Transverse ligament damage case

[Guest guest]

Doctors:I thought I would let you know about a recent verdict of mine on a transverse ligament damage case. Case Name:   v. SutherlandAttorney:   DeShaw, DC, JDFacts:  On January 22, 2004, plaintiff was hit as a rear seat passenger in a side impact.  Subsequent to injury he had nose bleeds, mild cognitive deficits, and abnormal sleep patterns.   Approximately four months post injury his treating DC was palpating his neck when it appeared that the patient passed out with pressure on the left side of C1.  This was reproduced in a subsequent visit.  Consultation with a neurologist suggested that an MRA be done.  In the MRA, the patient was determined to have a congenital defect leading his right vertebral artery not connecting with the Circle of Willis in the brain.  Still, it was unclear why the patient would black out with pressure on his neck at C1.  All x-rays taken in the hospital were normal, including flexion / extension views.Two years post collision, a DMX unit was installed in Oregon at Mike Underhill's office.  It was determined by way of the DMX that a 5mm lateral translation was occurring at C1 on one side, and 4mm on the other.  During testimony, the patient's neurologist, and radiologist, testified that they believed, to a reasonable medical probability, that plaintiff's left vertebral artery was being impinged during maximal lateral translation.This case was tried in a very conservative jurisdiction where the average personal injury verdict is $1,100.  In jury selection, the panel openly discussed its dislike for personal injury cases, greedy plaintiff lawyers, and the "outrageous" verdicts in this country.   Plaintiff's experts included a neurologist and a chiropractic radiologist.  The defense expert, a neurosurgeon, testified that the collision did not create an instability in the neck and that this was something unique to the chiropractic field.  He also admitted he did not know what an abnormal lateral translation finding would be in terms of measurement.Farmers Insurance offered $5,000 on the case, and increased to $10,000 two days before trial.  The verdict for plaintiff was $105,388.20, $5,388.20 more than the defendants insurance policy.This is the second case in the past year that I have resolved at or above a $100,000 policy limit in an upper cervical ligament tear case.  In the other case the client was having severe headaches for several years post collision, and had transient episodes of blindness caused by spinal cord compression with neck motion.  Despite that, the offer was relatively low until the MRI proved the ligament tear.  Unlike Farmers, that insurer (State Farm) immediately settled for the full insurance policy after realizing the seriousness of the injury.  Between the DMX and the new upper cervical MRI studies being done by the Mt. / Bridgeport MRI group, you can finally prove the seriousness of these injuries.  I encourage you to consider these methods when you hear clinical symptoms, or see radiographic signs of cervical instability.Respectfully, DeShaw, D.C., J.D. Dr. DeShaw, Esq., P.C.Portland OfficeFox Tower805 SW Broadway, Suite 2720Portland, OR 97205(503) 227-1233Seattle OfficeColumbia Center701 5th Ave., Suite 4200Seattle, WA 98104www.doctorlawyer.net(866) THE-FIRM