Case details

Defense claimed plaintiff’s injuries should have resolved





Result type

Not present

back, legs injury, neck, shoulder numbness
On Sept. 13, 2013, plaintiff Anna Eblen, a receptionist in her 20s who worked at a chiropractor’s office, was driving on Miramar Street, in San Diego, when here vehicle was rear-ended by a vehicle operated by Hetal Hosalkar. Eblen claimed to her neck and back. Eblen sued Hetal Hosalkar (who was initially erroneously sued as “Netal Harish Hosalkar”). Eblen alleged that Hosalkar was negligent in the operation of his vehicle. Hosalkar ultimately conceded liability., After the accident, Eblen presented to an emergency room with complaints of neck and back pain, shoulder numbness, and tingling and radiating pain down her legs. She subsequently underwent chiropractic care and physical therapy, as well as received different trigger point injections. The plaintiff’s treating physical medicine and rehabilitation physician opined that the treatment Eblen received was reasonable. Eblen claimed that she still has ongoing neck-and-back pain, which causes her to have problems with day-to-day activities. Thus, she sought recovery of $8,588 in past medical costs, $8,000 in lost income, and $6,000 in future medical costs for chiropractic care and physical therapy. Defense counsel contended that the collision involved a low impact and that there was no damage to either Hosalkar’s or Eblen’s vehicle. Thus, counsel argued that there was no evidence that Eblen was injured in the accident. The defense’s expert orthopedic surgeon opined that if Eblen was injured, then her should have resolved within four to six weeks. The expert also opined that Eblen did not require the injection therapy and that it was unreasonable.
Superior Court of San Diego County, San Diego, CA

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