BenGlassLaw Accident Team Settled Stem Cell Case for $250,000
This case stemmed from a car accident in which the Plaintiff was rear-ended while waiting for the light to turn green on Monument Drive in Fairfax, VA.
The impact resulted in substantial property damage, and the Plaintiff felt immediate, sharp pain to his lumbar spine.
Treatment Lead to a Discography
Over the course of three years, Plaintiff’s back pain persisted requiring him to undergo substantial physical therapy and epidural injections. Because his pain did not subside, Plaintiff underwent a discography, and it was Plaintiff’s doctor’s opinion that Plaintiff sustained an annular tear to a lumbar disc.
A discography is a medical test used to determine if a spinal disc is the source of a patient’s back pain. During the procedure, a doctor injects a contrast dye into the center of one or more spinal discs. This helps to identify damaged discs by replicating pain and providing images for diagnosis through X-rays or CT scans. It’s often used to evaluate conditions like degenerative disc disease or herniated discs.
An annular tear to a lumbar disc is a small tear or rupture in the outer ring of a spinal disc in the lower back. The annulus fibrosus is the tough outer layer of the disc, and when it tears, it can lead to pain and discomfort. The tear may also allow the inner gel-like substance of the disc to leak out, potentially irritating nearby nerves and causing additional symptoms like back pain, leg pain, or numbness. This type of injury is often caused by trauma, degeneration, or excessive strain on the spine.
Treatment Begins at Virginia Spine Institute
Ultimately, the Plaintiff was treated at Virginia Spine Institute with Stem Cell Therapy. According the Plaintiff’s doctor, the therapy entailed the doctor removing stem cells from the Plaintiff’s hip bone and injecting them into the Plaintiff’s spine at the location of his injured disc. The doctor explained that the purpose of the stem cells were to promote regeneration of the Plaintiff’s disc. After his procedures, the Plaintiff has reported significant relief from the therapy.
Stem cell therapy is a cutting-edge medical procedure that uses the body’s own cells to promote healing and regeneration. In this particular case, the plaintiff underwent a type of stem cell surgery where the doctor harvested stem cells from the plaintiff’s hip bone and injected them into the spine at the location of the injured disc.
How Stem Cell Surgery Works:
1. Harvesting: The process begins with the extraction of stem cells, often from the bone marrow in the hip bone or pelvis. These cells have the unique ability to develop into different types of cells, making them valuable for regenerative purposes.
2. Processing: The collected stem cells are then processed to concentrate them. This step ensures that a higher number of active cells are available for the treatment.
3. Injection The concentrated stem cells are injected directly into the site of the injured disc. This precise injection helps to focus the healing potential of the cells on the damaged area.
4. Regeneration: Once injected, the stem cells promote the regeneration of the damaged disc tissue. The goal is to stimulate the body’s natural repair mechanisms, leading to improved disc health and reduced pain.
Stem cell therapy is particularly promising for conditions involving disc degeneration, as it offers a minimally invasive option aimed at restoring function and reducing pain without the need for extensive surgery. The plaintiff’s doctor used this procedure to enhance disc regeneration, demonstrating the potential of stem cells in treating spinal injuries.
High Medical Bills Lead to a High Settlement
Due to his substantial treatment, Plaintiff incurred over $150,000 in medical bills.
To defend the case, the Defense retained an expert to assert that Plaintiff over treated and that the Stem Cell Therapy was “experimental” and thus not reasonable treatment. In response, Plaintiff’s expert opined that, while the treatment is certainly cutting edge technology, it was clinically useful, and the doctor had personally had treated countless patients with great success.
The Defendant was insured for $25,000 and the Plaintiff had a UIM limit of $250,000. Under the new statutory framework, Plaintiff settled with the Defendant for $25,000 early into the case. Shortly before trial, the UIM carrier offered its limits of $250,000.
Underinsured motorist (UIM) coverage is a type of insurance protection provided for drivers in Virginia that helps to cover costs when you’re involved in an accident with a driver who doesn’t have enough insurance to pay for the damages.
How UIM Coverage Works in Virginia
1. Definition of UIM: UIM stands for “underinsured motorist.” It applies when the at-fault driver has some insurance, but not enough to cover the full extent of the damages they caused.
2. Mandatory Coverage: In Virginia, UIM coverage is typically included in auto insurance policies by default. The law requires insurance companies to offer this coverage in amounts that match the policyholder’s bodily injury liability limits, unless the policyholder opts out.
3. Filing a Claim: If you’re involved in an accident where the other driver is at fault and their insurance doesn’t fully cover your expenses, you can file a claim under your UIM policy.
4. Example: For example, if your damages total $50,000 and the at-fault driver has only $25,000 in liability insurance, you could claim the remaining $25,000 through your UIM coverage, assuming you have sufficient limits.
5. Policy Limits: UIM coverage limits vary, but you should ensure your limits are adequate to cover potential damages. This is especially important in serious accidents where medical bills and other costs can be substantial.
Benefits of UIM Coverage for Virginia Drivers
1. Protects Against Inadequate Coverage: UIM coverage protects you from drivers who have insufficient insurance to cover the costs of an accident.
2. Peace of Mind: Knowing you have coverage beyond the at-fault driver’s limits provides peace of mind and financial protection.
3. Financial Security: Medical expenses, lost wages, and other damages from an accident can be significant. UIM coverage helps to mitigate these financial burdens.
In summary, UIM coverage is a crucial aspect of auto insurance in Virginia, offering important protection against the risks posed by underinsured drivers on the road.
More Virginia Car Accident and Injury information
- A Guide to Soft Tissue Injury Settlements in Virginia Car Accidents
- After A Car Accident, Should I Go to the Hospital?
- The Essential Duties of a Car Accident Lawyer
- Damages You’re Entitled to After Being Injured in An Auto Accident
- Navigating Motorcycle Accident Injuries: A Comprehensive Guide to Personal Injury Claims