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Auto Club had a couple of years to pay only $275,000. Auto Club didn’t, and they are paying a steep price.
25-year-old chiropractic and acupuncture patient Nathaniel was stopped at a stop sign in Beverly Hills and was struck by defendant wo was driving a Range Rover. The force of the collision caused an airbag deployment, spun his car around into the northwest corner and crashed against the curb.
Nathaniel was taken to the hospital over night with complaints of shoulder pain. Two weeks later he saw a chiropractor and acupuncturist. The doctor referred Nathaniel to a pain management and received a facet PRP injection and a medial branch block in the cervical and lumbar spine.
Later, a neurosurgeon performed micro decompression surgery, but surgery failed.
Defendant claimed the surgery was not necessary. that Nathaniel was better after six months. Plus, he failed to get care for 19 months. Creating a large gap of care. Nor, did plaintiff report any back pain to the ER doctor.
Moreover, the pain doctor failed to report radiculopathy until over three years of the collision. A sub rosa film was recorded with Nathaniel playing in a band before surgery, showing no pain.
Plaintiff demanded $275,000 prior to surgery. Defendant offered $249,999.
Total medical bills $461,441.26 with future medical bills at $540,000.
Total Award: $1,378,441,21
Nathaniel vs. Rubin, LA Superior Court, Hon. Michelle
Fleur, November 6, 2023.
PRO TIPS:
- Most treating doctors would be too frustrated to work this case until duration. The 25 year old client would disappear from care then return with more complaints.
- This doctor was patient and made appropriate referrals when needed. That is how some trauma injuries can work.
- The patient tried to avoid surgery until the pain was too much.
- This was a huge violent collision. A Big Fact.
- Even when a sub rosa video was taken, the jury believe in the patient.
A Key element:
- A believable honest patient can overcome obstacles.
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