Case details

Defense claimed plaintiff’s back injections were unnecessary





Result type

Not present

back, head, headaches, herniated disc
On May 1, 2016, plaintiff Jose Pasillas, 43, a contractor, was driving on Lakewood Boulevard, in Bellflower. His van was rear-ended by a mid-sized sedan driven by Tyler O’Brien. The impact occurred a moment before or after Pasillas’ van struck the rear end of a preceding sport utility vehicle. Pasillas claimed to his back. Pasillas sued O’Brien. Pasillas alleged that O’Brien was negligent in the operation of his vehicle. Pasillas claimed that he was stopped for traffic when O’Brien struck the back of his vehicle. He alleged that the force of the impact pushed his van into the SUV in front of him. O’Brien’s counsel presented the deposition of the SUV’s driver, who claimed that she felt two impacts to her vehicle. Defense counsel argued that Pasillas may have rear-ended the SUV before being hit by O’Brien’s car. However, O’Brien conceded that he wasn’t sure if Pasillas van had hit the SUV first., Pasillas claimed that he sustained herniated lumbar discs at the L3-4, L4-5 and L5-S1 levels, as well as a lumbar facet injury. He also claimed that he had headaches as a result of the crash. Pasillas first sought treatment with a chiropractor four days after the subject accident and underwent chiropractic treatment from May 5, 2016 until Nov. 15, 2016. He also met with an orthopedist, who recommended lumbar injections. Pasillas subsequently received two sets of bilateral facet block injections in September 2016. He also underwent radiofrequency ablations in October 2016 and November 2016. Pasillas did not receive any further treatment or allege any future damages. However, he claimed that during his months of treatment, he had constant pain in his lower back. He also alleged that he was unable to work out at the gym during that time. Pasillas sought recovery of $97,870 in past medical expenses. He also sought recovery of damages for his past pain and suffering. Defense counsel argued that Pasillas sustained, at most, a lumbar sprain or strain and that as a result, Pasillas’ treatment was excessive. The defense’s orthopedic expert testified that the various injections were not medically necessary.
Superior Court of Los Angeles County, Chatsworth, CA

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