Jillian Vukson proved to a jury that a plaintiff was not injured in a rear-end motor vehicle accident in which negligence was stipulated. In the case, plaintiff contended that as a result of Ms. Vukson’s client rear-ending his vehicle while he was a front-seat passenger in a vehicle stopped for a school bus he suffered serious and permanent injuries including injuries to his low back, neck and left arm with nerve damage in his left upper extremity.
Plaintiff claimed to have difficulty with household work, and he could no longer play with his grandson. He further claimed he was unable to continue with his lifelong passion for playing guitar, a skill he previously used to play in bands and give guitar lessons. The plaintiff’s expert opined that plaintiff sustained herniated discs in his neck confirmed by MRI and nerve damage confirmed by EMG. He further found that the then 61-year-old’s injuries were permanent and that plaintiff would be under ongoing restrictions not to lift or carry anything heavy.
In defense of the case, Jillian was able to show inconsistencies in plaintiff’s medical records and questioned the overall veracity of plaintiff’s claims. She argued to the jury that despite plaintiff’s ongoing claims of pain, he had several gaps in treatment which consisted of only physical therapy. She further argued that plaintiff underwent no invasive treatment for the accident and that plaintiff had not even taken any pain medication for his claimed injuries following the accident. Moreover, Jillian called into question the credibility of plaintiff’s expert, as plaintiff’s expert admittedly never reviewed the diagnostic studies himself upon which his opinions were based. Defendant’s expert, a neuroradiologist, supported Jillian’s defense by concluding that there was no objective medical evidence of injury upon review of the diagnostic studies. At the close of trial, the Philadelphia County jury found that the plaintiff was not hurt in the accident and found in favor of Jillian’s client.
