This three-day trial took place before DeKalb County State Court Judge Charles Bailey during the week of January 13, 2025. The plaintiff alleged past medical expenses of $63,000 and future surgery costs totaling $83,000 due to injuries sustained during a March 20, 2021 motor vehicle accident in Lithonia, Georgia.  The client vehicle rear-ended the plaintiff’s vehicle, causing it to hit a utility pole.  The client driver was issued a traffic citation for following too close.  The plaintiff was diagnosed with C3-C4 and C5-C6 disc herniations and severe annular tears at L5-S1.  He received chiropractic treatment, multiple steroid injections and lumbar medial branch blocks with radiofrequency ablation. He was also recommended for an Intracept surgical procedure in 2023 to alleviate his subjective pain complaints.  The trial defense focused on the significant gap in medical treatment, inconsistencies from the plaintiff’s subjective complaints documented in the medical records and the veracity of his intent to have the recommended Intracept surgical procedure.  There was also strong trial cross-examination of the plaintiff’s physiatrists and orthopedic surgeon treating physicians regarding the plaintiff’s pre-existing condition, causation and the reasonableness of the proposed future surgery. 

            Based upon post-verdict juror interviews, the DeKalb County jury verdict amount was intended to pay the actual medical expenses incurred, and provide $1,000 toward a future steroid injection, if the plaintiff chose to schedule one.  There was no amount given for the $83,000 future surgery, and no award for pain/suffering.