72-Year-Old Laguna Hills Man Rear-Ended by Drunk Driver, Gets $172K Settlement for His Injuries

Nov. 26, 2012 - PRLog -- September 15, 2011, Dana Point, California – At approximately 3:30 pm, a 72-year old Laguna Hills man was driving his 2009 Nissan Altima northbound on Pacific Coast Highway (PCH), having just come from the St. Regis Hotel in Dana Point.

As the man entered the right turn lane to make a right turn onto Crown Valley Parkway, the traffic signal located at Crown Valley Parkway and PCH turned red before the man could make his right turn onto Crown Valley. As the man came to a complete stop, he heard the sound of screeching tires directly behind him when he was violently rear-ended by a female driver who was driving too fast for conditions.

Resulting from the high-speed impact, the 72-year-old’s Altima sustained approximately $6,500 in damage. Although the male driver was properly restrained in his seat belt, the great force of the impact caused him to be in immediate pain to the extent that he was physically unable to exit his vehicle. Since the man could not get out, he remained inside his vehicle until the ambulance and paramedics arrived where they transported him to Mission Hospital.

The female driver said she was driving the Mazda SUV rental on behalf of her now former employer, Citrix Systems, Inc. She was arrested at the scene for driving under the influence of alcohol; she is currently being prosecuted by the Orange County District Attorney’s Office for violating California Vehicle Code § 23153(a) and (b) – DUI with BAC .08% or more causing injury.

The injured 72-year-old man was represented by Cohn & Swartzon, P.C., an Orange County personal injury law firm. Immediately following the impact, he complained of excruciating head, neck and shoulder pain. After emergency personnel from Mission Hospital performed a series of CT scans and X-rays, the plaintiff was diagnosed with cervical and lumbar strains; he was told to follow up with his primary physician who subsequently prescribed anti-inflammatory medication and a physical therapy regimen which was commenced on September 26th of 2011.

After undergoing physical therapy for a month, the plaintiff still complained of continuous headaches and insomnia due to neck pain and discomfort. He also complained that he couldn’t lift heavy objects and his injuries prevented him from engaging in many of his usual recreational activities, he also complained that the pain adversely affected his ability to concentrate on tasks for longer than 10 minutes. The plaintiff continued going to physical therapy several days a week in hopes of feeling better, yet his symptoms did not improve.

Six weeks post-collision, the plaintiff visited a neurologist since he was still suffering from debilitating headaches that radiated to the frontal area of his head, and he was suffering from severe pain in his left shoulder. After the neurologist conducted a physical and neurological examination, the physical examination of the cervical spine revealed paracervical tenderness and myospasm, and that the cervical range of motion was abnormal, and that the left shoulder had a reduced range of motion. Due to these symptoms, the neurologist advised the plaintiff to undergo an MRI of the cervical spine and an MRI of the brain, as well as a neuropsychological evaluation if the symptoms persisted.

The MRI showed a 1.5mm broad-based posterior disk/endplate osteophyte complex C3-C4 and C4-C5, a 1.5mm broad-based posterior disk buldge at C5-C6, and a 2mm broad-based posterior disk protrusion at C6-C7. Due to the herniated disks, the plaintiff continued to suffer from severe neck and back discomfort and tightness. On December 22, of 2011, he received a series of cervical facet intra-articular joint injections at right C5-C6, C6-C7, and left C5-C6, C6-C7.

While the injections helped relieve the majority of his neck pain, the plaintiff still complained of pain that radiated down his shoulder and arm, which he received an epidural injection for, as well as left cervical trigger point injections at three sites.

In February the plaintiff returned to his doctor for re-evaluations and although the cervical epidural helped significantly, he complained that the headaches returned after the epidural and they felt different than the ones he suffered from previously. Fearful of a possible cerebrospinal fluid leak from the epidural injection and the persistent headaches, his doctor referred the plaintiff to specialist for a high resolution 3 Tesla brain MRI. While the MRI didn’t reveal an actual CSF leak, the enhanced clarity demonstrated that the plaintiff suffered from a 2mm posterior disc bulge at C3-C4, a mild disk bulge at C4-C5, and a 3mm posterior disc bulge at C5-C6.

At the plaintiff’s March of 2012 final examination, his diagnosis was unchanged from the February 2012 visit. The plaintiff remains systematic to this day and his physician estimates he will have to continue physical therapy and taking medication, and he will need to undergo neurological re-evaluations for the next two to three years. The plaintiff continues to have constant pain in the right side of his neck, and he suffers from frequent headaches. The non-stop pain causes the plaintiff to lose sleep and prohibits him from focusing on many of his work-related tasks.

As a result of the plaintiff’s injuries, his attorneys at Cohn & Swartzon, P.C. secured a settlement for $172 thousand dollars; the firm filed a lawsuit against the drunk driver and her employer. Cohn & Swartzon, P.C. is a car accident law firm located in Orange County, California. With over 25 years of experience handling personal injury claims, and as a client-focused law firm, attorneys Jason Cohn and Saar Swartzon provide superior legal representation in all types of auto accident cases including drunk driving accidents. To find out how the firm can assist you, please call (888) 480-3883 or go online at http://www.orangecountyautoaccidents.com.