During the second week in August 2019, after four days of jury trial, James Durstein and Mike Regan prevailed with a favorable jury verdict in a motor vehicle accident case. The plaintiff’s attorneys told the jury from the beginning of the trial that they would be asking for millions of dollars based in large part on future interventional pain management expense. But, before letting the case go to the jury, the court directed a verdict in our client’s favor on all future medical expense other than physical therapy.
It became clear on our cross-examination of the plaintiff’s pain management physician that the claim of future pain management expense was speculative. Consequently, the court would not allow the plaintiff’s life care planning expert to express opinions regarding future pain management expense.
Despite the directed verdict on future medical expense, Plaintiff’s attorneys asked the jury to award her over $4 million for past and future pain and suffering. We conceded that the plaintiff sustained cervical and lumbar strains, but argued that she did not suffer a permanent injury.
We suggested that the jury’s award of past medical expense be limited to $13,800 for the initial emergency department visit and for the first 2 1/2 months of chiropractic treatment. This is exactly what the jury awarded. The jury also found that the plaintiff did not sustain a permanent injury, so the jury did not award any damages for pain and suffering.
This was a defense verdict.