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Tatiana, 28 years old, was a passenger in a car that was rear-ended while stopped at a red light. She sought care from her chiropractor, who referred her to physical therapy and finally epidurals. Then, she underwent two separate cervical disc replacement surgeries. She made a good recovery.
Three months after her second surgery she was rear-ended again.
The second accident left her with pain in the neck 2/10 and upper back for the rest of her life. There were no further surgical recommendations.
Brinks admitted 100% fault for the first surgery. But the second surgery could have been due, in part, to preexisting degeneration. And that Titiana made an excellent recovery.
Brinks argued that the second accident, 5 years after the first accident was the primary cause of her ongoing symptoms.
The Court issued an order excluding defense retained expert, Bruce McCormick MD, from offering any opinions at trial on the reasonable value of past medical expenses, because of his lack of qualification in this area.
The case settled before the jury verdict at $2,325,000 including $211,000 in court costs.
Sacramento Superior Court, Hon judge Kenneth C Mennemeier.
PRO TIPS
- Subsequent accidents can ruin the first case. The managing doctor must keep good SOAP notes proving pain levels before and after each accident and specific body parts.
- The patient avoided surgery as long as possible. Many times, cases settle too quickly before the real expenses take place. The managing doctor needs to be very sensitive if his or her patient is potentially ‘surgical.’
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