Plaintiff delays treatment for spine injury after U-turn crash. $1.14M. Los Angeles County.

Facts and Background

• Facts and Background:

  June 8, 2017, plaintiff, was traveling eastbound on Pico Blvd., approaching Kerwood Ave., in the city of Los Angeles, when defendant traveling westbound on Pico attempted to make a U-turn, cutting off plaintiff’s path (right-of-way). After the collision, plaintiff went to the emergency room and reported headaches and shoulder pain. Plaintiff did not report neck pain until two months after, on August 16, 2017, when he started physical therapy and only reported “stiffness.”

  Not until eight months later, in February 2018, did plaintiff report radiating pain to his doctor, Dr. Wolf. Dr. Wolf recommended he see a pain management doctor, Dr. Lavian, who ultimately performed two epidural injections – one on 9/5/18 and the second on 1/28/19. Plaintiff also saw some other surgeons through his health insurance plan, including Dr. Kasimian, who recommended surgery with an artificial disc replacement at two levels (C4/5 and C5/6), 

  At trial, plaintiff waived past medical special damages and only sought future medical special damages for the surgical recommendation.  

• Plaintiff's Contentions:

  Plaintiff contended that the crash was the cause of all the injuries, including the radiating symptoms, for which he needed surgery.

• Defendant's Contentions:

  Defendant initially denied liability, but admitted liability prior to trial, and denied causing the injuries requiring surgery. Defendant further contended that there were gaps of one year within plaintiff’s treatment plan and that he had not had the surgery for over six years. Defendant asked the jury to find “NO” for the substantial factor question on the jury verdict form as defendant denied causing the injuries.