Lawsuit Filed Over Injuries Including Herniated Discs

As discussed on this site, herniated disc injuries can occur during vehicle accidents because great – and unnatural – stress can be put on the spinal column during these collisions.

A recent Illinois personal injury lawsuit filed over a July 18, 2015 car accident in Wilmette mentions herniated discs as an alleged injury stemming from the head-on collision.

James Schurr filed the lawsuit against Homer Askounis, 92, of Chicago.

According to the accident lawsuit, the collision occurred as Askounis was driving northbound on Skokie Road near Central Avenue in Wilmette.  At that time, Askounis drove into oncoming traffic, thus hitting Schurr’s car in a “head-on” collision.

The lawsuit alleges that Schurr, as a result of the accident, incurred “severe injuries” that has left him unable to work.

The alleged injuries incurred by Schurr are reported to include herniated discs.

The suit, filed recently in the Circuit Court of Cook County, accuses Askounis of “willful and wanton conduct” and said he “carelessly and negligently operated his vehicle in a dangerous and unreasonable manner.” The lawsuit also says Askounis “failed to exercise due care.” It seeks a judgment against Askounis in excess of $50,000 in compensatory damages and unspecified punitive damages.

Additional details and possible updates concerning this Circuit Court of Cook County lawsuit and the underlying accident can be seen in a variety of media sources, including the Wilmette Life article mentioned above, as well as the November 11 Wilmette-Kenilworth Patch article titled “High School Coach Sues 92-Year-Old Man After Head-On Car Accident.”

Commentary Regarding Ruptured Or Bulging Discs

As discussed on this site, herniated disc (also referred to as slipped disc, ruptured disc, and bulging disc) injuries can occur during vehicle accidents because great – and unnatural – stress can be put on the spinal column during these collisions.  However, there are many other potential causes of herniated discs, including those caused by other types of accidents, sports, (improper) lifting, and other factors.

A June 8, 2015 mycentraljersey.com article titled “Healthwise:  What you can do about low back, neck pain” discusses various aspects of neck and back pain, as well as the causes of such pain.  Some of the discussion focuses on herniated discs and sciatica.

An excerpt:

Severe back pain after a fall or injury is also one of the leading causes of visits to the Emergency Department. Sometimes back pain can be related to a disc in the spine that herniates or bulges. The spine’s vertebrae are cushioned by gel-like discs that are prone to stress, or wear and tear from aging or injuries. A weakened disc may rupture or bulge, putting pressure on the adjacent spinal nerve roots. This is known as a bulged, herniated or torn disc, and can cause intense pain. If a bulging or ruptured disc presses on the nerve roots that form sciatic nerve, one may experience shooting pain from the buttocks down into the legs. This is called sciatica.

Additional details regarding back pain (including slipped discs) and neck pain can be seen in a variety of media sources including the June 8 mycentraljersey.com article mentioned above.

Importance Of A Medical Check-Up After A Vehicle Accident

As previously mentioned in this site, if one is in a vehicle accident it is very important that one gets a thorough and accurate medical assessment of any injuries sustained.  This is particularly so with regard to any potential herniated disc injuries, as those who get herniated disc injuries may not realize these injuries as the symptoms may not immediately manifest.

Recently, there was a bicycle accident in Aurora, Illinois, which underscores the importance of getting a thorough medical check after being in any type of vehicle accident.  While the injuries sustained during this accident did not appear to involve a herniated disc injury, the severity of the injuries – apparent only after a few hours – underscores the time-critical nature of getting a timely, thorough medical examination.

The bicycle accident in Aurora is discussed in the July 18, 2014 Aurora Beacon-News article titled “Bicyclist realizes depth of injuries hours after Aurora crash.”  As seen in the article, the bicyclist initially thought he was okay after the accident, only to encounter problematical health symptoms a few hours after the accident, including difficulty breathing and vomiting blood.

An excerpt from the article:

He was taken to the emergency room at Presence Mercy Medical Center in Aurora, where it was determined he had bleeding on his brain as well as possible internal bleeding.

Doctors transferred Owens to Good Samaritan Hospital in Downers Grove for surgery.

Additional details regarding the accident can be seen in the Aurora Beacon-News article mentioned above.

Illinois Lawsuit Alleges Herniated Disc Injury Resulted From Car Accident

As previously discussed in this site, herniated disc (also commonly referred to as Bulging disk, Compressed disk, Ruptured disk, and Slipped disk) injuries often occur during an automobile or vehicle accident. These herniated disc injuries occur during vehicle accidents because great stress can be put on the spinal column during these accidents.

These herniated disc injuries are often seen in car accidents in which one car gets “rear-ended” by another car.

An Illinois lawsuit involving an automobile accident is an example in which a motorist involved in an automobile accident suffered an alleged herniated disc injury.

The lawsuit is described in the Madison Record article of October 15, 2012, titled “Route 159 rear-end accident causes injuries, suit says.”

