge Lusebrink presiding. March 27, 2017
