Las Vegas Settlements
January 10th, 2020
I have represented accident injury victims for 46 years in the Las Vegas area. What follows is an interesting story.
In the past, when people suffered injuries to their neck in car crash cases, the actual condition went undiagnosed. Their treating physicians would simply say that they had ongoing neck pain but did not offer any medical evidence supporting this position other than the subjective complaints of the injured parties.
This all changed when the Digital Motion X-Ray technology became available to people injured in these events.
Most recently, I tried a Binding Arbitration proceeding before a local retired District Judge in which my client suffered a ligamentous injury to her neck in a car crash. The adverse insurance carrier valued the claim as it would any "soft tissue" claim and, therefore, did not make any significant offer to the injured Plaintiff prior to hearing.
At the hearing, the Digital Motion X-Ray findings were presented, along with other corroborative radio-logical information to the Arbitrator. After hearing the evidence, he entered an award in the favor of the injured Plaintiff for over $400,000.00. This result would never had happened without the Digitial Motion X-Ray reveals ligamentous injuries to an injured Plaintiff's neck in almost every case when there is a longstanding chronic neck pain complaint.
Very truly yours,
THE GALLIHER LAW FIRM
Keith E. Galliher, Jr., Esq.
Plaintiff, an adult female, was involved in a motor vehicle accident in Las Vegas, Nevada. The accident occurred when a hit-an-run driver struck the side of plaintiff's vehicle and thereafter fled the scene of the accident. Although plaintiff was shaken at the scene of the accident, she was not bleeding and felt that she did not have to seek immediate emergency care. However, the next day plaintiff continued to have tightness and spasming of muscles with ongoing pain and therefore sought treatment with Dr. Allan Long. Dr. Long found the plaintiff to have spasming in the cervical and lumbar area and she was diagnosed with acute cervical and lumbar strain/sprain.
Dr. Long instituted conservative chiropractic care and continued said care until, in his opinion, plaintiff was not progressing as Dr. Long anticipated. Accordingly, Dr. Long recommended to plaintiff was not progressing as Dr. Longanticipated. Accordingly, Dr. Long recommended to plaintiff a digital motion X-ray of the cervical spine which was thereafter performed. The results of the Digital Motion X-ray, which was read by Dr. William Orrison, indicated anteroilsthesis of C3 on C4, retrolisthesis on C3 as well as C4 demonstrating damage to the posterior and anterior longitudinal ligaments. Additionally, Dr. Orrison found a 4-millimeter lateral translation of C1 and C2 bilaterally, which demonstrated injury to the alar and accessory ligaments.
The digital motion X-ray was also sent to and read by Dr. john Postlewaite who confirmed and agreed with Dr. Orrison's findings. Thereafter, the plaintiff was seem and evaluated by an orthopedic surgeon who confirmed the presence of the ligamentous injury consistent the findings of Dr. Orrison and Dr. Postlewaite, Unfortunately, because of the permanent nature of the ligamentous injury, there was not much more active care that could be done to improve plaintiff's condition other than fusion surgery of the cervical spine. The plaintiff did not desire to undergo or consider surgical intervention in her cervical spine, was released from active care, was to be seen on an as-needed basis and continued to have symptoms of pain and headaches consistent with the ligamentous injuries.
Throughout the course of treatment the plaintiff incurred medical specials totaling $20,090.00. Since the adverse vehicle could not be located, a demand was made on behalf of plaintiff against the underinsured motorist policy of the vehicle she was driving at the time, as well as her own personal underinsured motorist coverage. Needless to say the underinsured motorist carriers did not view plaintiff's injuries as permanent nor anything more than soft tissue sprain/strain. Accordingly, the case was not settled and instead agreed, to be heard in private binding arbitration.
The parties engaged in private binding arbitration and a decision was rendered granting plaintiff the sum of $210,000.00 as a result of the permanent ligamentouf injuries she sustained.
