Defense Win
American Family Insurance
Wednesday, September 20, 2023
by: Patrick Kurkoski, American Family Insurance

Section: Summer 2023

Neilson v. Orr - Plaintiff claimed permanent lumbar facet joint injuries. Treatment included chiropractic, massage, physical therapy, dry needling, steroid injections, and platelet rich plasma injections. Plaintiff testified to inability to participate in past vigorous physical activities including double black diamond skiing, heavy weightlifting, running, heavy yardwork. Also complained of inability to have intimacy with partner and difficulty with job duties. Dr. Virtaj Singh testified to permanency and the need for ongoing injection treatment. Attorney Sam Elder, with associate James Prescott, elected not to present the medical bills, which totaled $41,990.96.  Instead, they asked for $6.28 million in general damages.  As it became apparent the jury was looking for objective evidence to support a verdict plaintiff’s counsel asserted economic damages for past and future medical treatment, although the only evidence to support value of such treatment was the testimony of Dr. Singh. The jury awarded $4,000 for past medicals, $20,000 for future medicals based on Dr. Singh’s testimony about repeat injections, and $5,000 for general damages for a total award of $29,000.00.