Case details

Rear-end collision caused neck injury, plaintiff alleged





Result type

Not present

back pain, bulging disc, cervical, neck
On Sept. 17, 2011, plaintiff Melissa Weiner, 32, a salesperson, was driving her 2011 BMW X5 sports utility vehicle near the intersection of Ventura Boulevard and Genesta Avenue, in Encino, when she was rear-ended by a 2009 BMW 328 sedan operated by Chirag Patel. Weiner claimed to her neck. Weiner sued Patel, alleging that Patel was negligent in the operation of his vehicle. Patel conceded liability., Weiner was transported by ambulance to Encino Hospital Medical Center, in Encino, with complains of pain to her neck and back. Once in the emergency room, a CT scan revealed a 2-millimeter disc bulge at the C4-5 and C5-6 levels. Weiner was later discharged from the hospital with instructions to follow up with an orthopedist. In October 2011, she began orthopedic treatment, undergoing a course of physical therapy twice a week until January 2012. Weiner claimed that when she continued to experience neck pain, she returned to her treating orthopedist in July 2014. She claimed that she is a candidate for an epidural injection, but that she did not undergo the procedure even though she continued to have pain. Thus, Weiner claimed ongoing pain in her neck and shoulder, affecting her range of motion. She alleged that the residual pain and decreased range of motion affects her golf game and running. The plaintiff’s treating orthopedic surgery expert testified that Weiner was injured in the collision and that the treatment Weiner received was necessary. The expert also opined that Winer is a candidate for at least one epidural injection. Thus, Weiner sought recovery of damages for her past and future medical costs, and past and future pain and suffering. The defense’s expert orthopedic surgeon disputed the extent of Weiner’s . He testified that Weiner’s epidural recommendation was not necessary and that based on the two-year gap in medical treatment, Weiner’s ongoing pain was unrelated to the collision. The expert also noted that Weiner was under the care of a chiropractor, undergoing monthly treatments, prior to the collision.
Superior Court of Los Angeles County, Pasadena, CA

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