Case details

Plaintiff: Spinal treatment still needed after three months





Result type

Not present

abrasions, back, neck, soft tissue, wrist
On Oct. 21, 2010, plaintiff Cindy Casas, 29, a homemaker, was traveling in her 2007 Toyota Tundra on eastbound 5th Avenue in Escondido when she entered the intersection with South Orange Street and the front of her vehicle was struck by a 2004 Toyota Camry operated by Raouf Manouchehr, who was traveling on South Orange Street. Casas claimed to her neck, back and both wrists. Casas sued Manouchehr. She alleged that Manouchehr was negligent in the operation of the Camry. Specifically, Casas claimed that Manouchehr caused the collision by failing to yield at his stop sign and pulling out in front of her vehicle. Manouchehr conceded liability., Casas claimed abrasions and pain after her airbag deployed in the accident. As a result, an ambulance arrived at the scene and looked her over. Later that day, Casas presented to a hospital, where X-rays were taken of her wrists. She was ultimately released with the recommendation to see her primary care physician. Three days later, she presented to her primary care physician and claimed she had more pain to her neck and back. Casas, who is right hand dominant, also claimed she still had pain in both wrists and was given a wrist brace for her left wrist, which hurt her more. She was also given over-the-counter pain medicine. Two weeks later, Casas presented to a chiropractor and had chiropractic treatment for 2.5 months before being released from chiropractic care. She then presented to her treating physical medicine physician 4.5 months later and complained of continued neck and back pain. The physical medicine physician subsequently read a normal MRI and diagnosed Casas with cervical, thoracic and lumbar sprains and strains. Casas claimed that after a few weeks of chiropractic treatment, the pain to both of her wrists had resolved. However, she claimed that the pain to her neck and back remains, and subsequently began a course of physical therapy. Casas alleged that she was able to continue doing her daily activities, such as housework and taking care of her four children, but that she is limited in her activities, in that she could not lift her children or continue nonstop with her busy schedule. Her treating physician testified that Casas requires additional physical therapy, even after her initial treatment of 2.5 months of chiropractic treatment. Defense counsel contended that Casas did not require additional treatment after her initial chiropractic treatment and that all of Casas’ symptoms should have resolved after three months. The defense’s orthopedic surgery expert testified that after Casas’ initial chiropractic treatment, she did not need any more and that anything else would not be related to the subject collision.
Superior Court of San Diego County, Vista, CA

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