Case details

Claimant alleged crash caused neck injury

SUMMARY

$151008.45

Amount

Arbitration

Result type

Not present

Ruling
KEYWORDS
herniated disc, neck
FACTS
On June 12, 2017, claimant Dolores Ramirez, 62, a nurse, was driving in Los Angeles. One side of her vehicle was struck by an underinsured motorist who was executing a left turn. Ramirez’s air bags deployed as she struck the steering wheel, and she claimed that she lost consciousness for a few minutes. Ramirez claimed that she also sustained an injury to her neck. The underinsured motorist’s insurer tendered its $15,000 policy. Ramirez sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policy, which was administered by Allstate Northbrook Indemnity Co. The matter proceeded to a binding arbitration., Ramirez declined the ambulance offered by the paramedics at the scene of the accident. She claimed that she denied the ambulance because it would not take her to her HMO’s hospital. She was later taken by her family to Huntington Memorial Hospital, in Pasadena, where she was diagnosed with blunt force trauma to her chest and a herniated intervertebral disc at the C4-5 level. Ramirez was advised to follow up with her personal physician, which she did two days later. She then began chiropractic therapy, and received two epidural steroid injections for pain. As Ramirez’s pain allegedly persisted, her treating doctor opined that Ramirez will require a discectomy and fusion at the C4-5 level. Ramirez claimed that she had no pre-existing condition in her neck or back, other than degenerative spondylosis, which her counsel claimed is a normal finding in a woman in her early 60s. Ramirez also claimed that her past medical records were absent of any chronic neck or back pain. She claimed that she suffers instability due to the C4-5 herniation. She also claimed that she was unable to return to work for one month as a result of her injury. Ramirez further claimed that her pain and suffering has had a significant impact on her life and has changed the trajectory of her planned retirement. Ramirez sought recovery of $44,633.45 in past medical costs and $6,375 in past lost earnings. She also sought recovery of damages for her past and future pain and suffering. Allstate’s expert orthopedic surgeon opined that Ramirez’s injections were warranted due to the degenerative conditions of her neck and not due to the accident. The expert also opined that the accident did not cause Ramirez’s cervical instability and that Ramirez attending more than 25 chiropractic sessions was excessive. The expert further opined that no future medical care is indicated. Allstate noted that it made $2,000 in medical payments for Ramirez prior to the arbitration.
COURT
ADR Services, Inc., CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case