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Despite the Testimony of Surgeon and Biomedical Engineer, Jury Not Convinced Neck Surgery Related to Clear Fault Accident

Posted on Oct 30, 2017 in Trial Results

On October 26, 2017, Adam Smith limited a verdict against his client to $3,500 in an admitted fault case where a 27 year old plaintiff with no prior history of neck pain underwent neck surgery and incurred medical expenses of more than $102,000.  Dr. Erik Bendiks, who performed the neck surgery, testified that the plaintiff sustained a herniation at C5/6 that was caused solely by the accident and required a disc replacement surgery.  Plaintiff also called a biomechanical engineer to testify about the force of the collision.  Plaintiff requested a total award of more than $600,000.  A Forsyth County jury deliberated for approximately six hours before returning a verdict for $3,500.

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