Jury Rejects Plaintiff’s “non-compliance” with medical treatment plan and “Doctor Shopping”
Following a 2-day trial, attorney Alexandra Svoboda secured a favorable verdict for her client in Cobb State Court. The defendant admitted fault for causing a rear end collision with minor damage to both vehicles. Plaintiff had been in a more significant collision six days before the collision with defendant, but testified he was not hurt in that prior collision. However, the photographs of that collision and his medical records from the collision with defendant indicated he may have been hurt in the prior collision, and the jury believed he probably was hurt in the prior collision. In addition, plaintiff was non-compliant with much of his therapy treatment plan, and appeared to “doctor shop,” eventually receiving several injections and medial branch blocks to the tune of $75,000.00. The jury awarded him his ER bills plus some amount of therapy to account for some aggravation of the likely prior injuries from the six- day prior collision, for a total of $11,000.00. They did not award plaintiff any pain and suffering.