Hog Law Case Results

Resulting in Three Disc Herniations With Neck & Back Surgeries

Description:

The driver of a 2006 Ford Mustang caused a 30 mph rear-end collision to our client, causing her to hit a third vehicle, causing a three-car chain reaction collision. Our client, the victim of this rear-end collision, presented to the hospital the same day with headaches, neck and back pain. Less than a month later, an MRI scan of her neck revealed two disc herniations – resulting in a neck surgery including a two level discectomy, with disc replacements. Six months after her neck surgery, she continued to have persistent and significant low back pain, radiating into her legs, worse after normal daily activities. MRI of her low back revealed an L5-S1 disc herniation, resulting in a surgery, an L5-S1 lumbar microdiskectomy.

In response to our demand for settlement, the insurance company for the at fault driver cited our client had a long history of multiple prior health claims or issues, citing a prior motor vehicle accident, prior workers compensation claims, prior neck surgery, fibromyalgia, also arguing her MRI studies showed pre-existing disc desiccation, spurring and disc osteophytes. In response, we obtained copy of all prior medical records, highlighted the prior records to show she did not have complaints or neck or back pain in the years before this crash. By producing such prior records, we agreed a person of this age normally has arthritic conditions shown by such scans, she was asymptomatic and the trauma aggravated any pre-existing arthritic conditions, causing her neck and back pain, also causing the disc herniations, not found on prior MRI scans.

Litigation Followed Including:

• We obtained copy of all prior medical records, highlighted the prior records to show she did not have complaints or neck or back pain in the years before this crash.

This case demonstrates the importance of:

A client being truthful regarding her prior medical history. The case also demonstrates the importance ordering copies of all prior medical records; as, such records may actually help prove the crash caused the injuries complained of, as they did in this case. Case settled after suit was filed.