Plaintiff John Gutzweiler has to pay from his pocket $58,765 to the defendant's insurance company---because the jury did not believe he was hurt in a Minor Impact Soft Tissue [M.I.S.T.] accident.
Across town, Natalia North received an award of $1,120,000. The jury believed she was badly injured even though the defense also claimed M.I.S.T. that "the forces involved in the collision, which only caused scratches to Plaintiff's vehicle, were not sufficient to cause injury."
What were the differences between the two cases?
- John had surgery 3 years after the accident with medical bills over $189,000. Defendant admitted fault, but argued that the accident was of 'minimal' damage. Defendant's accident reconstruction expert claimed the car damage could not have caused any serious injuries.
LA Superior Court: Gutzweiler vs. Hulbert BC 439685 Jan 9, 2013, Judge Chavez
- Natalie, 5 months after the accident, had arthroscopic repair of the superior labrum. A year later she underwent a right tibial partial sesamoidectomy. Her doctors testified she would need future surgery
- Do you believe the patient is really injured? If you have doubts, the jury certainly will.
- The juries liked & believed Natalie but certainly didn't like or believe John.
- Most jurors hate M.I.S.T. cases. Most people have accidents and most are MIST accidents. Most people do not treat when they have a MIST accident. The extent of proof and credibility to prove serious bodily harm is very difficult and expensive. Most MIST cases lose and lose badly.
- The DC must make sure that any surgical result from the injury must be directly related to the accident.
- The DC needs to be connected and co-manage with all MD’s to make sure the medical doctors will support causation. MD's generally have little interest in PI cases. MD’s can destroy perfectly good cases. The DC needs to engage with the MD's treating his patient. The DC must lead the health care team.
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San Gabriel Valley 02/27/13
Alameda County 03/12/13
Long Beach 03/20/13
Santa Barbara 03/28/13
San Bernardino 04/16/13
For questions call John at 310-697-9000 or
e-mail johntawlian@shawnsteel.com
Susana Ragos Chung, 62, Los Angeles was disbarred for filing fraudulent cases involving staged accidents. Previously, Chung was convicted of two felonies. The four year investigation called "phantom menace" was conducted by the District Attorney for Alameda County.
Chung worked with doctors including chiropractors in creating false claims. She cooperated with police to help convict her associates. California State Bar vs. Chung Jan 9 2013
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For reports of your local hospitals rates see: http://www.cdc.gov/hai/
