Case details

Plaintiff had good recovery following back surgery: defense

SUMMARY

$74030.47

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, lumbar neck
FACTS
On June 2, 2011, at around 6:52 a.m., plaintiff Bryan McGann, 30, a metal fabricator, was stopped in traffic on southbound State Route 55, the Costa Mesa Freeway, near East Dyer Road in Santa Ana, when his vehicle was rear-ended by a vehicle operated by Alyssa Adamson. The impact caused McGann’s vehicle to propel into the vehicle in front of his and start a five-vehicle reaction. McGann claimed the accident caused to his neck and back. McGann sued Adamson and the owner of Adamson’s vehicle, Lisa Bianchi. McGann alleged that Adamson was negligent in the operation of her vehicle and that Bianchi was vicariously liable for Adamson’s actions. Bianchi was later dismissed from the case, and Adamson conceded liability., McGann went home after the collision and then presented to a Kaiser Permanente hospital 10 days later. He claimed soft-tissue to his neck, and was treated and released from the hospital. McGann then underwent three months of physical therapy. On Oct. 6, 2011, an MRI, revealed an 8-millimeter disc bulge at L5-S1, as well as 2-millimeter disc bulges at L2-3, L3-4 and L4-5. He subsequently presented to a pain management/anesthesiologist, who provided a series of four lumbar epidural steroid injections. McGann claimed the injections provided him temporary relief. He alleged that as a result, he did not require treatment from May 2012 until April 12, 2013, when he presented to an orthopedic surgeon. McGann ultimately underwent a hemilaminotomy, discectomy and foraminotomy of his lumbar spine by his treating orthopedic surgeon on May 28, 2013. McGann claimed that he made a good recovery following the surgery, but that he would have lifelong symptoms. His treating orthopedic surgeon opined that McGann would need provisional MRIs every five years, as well as injections, physical therapy and pain relievers. He also opined that McGann had 20 percent chance of needing a spinal fusion. Following the accident, McGann was able to continue working, with only having to take some days off, and his job was able to make modifications for him. Eventually, he took more extended time off from work. Plaintiff’s counsel contended that Adamson’s policy limits were open, and asked the jury to award McGann $964,710 in total damages. Counsel contended that McGann’s past medical costs, unadjusted, amounted to $111,000, and the plaintiff’s medical billing expert opined that the medical costs should be adjusted to $51,000. Defense conceded that all of McGann’s care and treatment was reasonable and necessary. However, counsel noted that McGann never took any pain medicine. Defense counsel also contended that McGann made a satisfactory recovery with complete healing, and that with continued exercise, McGann should not have any future problems. The defense’s orthopedic surgery expert, Dr. Todd Moldawer, examined McGann and opined that he made a good recovery. The defense’s other orthopedic surgery expert, Dr.Stewart Shanfield, opined that McGann’s past medical costs should be reduced to reasonable costs of $39,000. The parties ultimately stipulated to that McGann’s past medical costs should be adjusted to $39,030.47.
COURT
Superior Court of Orange County, Orange, CA

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