Woman claimed whiplash with ongoing pain from a U-Turn crash
Drucella McAllister, 62, a dental hygienist, was driving her car with defendant began to make a U-turn in front of her. Her car struck the left side of defendant’s vehicle.
McAllister was taken by ambulance with “soft tissue” complaints. McAllister received care from Justin Egerer DC of Placentia. She also received some acupuncture.
Mercury admitted liability but offer to pay only $15,000 for her trouble.
McAllister’s medical bills were $7153. She claimed $20,179 in past loss earnings. McAllister testified she could no longer garden or enjoy physical play with her grandchildren. She asked for $18,000 for loss of activities of daily life as pain and suffering, for a total of $45,332.
Verdict: $45,332.
Orange County Superior Court: 30 2010 00346702. Judge Charles Margines March 17, 2011.
- The bills or diagnosis were not impressive.
- The Loss of Earnings during these rough economic times are usually honored.
- The award for ADL is good and logical---when you discuss what the patient missed during her recovery and what she may miss in the future –opens the door for better awards. Good work by Dr. Egerer.
SHAWN’S SPEAKING SCHEDULE
Encino 06/08/2011
06/25/2011 Palm Springs
Ontario 06/11/2011
Hacienda Heights 07/09/2011
Thousand Oaks 08/06/2011
Riverside 09/10/2011
Case of the Month: by Dennis Hudgins DC, Oceanside
Joel Papale, 57, was on a construction project measuring garage doors for a sub contractor. Papale was wearing a hard hat. As Papale passed beneath an open second-story window to measure the next garage door. Without warning a large heavy piece of drywall was thrown out the second story window directly on top of Papale.
Initially Papale treated at Kaiser where x rays revealed severe spurring from C5 - C7. Diagnosis was a cervical contusion. Later Papale went to Dr. Hudgins DC. Dr. Hudgins took over care and sent Papale to an MRI which demonstrated traumatic changes from C5 to C7. Also Papale was referred for an EMG which was positive. Dr. Hudgins sought clinical correlation and referred Papale to a neurologist because of continued dizziness. The diagnosis was C7 nerve root impingement.
Recommendations for a 3 level cervical fusion were made. Workers Comp refused to authorize surgery.
Total medical bills were $25,600. Future surgery ranged from $85,000 to $100,000 and over $600,000 future LOSS OF EARNINGS, assuming he could return to work following surgery.
Verdict $ 890,804.
Papale vs. Ultra-Wall, Inc: RIC 432 741 Riverside Superior Court. Judge Cahraman.
- Kaiser has a terrible history with MS injuries
- When you get that case from Kaiser always copy their records but exam the patient as if new
- The successful PI doctor knows he or she is the “manager” for the patient’s care.
- Dr. Hudgins referred patient to MRI, EMG and MD’s. All of which confirmed his findings and justified his treatment.
