Justin Gerriah v. Steven M. Poltzman, D.C.
Published: Aug. 15, 1998 | Result Date: Jun. 15, 1998 | Filing Date: Jan. 1, 1900 |Case number: 96CV181B Verdict – $571,850
Judge
Court
Garfield Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jonathan H. Woodcock
(medical)
Ken Spresser
(medical)
Patricia Pacey
(technical)
Mark Pendleton
(medical)
Helen Woodard
(technical)
Neal Gilman
(medical)
Defendant
Craig Wenborg
(medical)
Facts
From May 31 to June 6, 1995, plaintiff Justin Gerriah received four chiropractic manipulations of the cervical spine. During the course of manipulations, the plaintiff allegedly suffered neurologic symptoms and complained to the defendant of the numbness and neurologic problems. The defendant continued to perform the chiropractic manipulations. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $350,000. The defendant offered $200,000.
Specials in Evidence
$192,100 $179,750
Injuries
The plaintiff alleged vertebral basilar artery occlusion resulting in brain infarcts in the cerebellum and mid-brain.
Other Information
The verdict was reached approximately one year and eight months after the case was filed. The parties contested whether physical impairment damages are included within the Health Care Availability Act (HCAA) and whether such damages are capped by HCAA. The court allowed the issue of physical impairment damages to be submitted to the jury.
Deliberation
three days
Poll
______-______
Length
five days
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