Facts

Plaintiff, Eric Bessem, claimed that he received ultrasound treatment to his upper cervical spine and suboccipital area from a Chiropractic Assistant. The plaintiff claimed that this resulted in post traumatic head syndrome and eventual Complex Regional Pain Syndrome. He also complained of photophobia and phonophobia.

PLAINTIFF'S CONTENTIONS:
The ultrasound was negligently applied. It should not have been applied over his spinal cord and/or brain. The ultrasound disrupted the cells of his brain and caused a thermal injury to his spinal cord. This resulted in complete disability, chronic severe pain throughout his entire body, and Complex Regional Pain Syndrome. Plaintiff, Maria Bessem, sued for loss of consortium.

DEFENDANT'S CONTENTIONS:
The ultrasound was only applied over the lower neck and trapezius muscles. These were the areas of his symptoms. The ultrasound was appropriately applied. There was no organic injury and the plaintiff's complaints were purely psychosomatic.

Damages

Special Damages: $2,232,559; General Damages for Eric Bessem: $500,000; General Damages for Maria Bessem: $250,000

Result

Defense.

Deliberation

30 minutes

Poll

11-1

Length

10 days