Case details
Chiropractic treatment not reasonable or necessary: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
neurological, radicular pain, radiculitis
FACTS
On Dec. 1, 2016, plaintiff Donna Benavidez, 36, a nutritional assistant at Marysville Unified School District, was stopped in on East 12 Street, near Yuba Street, in Marysville, when her mid-size vehicle was rear-ended by a van operated by Ira Duncan. Benavidez claimed to her neck and lower back. Benavidez sued Duncan, alleging that Duncan was negligent in the operation of his vehicle. Duncan admitted liability for the accident., Benavidez claimed that she suffered cervical sprains and/or strains, ligament instability of the cervical spine, facet arthropathy, and radicular symptoms. She presented to an emergency room a few hours after the accident, and she began treatment with a chiropractor approximately two months later. Benavidez ultimately treated with her chiropractor more than 70 times through December 2017. Benavidez claimed that despite treatment, she suffers a permanent impairment as a result of the incident. Benavidez waived her claim for special damages on the first day of trial, and her counsel asked the jury to award $500,000 in general damages during closing arguments. Defense counsel contested the causation of Benavidez’s alleged , the nature and extent of Benavidez’s alleged , and whether the treatment that Benavidez received was reasonable and necessary. According to defense counsel, Benavidez was confronted at trial with two prior motor-vehicle accidents that she did not disclose in discovery. The defense’s expert chiropractor opined that the chiropractic treatment rendered by Benavidez’s treater was not medically necessary or reasonable.
COURT
Superior Court of Yuba County, Marysville, CA
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