In February 2008 at approximately 10:00 a.m., CD was traveling on 134th Place S.E., in Mill Creek, Washington when your insured, Andrew Llata, exited from a Safeway parking lot attempting to turn left, and struck CD's vehicle pushing it into the turning lane into traffic going the opposite direction. Snohomish County Sheriff's Office responded to the scene and upon investigation cited your insured for "failure to yield when entering from driveway/road (resulting in collision)".
Upon impact, CD body was violently jolted and tossed around the inside of the vehicle. Her head was thrown forward and then snapped backwards in a whiplash like motion, bluntly striking against the seat/headrest of the vehicle. Additionally, Connie's body was slammed against the restrain of her seat belt and her knee struck the dashboard.
As a direct result the other driver's negligence, CD sustained injuries to her neck, shoulders, back, knee, and associated body structures.The injury to Connie's knee resulted in left knee arthroscopy, partial meniscectomies and debridement of the patellofemoral joint.
CD is a 53 year old woman who enjoys spending time with her family and friends. Hobbies include gardening, daily walks of 5-6 miles with cooling down stretches afterward, and yoga. Currently, CD has her own business as a dog trainer and behaviorist.
A summary of her injuries and treatment are outlined below.
Cervical strain/sprain with in tenderness, pain, muscle spasms, and limited range of motion.
Trapezius strain. Whiplash injury with resultant ligamentous instability and acceleration of spinal disc disease. Diagnosis - 847.0; 723.1; 728.85 ·
Back strain with tenderness, pain, muscle spasms/soreness/tightness (thoracic lumbar regions) with resultant ligamentous instability and acceleration of spinal disc disease. Diagnosis - 847.1; 847.2; 724.2; 728.85 · Knee (left) pain, tenderness and decrease range of motion, tear of medial cartilage or meniscus of the knee Diagnosis - 719.46; 836.0 ·
Headaches Diagnosis - 784.0
Treatment: We have provided a summary of our client's treatment received from each medical provider and have enclosed the records for your review. (See Exhibit 2 - Medical Records)
Sandra D. Solack, MD - Northwest Family Care Center CD presented to her family doctor, Dr. Solack, following the collision for the injuries to her neck, shoulders and left knee pain. CD recalled she hit her left knee on the dash and since then had noted pain in the left knee cap along with bruising. Dr. Solack prescribed massage for CD 's neck, back and shoulder injuries. Physical therapy will be prescribed if there is no improvement in CD 's knee. CD returned to Dr. Solack still having pain in her left knee particularly when kneeling or getting up from a squatting position. Because CD 's knee was slow to resolve, Dr. Solack referred CD to physical therapy to address the knee pain. CD reported that physical therapy had initially helped her knee, but pain returned with flexion, sitting in the lotus position and when sitting in a chair. A MRI of CD 's left knee was ordered. Based on the findings of a left medial meniscus tear, chondromalacia patellae, and a small asymptomatic Baker's cyst, Dr. Solack referred CD for an orthopedic consultation.
Crown Hill Chiropractic CD was also under the care of her chiropractor, Scott Lynch, DC, for manipulative therapy to her neck and back. CD reported positive results with this treatment.
Living Lotus Massage Per the referral of her physician, CD underwent a course of massage therapy to address her neck, back, shoulders, and knee symptoms. Gradually, Connie's neck, back and shoulder pain began to lessen although her left knee pain did not resolve.
Ballard Physical Therapy/Therapeutic Associates 5/29/08 - Per the referral of her physician, CD began physical therapy to address her continued left knee pain. She described activities that aggravated her symptoms as sitting and rising from sitting, going up/down stairs, squatting and pressure on the knee, and yoga. CD underwent manual therapy, joint mobilization, therapeutic exercise and modalities. It was noted at the last visit that CD 's left knee showed positive responses to special testing indicating possible meniscus involvement. Physical therapy was put on hold for imaging studies to take place.
Seattle Radiologists 9/24/08 On referral of Dr. Solack, Connie underwent a left knee MRI which showed:
1. Tear of the body and posterior horn of the medial meniscus.
2. Fairly advanced patellofemoral osteoarthritis with patellar chondromalacia
3. Small Baker's cyst.
Herbert R. Clark, MD/Northwest Orthopedic Clinic Due to failure of conservative treatment, and per the referral of CD 's physician, CD presented to Dr. Herbert Clark for an orthopedic consultation of her left medial knee pain. CD reported her left knee temporarily improved, but worsened over time without additional trauma. Treatment options were discussed and arthroscopic surgery was decided upon. CD underwent diagnostic and operative left knee arthroscopy, partial medial and lateral meniscectomies and debridement of the patellofemoral joint on November 20, 2008. Post-op visits showed improvement and CD was released to a home exercise program along with anti-inflammatory medications as needed.
Seattle Orthopedic Center Physical Therapy Dr. Clark referred CD to physical therapy following the arthroscopy surgery in order to strengthen and normalize her left knee. She underwent ultrasound, electrical stim, mobilization, work conditioning, gait training, and therapeutic exercises. CD reported positive results with this treatment.
We have calculated our client's damages as follows:
|Future Medical Expense (presumption)||$500.00|
|Non-economic damages: pain and suffering, loss of enjoyment of life||$75,000.00|
Total Special and General Damages
After sustaining her injuries, CD hired Seattle car accident attorney and personal injury attorney Chris Davis for legal help. Davis was able to help explain her legal options, provide her a peace of mind through the process, and finally get her medical expenses covered by the guilty party's insurance company.