Evidence Leads the Way
Attorneys Derek Bush and Josef Hess out of the Jacksonville office obtained a positive verdict on an auto accident where Plaintiff underwent significant treatment.
The case arose from a T-bone collision that resulted in both vehicles being totaled. The Plaintiff claimed related head, neck, and low back injuries. Negligence was admitted, and the defense also admitted temporary causation of some damages.
The Plaintiff presented to the ER the day of the accident, and thereafter received cervical and lumbar MRIs which showed disc herniations throughout her spine. The Plaintiff initially underwent 8 months of physical therapy and pain management which included trigger point injections. Then for 13 months Plaintiff did not receive any physical therapy or chiropractic treatment to her low back. However, she continued to treat with a neurologist with neck and head complaints.
Plaintiff returned for low back treatment and underwent invasive treatment including 4 medial branch block injections, 6 radiofrequency ablations, 1 right hip trochanteric bursa injection, and multiple occipital nerve block injections. At trial, Plaintiff’s past medical bills exceeded $140,000.
The Plaintiff focused on the lack of treatment prior to the accident and the severity of the impact. The defense highlighted that the evidence showed that Plaintiff failed to disclose to her providers both a 2001 MVA and a subsequent injury to her low back. The defense also focused on the objective MRI studies in which two of Plaintiff’s own treating radiologists found no abnormalities to her cervical spine 4 years after the accident.
In closing, Plaintiff asked the jury to award over $14,000,000 in total damages. The jury deliberated for 3 hours before returning a verdict awarding $141,355.74 in total damages, including $0 for future pain and suffering.
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