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Medical
Malpractice

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

Khymberli S. Y. Apaloo

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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