In a low-speed collision with undisputed liability, defendant turns right into plaintiff's car. Back injury results in years of treatment for back pain and then disc surgery.
Past Medical: $122,689
Future Medical: $45,000
In September, 2008, plaintiff and defendant were stopped at a red light, side by side. The light phased green and defendant attempted to turn right, hitting plaintiff’s car. Both testified that the collision was at 5-10 mph. Property damage to plaintiff's car was $1200. Property damage to defendant’s car, $800. Plaintiff was a belted front seat passenger. No injuries or complaints of pain were reported by anyone at the scene.
That plaintiff suffered from ongoing back pain due to injury during the accident.
Admitted liability and disputed extent and causation of injuries. That Dr. Orisek charged excessive fees for his services.
That plaintiff's ultimate disc surgery was unrelated to the accident.
Plaintiff developed back pain a few days after the accident and was seen by Mark Diaz, M.D. a few days thereafter. Plaintiff was referred to physical therapy and she also saw a chiropractor.
A few months later, she was referred to Phillip Orisek, M.D. for low back pain. Dr. Orisek recommended conservative care of more physical therapy, which plaintiff underwent at various times for the next 3 ½ yrs. One physical therapist said when he finished with her she was pain free, and able to engage in all activities, so surgery was avoided. Ultimately plaintiff returned to Dr. Orisek for single level disc surgery (L5/S1 disc) in February, 2012.