Case details

Rear-ender caused need for continued spinal treatment: family

SUMMARY

$1500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, brain, brain injury, bulging disc, cervical, concussion, head, headaches, herniated disc, insomnia, lumbar, mental, neck, neurological, psychological, radicular pain, radiculitis, spasm, sprain, stenosis, strain, thoracic
FACTS
On March 30, 2019, plaintiff Luis Salazar Camarillo, 41, was driving with the flow of traffic on State Route 92, in Hayward, with his wife, plaintiff Glenda Zelada Giron, 39, as a front seat passenger in the vehicle. Their daughters, plaintiffs Itati Salazar, 24, and Annette Salazar, 21, were seated in the rear of the vehicle. When they stopped for traffic ahead of them, their vehicle was rear-ended by a vehicle operated by Scott Kobyluk. Salazar Camarillo claimed to his neck and back; Zelada Giron claimed to her head, neck and back; Itati Salazar claimed to her back; and Annette Salazar claimed to her head, neck and back. Salazar Camarillo, Zelada Giron, Itati Salazar and Annette Salazar sued Kobyluk, alleging that Kobyluk was negligent in the operation of his vehicle. Kobyluk accepted liability., Salazar Camarillo, Zelada Giron, Itati Salazar and Annette Salazar all presented to a chiropractor for chiropractic evaluations on April 8, 2019, nine days after the collision. Salazar Camarillo claimed that he sustained a cervical sprain and/or strain, cervical radiculitis, cervical segmental dysfunction, and a thoracic sprain and/or strain, all of which were diagnosed by the chiropractor on the day of his evaluation. He also claimed he suffered an edema in his spine and bilateral foraminal stenosis, flattening and impinging both exiting L5 roots against the roof of the foramina and myalgia. Salazar Camarillo began a course of chiropractic treatments with modalities consisting of chiropractic manipulation, mechanical traction, electrical muscle stimulation, percussive massage, heat therapy, and a home exercise program. Salazar Camarillo claimed that he could continue to work, but that his impairment continues. He alleged that as a result, he was recommended to undergo a cervical epidural steroid injection and advised to follow up for continued chiropractic care. Salazar Camarillo sought recovery for his past and future medical costs, and past and future pain and suffering. Zelada Giron claimed she sustained an injury to her head, resulting in post-concussion syndrome and acute post-traumatic headaches. She also claimed she sustained an acute cervical sprain and/or strain, traumatic cervical and lumbar subluxation, traumatic thoracic subluxations at T2-3, and an acute lumbosacral sprain and/or strain. After the accident, Zelada Giron complained of headaches, and pain in her neck, mid-back and lower back, which were associated with muscle spasms in her neck. She also reported dizziness, lightheadedness, nervousness and loss of sleep. In addition, she complained that her symptoms were aggravated with neck movements, bending, working, standing, sitting, walking and lying down. As a result, she presented to the chiropractor with her family on April 8, 2022, and the chiropractor diagnosed all of Zelada Giron’s spinal conditions on the day of her evaluation. Zelada Giron claimed that, in addition to her other symptoms, she had restricted range of motion in her cervical, thoracic, and lumbar spine. As a result, she began a course of chiropractic treatments with modalities consisting of chiropractic manipulation, mechanical traction, electrical muscle stimulation, percussive massage, heat therapy, and a home exercise program. When she continued to complain of pain, Zelada Giron underwent an MRI, which showed signs of bulging cervical discs at the C3-4 and C4-5 levels with mild spinal stenosis and mild spinal cord deformity at the C4-5 level. She was also determined to have herniated cervical discs at the C5-6 and C6-7 levels with mild spinal stenosis and mild spinal cord deformity and the C5-6 level, and mild spinal cord deformity and the C6-7 level. In addition, she was diagnosed with an acute herniated lumbar disc at the L4-5 level with mild foraminal narrowing and mild spinal stenosis. Zelada Giron claimed that her neck cause radiating pain into her upper extremities and that her lower back injury causes radiating pain into her lower extremities and that as a result, she requires additional treatment. Zelada Giron sought recovery for his past and future medical costs, and past and future pain and suffering. Itati Salazar claimed that she sustained a thoracic sprain and/or strain, traumatic thoracic subluxations at T2-3, and muscle spasms, all of which were diagnosed by the chiropractor on the day of her evaluation. She also claimed she suffered from an edema and myalgia, both in her thoracic spine. Itati Salazar began a course of chiropractic treatment with modalities consisting of chiropractic manipulation, mechanical traction, electrical muscle stimulation, percussive massage, heat therapy, and a home exercise program. However, she claimed that her pain continues and that she will need additional treatment. Itati Salazar sought recovery for her past and future medical costs, and past and future pain and suffering. Annette Salazar claimed she sustained a head injury, resulting in post-concussion syndrome. She also claimed she sustained acute cervical, thoracic and lumbar sprains and/or strains; traumatic cervical, thoracic and lumbar subluxations; cervicalgia; cervical radiculitis; cervical and lumbar segmental dysfunction; and an edema, all of which were diagnosed by her chiropractor during her evaluation. When Annette Salazar presented for the chiropractic evaluation, she complained of pressure-like headaches and pain in her neck, bilateral shoulders, forearm, mid-back, and lower back. She also rated her neck pain as being a 4 out of 10, mid-back pain as being a 5 out of 10, and lower back pain as being a 5 or 6 out of 10, and claimed that she suffered from nervousness and sleep loss. In addition, Annette Salazar complained that her symptoms were aggravated by neck movements, bending, standing, sitting, walking and lying down and that she had a decreased range of motion in her cervical, thoracic and lumbar spine. Annette Salazar began a course of chiropractic treatments with modalities consisting of chiropractic manipulation, mechanical traction, electrical muscle stimulation, percussive massage, heat therapy, and home exercise program. She ultimately attended 37 sessions of chiropractic treatments from April 8, 2019, through Sept. 27, 2019. She also presented to a pain management expert, who prescribed nonsteroidal anti-inflammatories for her pain and recommended an MRI of her cervical spine. A radiologist ultimately opined that Annette Salazar’s MRI revealed bulging cervical discs at the C5-6 and C6-7 levels. Annette Salazar claimed that her have greatly impacted her normal, everyday life and that her pain and limitations continue. She alleged that as a result, she will require additional treatment. Annette Salazar sought recovery for his past and future medical costs, and past and future pain and suffering.
COURT
Superior Court of Alameda County, Oakland, CA

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