Case details
Claimant alleged rear-end crash caused ongoing fibromyalgia
SUMMARY
$210000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, causes buttock pain, disc displacement, located in the buttock region, piriformis muscle, spasms
FACTS
On Jan. 27, 2014, claimant Imelda Catbagan, 54, a licensed vocational nurse, was driving on Emerald Drive, in San Diego. As she coming to a stop at the intersection with Vista Way, her vehicle was rear-ended by a vehicle operated by Joseph Brady. Catbagan claimed to her back. Catbagan brought a claim against Brady, alleging that Brady was negligent in the operation of his vehicle., Catbagan claimed she suffered back , including a disc displacement. As a result, she was immediately taken to a facility run by California Emergency Physicians Group, a medical group. Catbagan claimed that her back caused her to suffer from piriformis syndrome (a condition in which the piriformis muscle, located in the buttock region, spasms and causes buttock pain) and fibromyalgia (a disorder characterized by widespread musculoskeletal pain). She alleged that she suffers from widespread back pain due to the fibromyalgia, causing her to undergo approximately 36 sessions of physical therapy at a Kaiser facility, and undergo acupuncture and physical therapy at other medical centers. Catbagan claimed that she continues to suffer from back problems, causing her to miss work due to the pain. She also claimed that she feels more restricted in her range of motion and that her daily activities have changed. Catbagan further claimed that she can no longer play with her grandchildren and that she is paranoid about driving. The plaintiff’s physical medicine expert linked Claimant’s fibromyalgia to the accident. Thus, Catbagan sought recovery for her medical costs, which included $16,586.14 in medical bills from the Kaiser facilities, and recovery of damages for her past and future pain and suffering. The respondent’s claims adjuster asserted that Catbagan’s fibromyalgia was not related to the subject accident and claimed that it, instead, was degenerative in nature.
COURT
Superior Court of San Diego County, Vista, CA
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