Case details

Plaintiff: Intersection crash caused ankle and spinal injuries

SUMMARY

$55000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, ankle ligament, back, brain, bulging disc, cervical, cervical ankle, concussion, head, headaches, impairment, legs, lumbar head, neck, right shoulder, sensory, speech, sprain, vision, whiplash
FACTS
On Feb. 2, 2011, at approximately 12:20 p.m., plaintiff Hali Hudson, 31, a waitress, was riding her Vespa scooter on eastbound Santa Monica Boulevard in Los Angeles when she entered the intersection with Sawtelle Boulevard and was struck by a vehicle operated by Jutta Schamp, who was making a left turn from westbound Santa Monica Boulevard onto southbound Sawtelle Boulevard. Hudson claimed multiple to her head, neck, back, legs and right shoulder. Hudson sued Schamp, alleging the defendant was negligent in the operation of her vehicle. Hudson claimed Schamp failed to yield to oncoming traffic from eastbound Santa Monica Boulevard and made an unsafe left turn at the subject intersection. Schamp did not dispute liability for the accident., Immediately following the accident, Hudson went to West Long Angeles Industrial and Urgent Care, in Los Angeles, and underwent an X-ray of her left leg. Her left foot was subsequently placed in a walking boot. Hudson claimed that within the next two days, she began experiencing pain throughout her entire body, especially to her head, neck and lower back. As a result, she was referred to a physical therapist, where she complained of right shoulder pain, lumbar spine pain, numbness in her left leg, left foot pain, blurred vision, and dizziness. She was then diagnosed with a cervical sprain, myofascitis, and intersegmental dysfunction (or subluxation) of the cervical, thoracic and lumbar spine. Hudson claimed that several weeks into her treatment, she began experiencing pain and swelling in her right ankle due to overcompensating for her left ankle. She subsequently sought treatment with a physical medicine specialist and was diagnosed with a right ankle sprain, for which her right foot was placed in a boot cast and she was prescribed medication. Hudson then wore the new boot cast for several weeks before being discharged from the physician’s care. On March 2, 2011, Hudson had a neurological consultation, during which she again complained of headaches; blurred vision; dizziness; and pain to her lower back and posterior neck. A CT scan was taken, and she was diagnosed with a post-traumatic headache/whiplash injury, head trauma, a cerebral concussion, and cervical and thoracic sprains. Hudson claimed that after months of chiropractic care, she continued to feel increased cervical spine pain and right ankle swelling. As a result, she sought an orthopedic consultation and underwent an MRI of her right foot/ankle, which revealed tendinosis, a strain of her Achilles and distal peroneus brevis tendons, a flexor halluces longus muscular strain, an intra-substance tear of the posterior band of the talofibular ligament and calcaneofibular ligament, a ligamentous strain of the tibiocalcaneal ligament, and an interosseous taloclacanel ligamentous. Based on the MRI findings, the orthopedist diagnosed Hudson with a stress fracture of the malleolus and of the anterious aspect of the tibia, and tears of the calcancofibular and posterior talofibula. In addition to the treatment she received for her ankle injury, Hudson sought a secondary neurosurgical consultation for her continued cervical spine pain that radiated into her left shoulder and lumbar spine pain that radiated into her left leg. An MRI of the cervical spine revealed posterior 1-millimeter disc bulges at the C3-4, C4-5, C5-6 and C6-7 levels. An MRI of the lumbar spine revealed 2-millimeter broad-based disc bulges at L4-5 and L5-S1. As a result, the plaintiff’s treating neurosurgery expert recommended a series of epidural steroid injections at the affected cervical levels, and the injections were performed on Dec. 28, 2011. The plaintiff’s treating neurosurgery expert noted that if the injections failed relieve Hudson’s pain, Hudson would require an anterior cervical discectomy and fusion at C5-6 and C6-7. The expert opined that the procedure would cost between $145,000 and $150,000. He also recommended hemilaminotomies at L4-5 and L5-S1 at an approximate cost of $100,000 to $125,000. Hudson claimed that her prevented her from returned to work as a waitress from Feb. 22, 2011, until March 7, 2011. Thus, she sought recovery of $1,250 in past lost earnings, $32,937 in past medical costs and between $245,000 and $375,000 in future medical costs for additional treatment and possible surgery. She also sought recovery of damages for her pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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