Jennifer Whitworth (Birmingham, AL) (Auto Liability) obtained a Defense Verdict in a bench trial on February 8, 2022 in the District Court of Jefferson County, Alabama in a clear liability auto accident case against an Allstate insured. The Plaintiff claimed neck, back, shoulder and arm injuries. Although the Plaintiff had health insurance, she did not utilize it, instead choosing to receive LOP physiotherapy treatment from a provider recommended by her lawyer. During the first visit, the NP diagnosed Plaintiff with cervical ligamentous instability and suspicion of fracture and/or cervical disc derangement. Despite that diagnosis, the provider failed to conduct diagnostic imaging and did not refer the plaintiff to a specialist. Instead, the Plaintiff underwent numerous chiropractic adjustments and traction to her cervical spine. The provider charged $10,000 for this treatment.
The defense retained an orthopedic surgeon who testified at trial that the plaintiff’s treatment was unnecessary, unreasonable and dangerous. He testified that with the NP’s diagnosis, a cervical collar should have immediately been placed on the plaintiff and she should have been referred to a spine surgeon. The doctor further testified that traction could have paralyzed the plaintiff, assuming she actually had a fractured spine. Despite the Defendant conceding negligence at trial, the Court entered a judgment for the Defendant, implicitly finding that the Plaintiff didn’t prove that she was injured in the accident.