Gilbert Henderson and Tamara Henderson v. James Yi, D.C., Inland Valley Rehabilitation and Chiropractic Center, and Does 1-25
Published: Jan. 27, 2023 | Result Date: Nov. 10, 2022 | Filing Date: Jul. 25, 2017 |Case number: CIVDS1714122 Verdict – Defense
Judge
Court
San Bernardino County Superior Court
Attorneys
Plaintiff
Dominique N. Westmoreland
(The Westmoreland Law Firm)
Defendant
Jeffrey A. Walker
(Walker Law Group)
Experts
Plaintiff
Lisa Itskovich
(chiropractor)
Defendant
Stanley K. Oh
(chiropractor)
Carl Herman Schultz
(diagnostic radiologist)
Facts
Plaintiff Gilbert Henderson is a regular patient at Inland Valley Rehabilitation and Chiropractic Center and his usual treating professional is defendant James Yi, D.C. Plaintiff has undergone numerous treatments with Dr. Yi, over the past several years, with a 10-year history of issues with lower back pain and previously sought chiropractic treatment for injuries following a car accident.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that on January 19, 2017, defendant Yi was negligent in treating plaintiff and as a direct and proximate cause of defendant Yi's negligence plaintiff has suffered significant bodily injury, loss of companionship, emotional distress, and loss of earnings. Plaintiff was placed on a medical leave and ordered not to work. On March 24, 2017, plaintiff was required to undergo certain x-ray exams, as well as neck and back examinations. Plaintiff was diagnosed with mild multilevel degenerative disc disease.
DEFENDANT'S CONTENTIONS: Defendant, James Yi, D.C., denied all contentions. The adjustments preformed on January 19, 2017, were the same manipulations as had been performed at all of plaintiffs previous chiropractic appointments. Defendant's treatment was reasonable, appropriate, and within the standard of care. Furthermore, mild multilevel degenerative disc disease would not be caused by chiropractic adjustments, but rather prior injuries.
Specials in Evidence
Meds: $50,000 Loe: 75,000
Damages
$250,000
Result
Verdict in favor of defendant, James Yi, D.C.
Deliberation
two hours
Poll
11-1
Length
seven days
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