Defendant company admits liability in rear-ender and disputes some of the injuries. $2.1M. Sacramento County.

Facts and Background

• Facts and Background:

  In 2015, plaintiff, 28 years old at the time, was a passenger in a vehicle that was rear-ended while stopped at a red light. Plaintiff underwent years of conservative care (chiropractic care, physical therapy, and injections) before undergoing two separate cervical disc replacement surgeries with Dr. Phillip Orisek, after which she made a good recovery.

  After her second surgery plaintiff was involved in a second rear-end crash in which she underwent approximately three months of conservative chiropractic care.

• Plaintiff's Contentions:

  That although she had made a reasonable recovery after her two surgeries, she was left with ongoing low-level (2 out of 10) pain in her neck and upper back, which would last the rest of her life. There was no further surgical recommendation, so she would need to manage her pain with massages and occasional physical therapy for the rest of her life.

• Defendant's Contentions:

  The defense admitted they were 100% at fault for the crash, and the need for the first cervical disc replacement. The defense attempted to argue that the second surgery could have been due, in part, to pre-existing degeneration; that plaintiff made an excellent recovery, evidenced by the fact that in the three years before trial, plaintiff had only seen her treating surgeon two times, both within the six months before trial.

  Additionally, that since there was no wage loss claim being made, that plaintiff's injuries were not as severe as claimed. Finally, the defense argued that her subsequent accident in June of 2020 (after the second surgery) was the primary cause of her ongoing symptoms, rather than the 2015 subject crash. The defense also contended that some of the past medical expenses were unreasonable.