Two excerpts from the article:

A Belleville woman claims she suffered from a cervical herniated disc after a driver rear-ended her vehicle.

also:

In her complaint, Shearrer alleges she drove north in the left lane of Illinois Route 159 near the intersection of Kadlec on Oct. 9, 2010, when Schwab, who was driving in the same direction, struck the back of Shearrer’s vehicle.

In addition to her herniated disc, Shearrer incurred medical costs and lost wages, according to the complaint.

Additional details regarding this Illinois lawsuit alleging a herniated disc injury can be found in the Madison Record article mentioned above.

Past Illinois Lawsuit Alleging Herniated Disc Injuries

As discussed elsewhere in this site, herniated disc injuries often occur during automobile accidents because unexpected and unnatural stress can be placed on the spinal column during such crashes.  Such herniated discs can potentially cause a range of maladies, including back, neck, and leg pain.  This pain can be severe.

One example of a past Illinois vehicle accident that allegedly caused a herniated disc injury can be seen in the Madison Record article of May 20, 2009, titled “Jury award more than $120,000 in Edwardsville rear-end re-trial.”  In this Illinois accident, in which one vehicle “rear-ended” another, the plaintiff sued the defendant for two slipped discs that allegedly occurred during the accident.

Additional details can be seen in the Madison Record article mentioned above.

 

Elman Law Group, LLC $621,000 Verdict In Wrist Fracture Case

Anthony R. Elman of Elman Law Group, LLC has successfully achieved a $621,000 jury verdict involving a wrist fracture stemming from a Chicago car accident. The case, John Calhoun vs. Peter Ochoa, was tried in Cook County Circuit Court, Chicago, Illinois.

Elman Law Group took the case to trial after there was a Last Offer to Settle by Defendant (American Family Insurance In House Counsel) of $45,000.

The case involved a 36-year-old plaintiff who was involved in a Chicago car accident, which happened when the defendant, insured by American Family Insurance Company, allegedly failed to yield the right-of-way when his car made a left-hand turn in front of the plaintiff’s car. The plaintiff, who was the front-seat passenger in the car, suffered a wrist injury to his right arm when the deployed airbag hit his arm. The plaintiff had about 2-3 months of post-accident treatment for this wrist fracture. No invasive surgery was ever needed. The treatment consisted of pain medications, wearing a hand cast, physical therapy, and closed reduction non-invasive outpatient surgery. The defense was allowed to introduce into evidence that the plaintiff had a recent felony criminal conviction.

Plaintiff’s medical bills were about $21,000. Anthony Elman’s last settlement demand was $50,000.

Herniated Disc Injuries – Getting A Correct Diagnosis

Recently, there has been a lawsuit filed over an alleged misdiagnosis regarding a herniated disc injury.  Details can be found in the January 20, 2014 Courthouse News Service article titled “Herniated Disc Woes Lobbed at Kaiser.”

Getting a correct diagnosis with regard to potential herniated disc injuries is of critical importance.  If one is in a vehicle accident, it is very important – for many reasons – that one gets a thorough and accurate medical assessment of any injuries sustained.  This is particularly important with potential herniated disc injuries, as herniated disc injuries may not be immediately apparent.

As seen as Step 5 in the “10 Steps You Should Follow After An Auto Accident” provided by Elman Law Group:

Get a medical check-up
We recommend that you and your passengers get a medical check-up following an automobile accident. Some injuries are not immediately apparent, and a physical performed by your physician or other qualified medical professional can check for injuries that went unnoticed right after the accident.

Herniated disc (also commonly referred to as a “slipped disk”) injuries can occur during car accidents and other vehicle accidents because sudden and extreme stress can be applied in an unnatural fashion on the spinal column during these crashes.

“Rear-end” Auto Collision Involved Possible Herniated Disc Injuries

Herniated disc injuries (also called Bulging disk, Compressed disk, Herniated intervertebral disk, Herniated nucleus pulposus, Prolapsed disk, Ruptured disk, and Slipped disk) can occur during an automobile or vehicle accident. These herniated disc injuries occur because great – and often unnatural – stress can be put on the spinal column during these vehicle accidents.

A court case involving an automobile accident (Marta Hermosi v. Megan Azzaro) is another example in which a motorist involved in a car that was rear-ended by another sustained possible herniated disc injuries.

As seen in the case, a critical question is whether the herniated disc injuries were caused by the vehicle accident, or if the herniated disc injuries existed before the accident.

An excerpt:

Dr. Michael Amoroso, a radiologist, testified as an expert on plaintiff’s behalf. Interpreting plaintiff’s MRIs, Dr. Amoroso testified that plaintiff had a central superior disc herniation in the cervical spine at C2/C3 and disc bulges at C3/C4, C4/C5 and C6/C7. He testified that herniation is caused by “[s]ome traumatic force.” He further indicated that a herniation is a permanent condition “[e]xcept for rare instances.” He noted that plaintiff’s lumbar spine MRI showed disc desiccation and acknowledged that the desiccation could have resulted from degenerative changes rather than trauma. He also acknowledged that plaintiff’s MRI showed no nerve root or spinal cord impingement.

