Case details

Plaintiff: Lumbar injuries ongoing after chiropractic care





Result type

Not present

back, bulging disc, cervical, lumbar, neck, sprain, strain
On May 22, 2009, plaintiff Monika Nava, a medical billing worker in her 30s, was traveling in a courtesy Lexus sport utility vehicle on northbound College Boulevard in Oceanside when her vehicle was rear-ended by a minivan operated by Kathryn Koploy-Miller. As a result, Nava’s SUV was pushed into the vehicle in front of her, and she claimed to her neck and back. Nava sued Koploy-Miller, alleging that the defendant was negligent in the operation of her minivan. Nava also sued Deborah McGraw, Joseph Sago and Patricia Christie, who were all involved in separate, subsequent motor vehicle accidents with Nava. Those cases were ultimately consolidated with the action against Koploy-Miller, as Nava claimed that the subsequent aggravated the she sustained in the accident with Koploy-Miller. However, McGraw, Sago and Christie settled with Nava prior to trial, and the matter continued against Koploy-Miller only. Nava claimed that Koploy-Miller was traveling at an excessive rate of speed and failed to pay attention, causing the collision. Koploy-Miller admitted liability., Nava presented to an urgent care facility the day after the subject accident. She claimed she sustained cervical and lumbar sprains and strains, as well as disc protrusions. Nava subsequently treated with chiropractic care for approximately seven months. She claimed that although her neck improved during her chiropractic treatment, the pain to the lumbar levels remained. As a result, in December 2009, Nava treated with an epidural injection. Nava claimed that she continues to have daily pain that extends into her right lower extremity. She also claimed range of motion problems. Nava took a few weeks off from work, and used her vacations days and sick time for medical appointments and the like. Thus, she claimed $18,000 in medical costs. Defense counsel agreed that Nava was injured in the accident with Koploy-Miller, but disputed the extent of Nava’s damages. Counsel argued that Nava’s lumbar should have cleared up and that her chiropractic treatment was excessive. Thus, counsel argued that Nava’s medical bills were unreasonable.
Superior Court of San Diego County, Vista, CA

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