Settlement Verdicts
 

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 revealed five (5) torn ligaments in the upper cervical spine: interspinous ligament, 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.


$1.6 Million Settlement Report from Court of Erie County, New York - March 2003

A 40-year-old woman suffered injuries in a frontal impact car accident in 1999. After the accident, the plaintiff suffered from headaches, dizziness, and posterior neck pain that did not improve with medical or chiropractic treatment. The plaintiff attempted to obtain a settlement for her injuries from the Canadian insurance company that represented the driver of the other vehicle, but no acceptable settlement was offered. Just before the case went to trial, attorneys defending the insurance company again offered an unacceptably small settlement, claiming their MRI evidence showed only minimal injury to a disc and that the ligaments were not affected. In dramatic contrast, the plaintiff’s attorney used a projector and large screen to demonstrate evidence from a DMX study. The jury saw for themselves the injuries to ligaments at multiple levels, which were the cause of the plaintiff’s continuous headache and neck pain. A board certified surgeon testified that no procedure exists to repair these ligaments, and that the plaintiff’s injuries were permanent. After hearing testimony and seeing the DMX study, the jury awarded the plaintiff $1.6 million for her injuries. Following the trial, the plaintiff’s attorney said that without question the DMX study made a huge difference in the outcome of the trial.


$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 his 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 a permanent ligamentous injury to the upper cervical spine, allowing for a 3.5 mm of unilateral translation of C1 on C2 that correlated to the body/head positioning in the impact analysis. As a 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 a 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 the 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 a result of the DMX findings, the neurosurgeon recommended stabilization surgery at C1-C2. The neurosurgeon advised that 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.


$285,000 Settlement Report from Lehigh County Court, Pennsylvania – March 2003

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.

Allstate's offer of $20,000 to compensate the plaintiff for these injuries was rejected because the plaintiff requires ongoing care and treatment for her permanent injuries. The case went to trial before a jury. During the trial, the plaintiff's attorney projected the DMX study on a 12-foot screen. Expert witness Dr. Mark G. Kohn , D.C. prepared a graphic of white lines superimposed on the DMX, which compared the anterior longitudinal and posterior longitudinal ligaments to a "train track look." The visuals helped the jury easily understand the abrupt shift in the "track" caused by the plaintiff's injuries. The plaintiff's attorneys then explained the permanent and progressive nature of ligamentous injuries, which cannot be repaired by surgical or medical intervention. After hearing testimony and seeing the DMX, the jury awarded the plaintiff $285,000.


$124,500 Settlement - Trucks collided in traffic, bumping into compact car

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 10@ 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 end 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 motion 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 jury found both defendants negligent and awarded $124,500 to Young. The jury found defendant Randall Doggett to be 40% responsible and defendant Anibal Flores Castro to be 60% responsible. Pre-judgement interest totaled $22,717.26. The breakdown of the jury's award was as follows: Physical Pain and Mental Anguish in the past, $15,000. Physical Pain and Mental Anguish in the future, $20,000. Loss wages in the past, $17,500. Loss of future earning capacity, $20,000. Medical care in the past, $22,000. Medical care in the future, $30,000, for a total award of $124,500.00.


$50,000.00 Settlement based on objective provided by Digital Motion X-Ray

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 first visit to Michael Courtney, D.C. There was no other treatment during this 14-month period. Overall medical expenses totaled just over $7,000.00. The patient was referred to Steven Bennett, D.C. for a Digital Motion X-Ray (DMX). The findings of the DMX was read by David Harshfield, M.D. Dr. Harshfield determined that there was permanent ligamentous damage to the posterior longitudinal ligament 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 $7,000.00 offer for settlement. On the Day 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.


$42,223.50 Settlement Report from County of San Diego, North County Division

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 reconstructionists 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 were 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 judgment 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 trial, 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.”

 
 
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