Passenger sustains neck and low-back injuries in rear-ender, makes $2 million demand. $11.2K. Los Angeles County.

Facts and Background

• Facts and Background:

  This accident occurred on July 17, 2018 on the Western Avenue on-ramp of southbound Interstate 5 in Glendale. Defendant driver was driving a 2012 Ford Transit Connect van in the course and scope of his business A&E Appliance Repair Service, Inc.

  Plaintiff Olivares was a front-seat passenger in a 2012 Chevrolet Impala. Plaintiff alleged her vehicle was stopped at a stop sign when it was rear-ended by defendants' vehicle. Police were not called to the scene. Emergency services were not called to the scene. Plaintiff testified that the impact was forceful. Defendant testified the impact was "light."

• Plaintiff's Contentions:

  Plaintiff alleged she sustained injuries to the low back and neck. She underwent na L5-S1 fusion, an epidural injection to the thoracic spine and the placement of a trial spinal cord stimulator. Plaintiff further alleged that she needed the following treatment in the future: lumbar fusion due to the development of adjacent segment level disease, epidural injections to the neck and back and placement of a permanent spinal cord stimulator. Plaintiff's treating orthopedic surgeon Dr. Stepan Kasimian testified that he recommended plaintiff undergo lumbar fusion.

  Plaintiff's expert Dr. Rowshan testified that plaintiff's lumbar fusion, thoracic epidural injection and trial spinal cord stimulator were reasonable and necessary and that plaintiff would develop adjacent segment disease in the future and as a result would need another lumbar fusion in the future. Dr. Rowshan also testified that plaintiff would need epidural injections in the future and that she needed a permanent spinal cord stimulator.

  Plaintiff's billing expert Andrew Morris D.C. testified that plaintiff's reasonable and customary medical specials were $581,591.36 and that plaintiff's reasonable and customary future medicals was $2,942,589.

• Defendant's Contentions:

  Defendant argued that plaintiff had a longstanding degenerative condition in the lumbar spine that was not made worse by the accident. Before the accident, plaintiff had several visits to emergency rooms and urgent care facilities for low-back pain and sciatica. She had a visit to the ER three months before the accident for low-back pain and sciatica. Plaintiff never told any of the doctors who treated her for accident-related injuries about her prior low-back condition. All of plaintiff's doctors were attorney-referred and all of plaintiff's treatment was on a lien.

  Defendant argued that plaintiff's treatment was unreasonable and unnecessary and plaintiff does not need future treatment. Defense expert, orthopedic spine surgeon Mark Spoonamore, M.D. testified plaintiff's longstanding degenerative condition in the lumbar spine was not made worse by the accident. Dr. Spoonmore testified the lumbar fusion, thoracic epidural injection and the trial spinal cord stimulator were not related to the subject accident. He testified that plaintiff did not need future treatment.

  Defense neuroradiology expert Jay Tsuruda, M.D. showed the jury all of plaintiff's films taken before and after the accident and further showed the jury the natural progression of the degeneration in the lumbar spine. Dr. Tsuruda testified that there were no acute or traumatic findings in any of the films. He also testified that the epidural injection to the thoracic spine was unwarranted. Dr. Tsuruda also testified that plaintiff underwent an excessive amount of imaging – her attorney-referred doctors sent her for 18 diagnostic studies during the course of her treatment.