Plaintiff's counsel: Gabriel Maritinez of Greenman, Goldberg, Raby and Martinez Plaintiff's experts: Dr. Allan Long, Dr. Roger Russell, Dr. John Postlewaite
July 5, 2005 | Las Vegas Settlements
1. A 35 year old female was rear ended in September 2003. That evening she went to the Hospital for evaluation. No x-rays were taken, she was given Motrin and released. After treating with one chiropractic physician she changed to another after her insurance ran out, During that time a Digital Motion X-ray was ordered revealing damage to the anterior and posterior ligaments, the capsular ligaments, and alar and accessory ligaments. MRI revealed disc herniation. No surgery. Settled out of Court for policy limits.
Case Settled: June, 2005 for $25,000 with 3rd Party Allstate, and $100,000 UIM State Farm.
2. A 40 year old male was involved in a motor vehicle crash in July, 2001 injuring his left wrist and left knee both requiring surgery. The wrist required surgical hardware. The patient presented with ongoing wrist and knee pain, and a Digital Motion X-ray was performed in December 2003. The test revealed a positive drawer test consistent with instability, as well as medial and lateral instability. The wrist revealed distal radial ulnar joint instability. Prior to this test the 3rd Party offered to settle for $80,000 on a $100,000 policy. After reviewing the test results, they called the Attorney and asked what it would take to settle this case? The Attorney and client agreed to $115,000 without going to trial.
3. A 30 year old male was involved in a motor vehicle crash in February, 2000, causing him left TMJ pain with popping, clicking and locking. The 3rd Party stated it was impossible to sustain a TMJ injury without physical contact. A Digital Motion X-ray was performed in October, 2003. The test results revealed internal derangement of the right and left TMJ. Prior to test the offer of settlement was zero!!
Case Settled: January, 2004 for $33,000 out of a $40,000 policy without a trial.
4. A 31 year old female was involved in a motor vehicle crash in June 2008 with chronic neck pain and headaches. Digital Motion X-ray was performed on 3/05/2009 revealing multiple levels of ligamentous instability. Initially the 3rd party offered nothing for settlement.
Case Settled: for policy limits of $100.00.00
5. A 22 year old female was involved in a motor vehicle crash on 03/25/2010. She was experiencing on going daily cervical aching, muscle tightness and headaches. Her chiropractic physician referred her for a Digital Motion X-ray on 09/30/2010. The test revealed multiple levels of ligamentous injury. The 3rd party offered very little, therefore, it was taken to binding arbitration. The defense brought in their orthopedic specialist who denied any injury could occur and did not believe in the DMX technology. The arbitrator sided with the plaintiff.
Case Settled: for $145,000.00.
If you have any further questions regarding this sstudy please contact me personally.
Sahara Health Care
Digital Motion X-ray
1601 South Maryland Parkway Las Vegas, Nevada 89104 (702) 384-5401 (702) 382-3994 FAX
May 11, 2005
Insurance Settlements Other Parts of The Country
Digital Motion X-ray (DMX) provides visual, objective proof of painful, progressive, and permanent ligamentous injuries. DMX can dramatically increase settlement amounts for people who have sustained ligamentous injuries that MRI, CT, and static x-rays cannot detect. Here are real cases that Digital Motion X-Ray (DMX) helped prove:
$1.7 Million settlement after DMX confirms ligamentous injury.
The patient was injured in a head-on motor vehicle accident with both vehicles traveling at 60 MPH. The patient suffered from head (brain), neck (ligamentous), upper and lower back injuries. Patient's headaches persisted with no change since the accident in spite of previous physical therapy, rhinotomy surgery, multiple medications daily, numerous MRIs, Brain Scan, CAT Scan, PET Scan and x-rays. The patient's medical bills totaled approximately $44,000. DMX posterior longitudinal ligament, alar ligament and accessory ligament. Dr. Allen Unruh, DC demonstrated the patient's Digital Motion X-Ray by projecting it on a large screen to the jury. At mediation, CNA offered the Plaintiff $62,500 to settle. On the courthouse steps just before the beginning of the trial, CNA offered $850,000 to settle out of court. In this Circuit Court case of State Steel Company vs. Stuart Jensen, the jury awarded the Plaintiff $1.7 million.
