(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
At the time Ms. Rich was examined by Dr. Shortley, it was Dr. Shortley’s opinion that surgery was “almost a medical certainty.” However, since that appointment Ms. Rich was examined by Praveen Mummaneni, M.D. with the Department of Neurological Surgery at UCSF. Dr. Mummaneni is recommending surgery. In his report it states:
“Assessment and Planning: The patient, who is a pleasant, 55-year-old right-handed woman presented to my office today at the UCSF Spine Center with complaints of postoperative low back pain radiating down her left leg. Her leg pain supersedes her back pain, and review of her postoperative lumbar MRI with and without contrast, as well as her lumbar CT with post-myelogram CT revealed a recurrent left L4-5 nucleus pulposus. Postoperatively the patient has failed conservative therapy in the form of formal physical therapy with injections. In accordance with the patient’s wishes, she wishes to undergo a reoperative left L4-5 diskectomy. I have gone over the indications, risks, benefits, and alternatives including death, and I have recommended that we obtain a new MRI with and without contrast prior to scheduling surgery. Once this is obtained, we will proceed with a reoperative left L4-5 microendoscopic diskectomy. In the interim, I have instructed her to notify me immediately should any problems arise beforehand that warrant my attention.
Dr. Mummaneni’s records are referenced herein.
Ms. Rich has a pre-surgery consult and MRIs at UCSF on March 11, 2007. Dr. Shortley in his previously quoted report estimates the cost of future surgery to be $125,000.00. Plaintiff will miss additional time from work.
Ms. Rich is currently 55 years old. Based on C.A.C.I. Table A, Life Expectancy Table – Male, Plaintiff has a future life expectancy of 26.3 years. As stated above, it is Dr. Shortley’s opinion that Ms. Rich will require future medication and physical therapy. Therefore, for purposes of this mediation, we conservatively estimate that her future medication costs will be $150.00 per month. Her future yearly physical therapy will cost $90.00 per visit (current rate with Richard Harty, P.T.) with two sessions per month.
Therefore, Ms. Rich’s total future medical is listed below:
Surgery $ 125,000.00
Medication $ 41,760.00
Physical Therapy $ 50,112.00
Total Future Medical $ 216,872.00
IV. PAST WAGE LOSS
As stated previously, at the time of the attack, plaintiff was an attorney. In her deposition, Ms. Rich testified as follows regarding her employment:
“A. I’m working as part of a very busy law practice with several offices throughout northern and southern California. I also have several law-related businesses that are national in scope.” (Rich deposition, page 8:1-6) (See Part 6 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.