Facts

In Sept. 2008, claimant Lorrie Joyce was rear ended by another driver. Claimant had a pre-existing neck fusion at C5-6.

A couple days after the accident, claimant saw her internist and complained of neck pain. She e-mailed her internist in the several months that followed, continuing to complain of neck pain.

In mid-Jan. 2009, claimant returned to her neurosurgeon who had performed her first surgery. The neurosurgeon ordered an MRI, and the MRI revealed a new herniated disc at C6-7. Claimant treated conservatively for several months. However, in May 2009, she underwent a cervical fusion at C6-7.

Claimant continued to experience neck pain, and she followed up with a spine surgeon at Cedar Sinai's Spine Center. The spine surgeon advised that the fusion had failed and that claimant would need a future revision of the fusion.

The insurance carrier for the adverse driver paid the policy limits of $100,000.

Respondent did not make a formal offer at any time prior to the arbitration award.

CLAIMANT'S CONTENTIONS:
Claimant contended she was an "eggshell" and her prior conditions and surgery made her more susceptible to injury in the September 2008 accident. Claimant also contended that the car accident caused her new disc herniation at C6-7. Because of the accident, claimant would require a revision of her neck fusion.

RESPONDENT'S CONTENTIONS:
Respondent contended through its experts that the accident could not have caused claimant's disc herniation. Respondent's accident reconstructionist and biomechanic opined that the forces involved in the accident were not sufficient to cause any injury. Respondent's neuroradiologist opined that the herniation occurred close in time to the MRI film taken four months after the accident.

Result

$711,532 minus $100,000 previously paid by adverse driver's insurance for a final award of $611,532.

Other Information

Prior to the arbitration, Claimant issued a 998 offer for $799,999. At arbitration, Claimant demanded $1,836,532. Respondent made no formal offer.