$850,000 Settlement Report from Arapaho County, Colorado
In 2000, the plaintiff was hit from behind by another vehicle traveling at approximately 45 mph. The plaintiff immediately developed symptoms of headache, dizziness, and nausea. He sought treatment from his medical doctor who told him that he was “fine”. The plaintiff then sought chiropractic care along with treatment from a different medical doctor, but the underlying cause of his headaches and neck pain had not been found and did not diminish. In August of 2002, A DMX study was ordered despite the fact that the plaintiff’s PPO denied the plaintiff care. The plaintiff had had an MRI and CT, which were both unable to detect the cause of injury; however, the DMX study found the cause of the ongoing headaches and neck pain. In September 2002, the Digital Motion X-Ray (DMX) video study was played in court to the judge and jury. The DMX established that the plaintiff had suffered permanent ligamentous injury to the upper cervical spine, allowing fora 3.5 mm of unilateral translation of C1 on C2 that correlated to the body/head positioning in the impact analysis. As as result of the DMX study, the jury awarded the plaintiff $850,000 for his injuries.
$750,000 Settlement Report from Los Angeles County Superior Court
A 19-year-old woman was involved in an SUV rollover accident on January 1, 2001. At the hospital she was administered a CT scan that revealed a non-displaced fracture of the right pedicle and lamina of C5. After several days in the hospital, she was discharged and continued treatment with an neurosurgeon, orthopedic surgeon, and chiropractor. Though her cervical fracture healed, the source of her ongoing pain was undiagnosed by conventional static imaging technology.
Because of persistent cervical pain, her chiropractor recommended that she undergo a cervical spine videofluoroscopy (1980 technology). Due to lack of imaging quality of this older technology, a definitive diagnosis could not be achieved. John Postlethwaite, D.C. (creator of the Digital Motion X-Ray [DMX] system) was requested to administer a series of Digital Motion X-Rays in August 2001, which revealed several levels of cervical instability and osteo-vertebral abnormalities including, but not limited to, severe lateral translation at C1-C2, multiple levels of facet joint dysfunction, compression fracture, and interspinous and longitudinal ligamentous injuries. A follow-up DMX series was administered in January 2002 that found further worsening of the translation abnormality at C1-C2, as well as permanency of the facet joint dysfunction, ligamentous injuries, and cervical instability.
As as result of the DMX findings, the neurosurgeon recommended stabilization surgery at C1-C2. The neurosurgeon advised that the DMX series explained her chronic cervical pain and headaches. The neurosurgeon also stated that based on the DMX series she would experience cervical pain for the rest of her life, regardless of the need for further surgical intervention, because of the multiple levels of facet joint dysfunction and ongoing vertebral instabilities.
Due to the objective proof of injuries verified by the DMX series, this claim settled at mediation in June 2002 for $750,000.
A 50-year-old female was hit from behind by a car going 35 mph. After the crash, the plaintiff was taken to the hospital where she was x-rayed and released with only a prescription for muscle relaxants. The plaintiff continued to suffer from headaches, posterior neck pain, and numbness in her left hand that did not resolve with medical care. The plaintiff had a DMX study which showed permanent ligamentous damage to her cervical spine.
