Case details

Plaintiff claimed rear-ender caused spinal injuries

SUMMARY

$485000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
back, neck, wrists
FACTS
On Aug. 2, 2010, at approximately 3:15 p.m., plaintiff Rosa Raso, 40, a maintenance coordinator, was driving her pickup truck on northbound Interstate 110 (Harbor Freeway) in Los Angeles when she was rear-ended by a vehicle operated by Anita Wong. Raso claimed to her neck, back, and both wrists. Raso sued Anita Wong and her parents, the registered co-owners of the vehicle, Jerry Yuen-Kui Wong and Alive Wait Yee Wong. Raso alleged Anita Wong was negligent in her operation of the vehicle and that Jerry Wong and Alive Wong were vicariously liable for their daughter’s actions. The defendants admitted liability for the accident., Raso claimed that she originally tried to treat her pain symptoms with rest and over-the-counter medication, but that when her condition worsened, she sought medical attention. She underwent MRIs and was diagnosed with post-traumatic strains and sprains of her cervical and thoracolumbar spine, as well as of both wrists. Raso underwent approximately five months of orthopedic and chiropractic care, as well as underwent pain management that consisted of bilateral cervical epidural injections. However, she claimed that when her pain continued, she underwent a nuclear discectomy and anterior annulotomy with a right paracervical anterior approach to the cervical spine, as well as underwent a partial vertebrectomy, bilateral neural foraminotomy and microneurolysis. Raso claimed that future provisions would include fusion at C4-5 and C5-6, as well as a series of one to three lumbar epidural injections. Thus, she sought recovery of $217,000 for past medical costs (based on the medical lien), $450,000 in future medical costs and $1,080 in stipulated past lost earnings. She also sought recovery of damages for her pain and suffering. The defense’s biomechanical expert testified at his deposition that the forces generated in the accident (as calculated by the defense’s accident reconstruction/mechanical engineering expert) were insufficient to cause any injury to Raso’s spine or discs. Thus, defense counsel, through their orthopedic expert, contended that the surgery Raso underwent was not medically necessary, but that Raso was in need of a revision at C5-6 because the fusion did not solidify.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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