Case details

Defense: Medical care not entirely reasonable or necessary





Result type

Not present

back, herniated disc
On Dec. 21, 2015, plaintiff Luiz Rios, an Army volunteer in his 30s, was driving on State Route 60, near Rowland Heights. His vehicle was rear-ended by a vehicle operated by Alexander Perez. Rios claimed to his neck and lower back. Rios sued Perez, alleging that Perez was negligent in the operation of his vehicle. Perez admitted negligence., Rios claimed he sustained a herniated lumbar disc at the L4-5 level as well as suffered pain to his neck. He went to a chiropractor after the accident, underwent chiropractic care and eventually received facet block injections under anesthesia to treat his lower back. Rios claimed he might need additional facet injections to his lower back in the future. Rios sought recovery of $21,000 in past medical costs and an unspecified amount for his future medical costs. He also sought recovery of damages for his past and future pain and suffering. Plaintiff’s counsel asked the jury to award $220,000 in total damages. According to defense counsel, the court disallowed most of Rios’ medical specials. Defense counsel denied that Rios’ alleged were caused by the accident. Counsel contended that the collision’s impact was moderate and that Rios’ complaints were subjective. Counsel also contended that Rios’ back injury was pre-existing and that some of Rios’ chiropractic care and injections were not reasonable or necessary based on Rios’ symptoms and were, instead, given to build up the case. The defense’s expert orthopedic surgeon agreed that some of Rios’ medical costs were reasonable, but opined that most of the medical costs were billed up and not reasonable or necessary, based on Rios’ subjective complaints.
Superior Court of Los Angeles County, Los Angeles, CA

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