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This case stemmed from a 2016 car accident in which the Plaintiff was rear-ended while waiting for the light to turn green. The impact resulted in substantial property damage, and the Plaintiff felt immediate, sharp pain to his lumbar spine.

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.

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.

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.