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January 2008 Legal Case Study

Mechanical Cervical Traction Used Without Order - Annular Tears and Herniated Discs - $6.2 Million Verdict.

The plaintiff was involved in a vehicle collision with one defendant in March 2002. The plaintiff sustained several injuries from the collision, the most serious of which was to her neck. The plaintiff’s symptoms persisted and her primary care physician prescribed physical therapy.

In June 2000 the plaintiff began treatment with a physical therapy treatment center. The treatment included mechanical cervical traction, even though this treatment was not prescribed. The plaintiff also claimed that the person who administered the mechanical cervical traction was an unlicensed aide. The plaintiff claimed that she suffered C4-5 and C5-6 annular tears with herniated discs as a result of the treatment.

The defendants argued that the mechanical cervical traction was indicated in a trial format and that the weight used was not sufficient to cause injury.

The defendant involved in the accident claimed that the initial collision was the plaintiff’s fault and that the plaintiff’s injury was due to the improper traction.

The plaintiff underwent a variety of treatment, but was unable to continue her medical practice as a ophthalmologic surgeon.

According to Reporter a $6,293,035.60 verdict was returned. Negligence was apportioned fifty percent to the physical therapy treatment center. Twenty-five percent negligence was apportioned to the defendant involved in the accident and twenty-five percent negligence was apportioned to the plaintiff.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.

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