Virginia Lawyers Weekly//August 19, 2019
Virginia Lawyers Weekly//August 19, 2019//
On July 6, 2016 Ronald Johnson, a 49-year-old high-speed door technician, was a passenger in a vehicle operated by a co-worker, when they were struck from behind on Interstate 95 in Stafford County.
Mr. Johnson did not receive emergency treatment. The following day he consulted his primary care physician for back pain. Mr. Johnson was eventually referred to orthopedic and pain management physicians for ongoing back pain. Mr. Johnson’s treatment for back pain included a lumbar fusion as well as implantation of a trial spinal cord pain stimulator, but he chose not to move forward with the permanent stimulator.
Shortly after suit was filed the liability insurance limits of $100,000.00 were offered. The underinsured insurance carrier disputed Mr. Johnson’s injuries and future treatment. The DME doctor opined that Mr. Johnson’s injuries should have resolved in 6 to 8 weeks. Mr. Johnson also consulted Dr. Kirven for an independent medical evaluation, who supported the diagnoses of his treating physicians. A mediation was held approximately one month prior to trial which resulted in a total settlement of $775,000.00, plus a waiver of 66% of the workers’ compensation lien.
Type of action: Automobile Collision, Personal Injury
Injuries alleged: Lumbago with sciatica, lumbar radiculitis, low back pain, lumbar post-laminectomy syndrome
Name of case: Ronald Johnson v. Lindsay Nadell
Court: Stafford Circuit Court
Case no.: CL18000973-00
Name of judge or mediator: Hon. Michael C. Allen (Ret.)
Verdict or settlement: Settlement
Attorneys for plaintiff: Charles W. Davis Jr., Tappahannock
Plaintiff’s experts: Joshua Herzog, M.D.; Daniel C. Martin, M.D.; Joseph K. Harris, M.D.; Felix M. Kirven, M.D.; V. Robert May, III, Rh.D., CRP, CDE II – Certified Disability Examiner; Sharon Reavis, R.N., M.S., C.R.C., C.C.M. – Certified Rehabilitation Counselor and Life Care Planner; Peder K. Melberg, MA, CRC – Vocational Expert
Defendant’s experts: Ali Moshirfar, M.D.; Abbott B. Huang, M.D.