Legal Cases
Arterial Dissection Cases
Because the chiropractic community largely denies the relationship between chiropractic cervical manipulation, arterial dissection, and stroke, patients who suffer an arterial dissection after a chiropractic manipulation are unlikely to get compensation from their chiropractor’s insurance company without the help of an attorney.
I am here to help. I have successfully litigated arterial dissection cases and have expertise in the factors that make these cases.
Cervical manipulation in people with risk factors for stroke
When a patient has risk factors for stroke, chiropractic cervical manipulation can be even more dangerous.
When our client went to the emergency room with stroke symptoms, his medical care team asked him questions to learn his risk factors, which were hypertension and high blood pressure. Once they learned his history and that he had recently been manipulated by a chiropractor, several of the treating physicians recognized the likely relationship between the chiropractic manipulation and stroke. All of this was documented in the client’s medical records.
In this case, the defense lawyers made the mistake of defending the body of chiropractic literature that attempts to refute the causal relationship between chiropractic cervical manipulation, vertebral arterial dissection, and stroke. The chiropractic literature is virtually impossible to defend when compared to decades of medical research confirming the association between cervical manipulation and stroke.
In the end, the jury was convinced of the relationship between the cervical manipulation and stroke, and found in our client’s favor. The jury entered a verdict for $1.4 million. A week after trial, the case was settled for the chiropractor’s $1 million policy limit.
If you or someone you love has suffered a stroke after receiving chiropractic care, contact me today for a free consultation.
Cervical manipulation in people without neck pain
Many patients seek chiropractic treatment for lower back pain only. However, many chiropractors perform cervical manipulations on patients with no neck pain. These patients are typically unaware that the cervical manipulation creates a risk for stroke.
It is particularly frustrating when a person without neck pain experiences arterial dissection as the result of an unnecessary cervical manipulation. If made aware of the risks, patients seeking treatment for lower back pain alone would be more likely to reject cervical manipulation.
Since the majority of chiropractors do not believe in a causal relationship between cervical manipulation and arterial dissection, they do not warn patients of the risks involved prior to treatment.
It is not enough for a chiropractor to bury a warning in small print on a form that a patient signs prior to treatment. The risks should be fully explained verbally so the patient can make a conscious decision about how to proceed.
When I examine these cases, one of the first questions I ask is, “Did the chiropractor make the patient aware of the risks prior to the cervical manipulation?”
Arterial Dissection Lawsuit
If you believe you or someone you love may be the victim of a stroke as the result of chiropractic treatment, you may be able to file a lawsuit. When you and your family makes this decision, you should immediately speak with an experienced arterial dissection lawyer. An arterial dissection attorney can help discuss the facts of each case to determine if the family has grounds to file a legitimate lawsuit.
The arterial dissection lawyer can help:
- Gather necessary information, documentation, and evidence for the case
- Determine relevant laws and requirements for the state in which the case is filed
- Perform necessary legal and medical research to support the case
- Conduct interviews of witnesses and expert medical witnesses for presentation in court
- Negotiate with the defendant and insurance companies to seek the highest compensation