The Significance of Prior Treatment
Rissman Orlando partners Jeremy Palma and Aaron Eagan recently secured a favorable verdict for their client following a four-day jury trial in Seminole County, Florida.
The case stemmed from a T-bone collision that resulted in both the plaintiff and the defendant’s vehicles to be totaled. The plaintiff was transported via ambulance to the emergency room and eventually underwent several months of chiropractic care and injections. The plaintiff also had two separate procedures to address disc herniation. By the time of trial, the plaintiff’s past medical bills exceeded $350,000.
At trial, the jury heard evidence that the plaintiff had failed to disclose to any of his providers his prior history of accidents, low back injuries and medical care. All of the plaintiff’s care after the emergency room (including the two surgeries) had been billed under letters of protection. The defense also highlighted that on the day of the accident, the plaintiff’s low back pain was minimal and had resolved completely by the time of discharge.
At the close of evidence, the judge granted directed verdicts for the defense on aggravation and future medical bills, so those issues did not go the jury. The judge also directed a verdict for the plaintiff on injury causation.
In closing, the plaintiff asked the jury to award a range of $4 million to $6 million, while the defense suggested that only the medical bills that the plaintiff had incurred were compensable. After deliberating for two hours, the jury returned a verdict of less than $50,000.
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