Shawna, 44, a counselor was struck in an intersection by a French citizen defendant making an unsafe left turn. Her family doctor recommended Dr. Scott Onoda, DC for care.

 

Shawna was taken to the ER. Defendant was working for a corporation at the time of the accident.

 

Shawna had pre-existing cervical disc herniations which were exacerbated, and suffered a new lumbar disc bulge. Both were hurting. After a lengthy DC course of care, Shawna received two epidurals to manage the pain. Shawna still suffers from chronic pain since the accident.

 

Defendant argued that Shawna only suffered "minor soft tissue" requiring only short-term therapy. Also, defendant claimed that Shawna's pre-existing herniations were the real cause of her chronic pain.

 

Defendant offered $35,000. But the jury awarded $537,000.  Shawna's combined medical bills were $58,919.60.

 

As noted in the case to the right, pre-existing injuries serve as a barrier against good claims by insurance companies.

 

We are offering a check list of questions to ask your patients who had prior serious injuries or prior surgeries that were aggravated by the current accident. This will help you determine if any apportionment is needed in your prognosis. Moreover, a good pre-existing history will avoid the traps set by insurance companies.

 

For a complete copy of the checklist, click to email: Lisa Brown.