It’s good to see one of our heroes do well in court.

Murphy testified as an expert in a mal-practice case, for NCMIC. A patient claimed her El Dorado County DC, when adjusting her neck caused a disk herniation to her neck, which required surgery.

Murphy testified that biomechanically such an adjustment cannot ‘cause’ a herniation and that the DC was not liable.

Malpractice cases are a professional’s worst nightmares. The jury evaluated the evidence and believed Murphy over the plaintiff’s expert.

Congratulations to Dan Murphy, on another well deserved victory for the profession.

Miner v. DC  PC20090804 Judge Nelson Brooks, El Dorado Superior Court. 10/20/2011

Nearly 1/3 of middle-aged Americans regularly take a baby aspirin hoping to prevent a heart attack, stroke or lowering cancer risk.

However, research at the Gill Heart Institute of the U of Kentucky, begs to differ. In fact, taking aspirin for some is counter-indicated.

Researchers in London reviewed nine studies including 100,000 patients; found the side effects outweighed the benefits. Some 30% were more like to have a serious gastrointestinal bleeding event. For every person preventing one heart attack, two suffered serious bleeding episodes.

“We have been able to show quite convincingly that people without a previous heart attack or stroke, regular use of aspirin may be more harmful than it is beneficial,” said Dr. Sreenivasa Seshasai of the Cardiovascular Sciences Research Center at St George’s University of London.

Not a large injury case, but Allstate tried to shakedown an honest claimant. Monica Bourne, age 32, was stopped for traffic on Hollywood Blvd, in Hollywood. Defendant Andrea Pyle [Allstate] rear-ended Monica and pushed her into the car in front for a second impact.

Allstate admitted liability, but contested the necessity of care. Monica suffered special injuries when her air bag exploded causing her facial contusions. Monica’s bills were some $4000, from Dr. Thomas Marinaro DC. Monica demanded $12,500. Allstate countered with $8640. The jury awarded $16,711. Monica will also get court costs from Allstate because she was given more money than she demanded before trial. Bourne vs. Pyle 11K07063, LA Superior Court, Judge Ongkeko, Dec 2012

Plaintiff Ahluwalia stopped for traffic on 880, but was rear-ended by defendant. Ahluwalia claimed neck and back injuries and received care from three chiropractors: Union City, Fremont and San Jose. His car damage was only $1,545.

Plaintiff demanded policy limits of $30,000, claiming chiropractic costs and loss of earnings of over $83,903. Defendant offered $9999.

The jury was not so sympathetic. Instead, they awarded $6,001. Giving some $1,706 for medical bills and $4,293 in lost wages.

Ahluwalia will have to pay for defendant expert costs – which will probably exceed his award. Ahluwalia will have to pay out of his pocket.

Ahluwalia vs. Medina HG 083 964 25, Hayward Superior Court, Judge Carvill.