Case details

Plaintiff claimed rear-end crash caused need for lumbar surgery

SUMMARY

$1090716.75

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, cervical strain, lumbar disc protrusion, neck, sprain
FACTS
On Nov. 8, 2013, plaintiff Mayra Silva, 23, a manager at a Little Caesars Pizza restaurant, was driving on the southbound Ventura Freeway, also known as U.S. Route 101, in Ventura, when her vehicle was rear-ended by a vehicle operated by James Ramos. Silva claimed to her neck and back. Silva sued Ramos, alleging that Ramos was negligent in the operation of his vehicle. Ramos admitted liability for the accident., Silva claimed that she sustained a lumbar disc protrusion at the L4-5 level and cervical strain and sprain. She was subsequently taken by ambulance to a hospital, and then followed up with 1.5 years of conservative chiropractic and pain management care. Silva ultimately underwent an L4-5 laminectomy on June 29, 2015. Silva testified that her back pain resolved after the surgery and that she was able to return to work. However, she claimed she still suffers from neck pain and that her pain affects her ability to work at full capacity. Silva alleged that as a result, she will require continued treatment for her neck. The plaintiff’s orthopedic surgery expert opined that Silva will require a future cervical fusion. Thus, plaintiff’s counsel asked the jury to award Silva between $5 million and $7 million in total damages, including $159,043.65 in past medical costs, between $450,000 and $480,000 in future medical costs, an unspecified amount in future loss of wages, $1.5 million in future loss of earring capacity, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel disputed the nature and extent of Silva’s damages. Counsel argued that Silva’s surgery was unnecessary and that the medical charges were unreasonable. The defense’s medical experts opined that the MRI was wrong and that Silva did not have a disc protrusion at the L4-5 level. In addition, defense counsel argued that Silva’s back pain resolved because the surgery had a placebo effect.
COURT
Superior Court of Ventura County, Ventura, CA

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