Our client, a 33 year old woman, was traveling westbound in the left turn lane of Hiram-Lithia Springs Road in Powder Springs, GA, when another driver changed lanes abruptly and struck the right passenger's side door of her car. Our client was taken by her husband to the emergency room of WellStar Cobb Hospital later that evening, complaining of neck pain, headache and left arm tingling. She was diagnosed as suffering cervical strain and was given Percocet, Flexeril and Vicodin and instructed to follow up with her primary care physician. Her family doctor diagnosed her as suffering left cervical trapezius strain, left rhomboid strain secondary to MVA and cervical radiculopathy and radial plexus radiculitis. He prescribed physical therapy and more medications. Her physical therapy consisted of manual therapy; hot/cold packs; electrical stimulation and ultrasound. The defendant's insurance company vigourously defended liabillity and damages but ultimately paid the policy limits beofre trial. Our client's medical insurance was a self -funded ERISA plan which claimed to be entitled to over $4000 of the settlement. We were able to get our client's UM carrier to pay our client the $4000 that was paid directly to the ERISA plan from the at fault party's insurer, which is believed to be a first in Georgia.
25,000