Dr. Wayne Poller, a chiropractor, testified as an expert on plaintiff’s behalf. He noted that plaintiff began treating with him approximately one week after the accident. She complained of pain, stiffness in her back, neck and shoulders and discomfort elsewhere in her body. She exhibited pain on palpation at C4/5, C5/6 and L5. Dr. Poller took X-rays, which showed “hypomobile subluxation at C5/6/7, some disc narrowing at C5/6/7, and . . . subluxations at C7/6, C5/4, and malpositions at C6/7 and C4/3.” In his reading of plaintiff’s MRIs, Dr. Poller found a bulging disc at L5/S1.

Dr. Roger A. Berg, defendant’s radiological expert, found no herniations or subluxations in plaintiff’s cervical MRI and that “all the vertebral bodies were in a normal alignment.” He found no indication of nerve root impingement and testified within a reasonable degree of medical certainty that the changes in plaintiff’s cervical spine shown in the MRI were chronic and degenerative rather than caused by the accident. Indeed, Dr. Berg stated that it would be unusual for a person of plaintiff’s age, forty-four, to have no degenerative changes. According to Dr. Berg, plaintiff’s MRI of the lumbar spine showed no disc bulge at L5/S1 and that the L5/S1 disc was “absolutely normal.”

More information concerning the case can be seen in the above case link.

An Auto Accident Involving Possible Herniated Disc Injuries

Herniated disc injuries (also called Bulging disk, Compressed disk, Herniated intervertebral disk, Herniated nucleus pulposus, Prolapsed disk, Ruptured disk, and Slipped disk) can occur during an automobile or vehicle accident. These herniated disc injuries occur because great – and often unnatural – stress can be put on the spinal column during these vehicle accidents.

A court case involving an automobile accident (Michael Yankanich v. Allstate Insurance Company) is an example in which a motorist involved in an automobile accident sustained possible herniated disc injuries.

As seen in the case, a critical question is whether the herniated disc injuries were caused by the vehicle accident, or if the herniated disc injuries existed before the accident.

An excerpt:

Immediately after the accident, plaintiff began to experience soreness and a burning sensation in his neck accompanied by numbness and tingling in his hands and arms. Plaintiff was treated for a year by an orthopedic surgeon, Barry Gleimer, D.O., who then referred him to Joan O’Shea, M.D., a neurosurgeon. O’Shea testified that she limits her practice to the care and treatment of spinal problems and operates on disc herniations, fractures of the spine and tumors. She explained that as a neurosurgeon, she is trained to read MRI films and other diagnostic tests, adding that her decision about whether to operate on a patient is based in substantial part upon her assessment of the MRI films. O’Shea testified that her examination of plaintiff and her review of the MRI films led her to conclude that plaintiff had sustained herniated discs at C3-4, C5-6 and C6-7. She also found some degenerative changes in plaintiff’s neck.

O’Shea also reviewed the MRI films of plaintiff’s lower back and concluded that his low back and leg pain were attributable to a disc herniation at L1-2. She opined that the three herniated discs in plaintiff’s neck and the herniated disc in his lower back all resulted from the accident in question. She testified that an MRI is an objective test that a patient cannot fake. When asked whether the disc herniations were a permanent injury, O’Shea answered yes, commenting “[t]hey’re not gonna go away.”

More information concerning the case can be seen at the link provided above.

Slip & Fall Lawsuit Filed Involving Herniated Disc Injury

There are many types of accidents that can lead to a herniated disc (which is also called a ruptured disc, slipped disc, or herniated disk).  A recent lawsuit was filed with regard to a man’s accident in which he fell in Chicago.  In this accident he sustained various injuries including a slipped disc.

The lawsuit and accident are discussed in the Cook County Record article of September 6, 2013, titled “Police officer sues park district over slip and fall accident.”

A couple of excerpts from this article include:

A Chicago police officer is suing the park district for more than $3 million after a slip and fall incident at Ping Tom Park.

also:

“He had suffered damages to wit (a) herniated disc and nerve damage in his back, and would have to undergo surgery,” the lawsuit states. “At the aforementioned time and place, the (park district) had a duty to all invitees, including Officer Matura, to remove snow and ice from their premises so as to prevent them from slipping and falling.”

Matura argues in his lawsuit that park district personnel knew the area was covered with snow and ice, and that people walking to the mobile study unit were at danger when walking on the premises.

He also claims that park district personnel knew that people entering the area could slip and fall if the snow and ice were not removed.

Additional details and possible updates concerning this lawsuit involving a herniated disc injury sustained in Ping Tom Park can be seen in the Cook County Record article mentioned above.