Facts

Plaintiff Jacobo Alvarez hurt his neck while moving a refrigerator down a flight of stairs. He
sought chiropractic treatment from defendant Patrick Wilbur, D.C., who performed chiropractic
manipulations. Thereafter, plaintiff was seen by defendant Sarah Hwang, M.D., who diagnosed a
fracture of the odontoid process in the cervical spine after about two months of conservative
treatment.

The plaintiffs contended that Dr. Wilbur used excessive force during the chiropractic manipulations, causing the
cervical spine fracture, alternatively, the inadequate pre-manipulation workup by Dr. Wilbur failed to diagnose
a pre-existing fracture and thus exacerbated the cervical spine fracture.
The plaintiffs further contended that Dr. Hwang delayed the diagnosis of the fracture of the cervical when she
saw plaintiff for a number of visits following Dr. WilburÆs treatment in which plaintiff continued to complain
to persistent pain.
DEFENDANT CONTENTIONS:
Defendant Dr. Wilbur contended that he acted within the standard of care in
evaluating plaintiff prior to performing the manipulations and that the pre-existing cervical fracture could not
be picked up by X-rays ordered by Dr. Wilbur. Subsequently, X-rays ordered by Dr. Hwang showed the
fracture, but she did not look at them; they were misread by the radiologist.
Further, Dr. WilburÆs manipulations and the delayed diagnosis by Dr. Hwang did not

Specials in Evidence

$153,000

Damages

$250,000 for plaintiff. The plaintiffÆs wife claimed $25,000 for loss of consortium.

Injuries

Cervical spine surgery and fusion, with permanent and residual pain and loss of range of motion in the neck.

Deliberation

1+ hours

Poll

11-1 (no negligence as to Dr. Hwang), 12-0 (no negligence as to Dr. Wilbur)

Length

six days