On June 14, 1999, Tara Young, 28, an administrative assistant, was at a complete stop in her Toyota Corolla waiting to turn left off of 9600 Long Point Rd onto Spring rock Rd, Houston, when she was struck from behind by Anibal Flores Castro. Castro had moved into the left lane in a [email protected] wheeler truck abruptly in front of Randall Doggette, who was driving an 18-wheeler truck and was unable to stop his vehicle in time causing him to strike the back of Castro's vehicle that then was pushed into Young's vehicle.Young sued Castro and Doggette for negligence alleging that both were driving carelessly - Castro, by changing lanes without allowing enough space between his and Doggette's truck, and Doggette by traveling too fast to prevent his truck from striking Castro's truck. Both Castro and Doggette blamed each other for causing the accident.
Young sustained injuries to her neck, upper back and lower back. Her symptoms persisted for more than 15 months during which time she was treated with physical therapy and anti-inflammatory medications, muscle relaxants and oral analgesics. She continued to suffer with pain in her lumbosacral junction for which she received an MRI of the lumbar spine that showed evidence of degenerative discs at L3,4 and L4-5. She also continued to complain of pain in the neck that radiated into her trapezium muscles on both sides. Dr. Kendrick also ordered an MRI of the neck which showed a straightening of the usual cervical lordosis but was otherwise seen as normal. He then ordered a DMX (digital X-ray) of her cervical spine that revealed evidence of ligament damage.
Because her pain continued, Dr. Kendrick referred Young to pain management specialist Dr. Judy Dai for epidural steroid injections. Her response to these injections was favorable and as a result, on her final visit on September 11, 2000 to Dr. Kendrick's office her complaints were limited to occasional right trapezium pain. Her Toyota Corolla sustained $1836.21 in damages to the right rear trunk and quarter panel. Young sought damages for physical pain and mental anguish in the past, physical pain and mental anguish in the future, loss of wages in the past, loss of future earning capacity, medical care in the past and medical care in the future. The defense maintained that even if they were negligent, Young's injuries weren't nearly as bad as she claimed them to be.
The claim of the plaintiff, against the defendant, was tried in Pine Bluff, Arkansas before a jury. The plaintiff was involved in a motor vehicle crash for which she saw her primary care provider one time. Due to on-going posterior neck pain and increased pain upon neck movement, the patient went for chiropractic care. There was a 14-month gap between the first visit to the primary provider and the month period. Overall medical expenses totaled just over $7,000.00. The patient was referred to Steven Bennett, D.C. fora Digital Motion X-Ray (DMX). The findings of the DMX was read by David Harshfield, M.D. Dr. Harshfield determined that there was permanent ligitameous damage to the posterior longitudinal and capsular ligaments that stabilize the facet joints in the cervical spine, which he demonstrated and explained during deposition. Dr. Courtney provided expert testimony reinforcing and demonstrating to the jury the ligamentous damage from the DMX. Prior to the court date, there was a $7,0000.00 offer for settlement. On the Dat of court, a representative of Farmers Insurance increased the offer to $10,000.00. As a result of being able to demonstrate to the jury, via the DMX, the injury to the cervical spine, the jury returned a verdict of $50,000.00.
A 26-year-old female with no prior injuries was involved in a rear-end car crash. The damage to her car was only $442. Accident re constructionists hired by Farmers Insurance company claimed that the collision was "below the threshold for injury" - the classic "no crash-no cash" position taken by many insurance companies in low speed accidents. Julie Honaker-Zimmerer DC, FAFICC, MS, QME, was called to testify to the jury about the results of the Digital Motion X-Ray (DMX) that was taken of the plaintiff. Dr. Zimmerer showed the DMX study and explained to the jury that the ligamentous injuries they ere seeing were permanent. The jury went into deliberation and came back with a verdict of $42,223.50. The jury was polled after the verdict and asked why the judgement was above policy limits. Jurors stated that they made the award because they "could see the ligament injury with the DMX." Farmers insurance then filed a motion with the court asking for a new trail, stating that the jury was "too sympathetic." This motion was denied by Judge Thomas P. Nugent on October 10, 2002., saying that there was "sufficient evidence to support the verdict," and that "the court further finds that the award of damages was not excessive."