Case Study: Lumbar Disc Herniation and Facet Syndrome

Background: Mark Davis, a 40-year-old construction supervisor, sustained a low back injury when he was rear-ended by a negligent driver while stopped in traffic. Diagnostic imaging revealed a lumbar disc herniation at L4-L5 and L5-S1, along with lumbar facet syndrome. Despite extensive conservative treatment, Mark continued to experience chronic pain, reduced mobility, and difficulty performing his job duties. His doctors recommended ongoing pain management, including epidural steroid injections (ESIs) and radiofrequency ablation (RFA), but no surgery was scheduled at this time.

Challenges: The defense argued that Mark’s condition was degenerative and pre-existing, attempting to minimize the extent of his injury. They also claimed that since no surgery was planned, his future medical costs were speculative and that he could return to full employment with minor accommodations.

1. Life Care Plan

A life care planner conducted a detailed evaluation of Mark’s long-term medical needs, including periodic ESIs, RFAs, physical therapy, pain management, and alternative treatments if his condition worsened. This report quantified the costs associated with managing chronic lumbar pain without surgical intervention.

2. Present Value Assessment of Life Care Plan

An economist calculated the present value of Mark’s future medical expenses, ensuring that the projected costs of ongoing injections, RFAs, and therapy were accurately represented. This countered the defense’s argument that his future treatment was uncertain or unnecessary.

3. Vocational Loss of Earnings

A vocational expert assessed Mark’s ability to continue working in his physically demanding job. Due to his chronic pain and restrictions on heavy lifting, the expert determined that he would need to transition to a lower-paying, sedentary job or reduce his work hours, justifying compensation for diminished earning capacity.

4. Present Value Assessment of Loss of Earnings

An economist provided a present value analysis of Mark’s lost wages and future earning potential. This included scenarios accounting for career progression had he not been injured, reinforcing the need for a significant financial award.

5. Medical Bill Reasonableness of Charges Analysis

A certified life care planner reviewed Mark’s past medical expenses, confirming that the charges were reasonable and customary. This analysis ensured that his legal team could present accurate reimbursement claims while preventing the defense from undervaluing his medical costs.

Outcome: With a strong damages valuation expert-backed case, Mark’s legal team established his medical expenses, lost earnings, and pain and suffering. This ensured he had the financial resources needed for ongoing pain management and career adjustments due to his chronic condition.

Conclusion: For injury attorneys handling lumbar disc herniation and facet syndrome cases, comprehensive life care planning, economic assessments, and vocational evaluations are crucial. By leveraging expert reports and testimony, attorneys can counter defense tactics and achieve a just outcome for their clients.