Details Make the Difference
Attorneys Derek Bush and Josef Hess representing our Jacksonville office recently obtained an outstanding result from a jury in Alachua County.
The case arose from a rear-end collision, negligence was not disputed. The Plaintiff claimed permanent impairments to her neck and low back.
The Plaintiff presented to the emergency department the day of the accident and thereafter received cervical and lumbar MRIs, which reported disc herniations throughout her spine. The Plaintiff initially underwent 10 months of chiropractic treatment, where she reported improvement and at times rated her pain between 1-2/10. During this time, the chiropractor referred Plaintiff for an orthopedic evaluation, where she was advised she was unlikely to need surgery.
After a 6-month gap in treatment, the Plaintiff resumed chiropractic treatment, attending 11 sessions over 15 months, followed by another 4-month gap. At this time, the Plaintiff’s medical bills were approximately $18,000.
The Plaintiff was then referred to a different provider by her attorney. In the span of 6 months, the Plaintiff received numerous injections and thermal ablations throughout her spine. Due to the new and invasive treatment, her medical bills rose over $116,000. In addition to hearing that Plaintiff was referred to the new provider by Plaintiff counsel, the jury heard that the provider required the Plaintiff complete paperwork which tied financial recovery of the medical charges to the litigation. Further, Plaintiff’s life care plan expert, who is affiliated with the practice, recommended over $773,000 in future care.
The defense experts included a biomechanics expert, a radiologist and surgeon CME. The surgeon reviewed the MRI studies level by level to show the jury a lack of acute injury and a lack of need for treatment.
Plaintiff asked the jury to award over $2,800,000. The jury deliberated for almost 3 hours before returning a verdict awarding $68,575.88 in total damages. The jury found no need for future treatment, no permanent injury and therefore no award for pain and suffering. After BI setoffs, there will a be zero verdict.
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