| In August 2000, 56-year-old Diane Farmer* had | | | | massage treatment. She was referred to a |
| just slowed her vehicle to make a left turn off of | | | | medical doctor who specialized in rehabilitation and |
| Highway 99 in Lynnwood, Washington, when | | | | physical medicine with an emphasis in spine-related |
| another motorist ran a stop sign and hit her head | | | | injuries. This doctor suspected that Diane might |
| on at 35 mph. Diane's airbags deployed. She was | | | | have a condition called Thoracic Outlet Syndrome |
| thrown forward and back again upon impact. She | | | | (TOS). TOS can occur following acute injury to |
| remembers the air bag hitting her face and chest | | | | the cervical spine. Common symptoms associated |
| with great force. Diane sat there stunned, and in | | | | with TOS include arm numbness, tingling, and a |
| pain. | | | | feeling of "heaviness." |
| The other driver, Michael Dejoria, immediately | | | | Diane was referred to a vascular surgeon for a |
| backed his vehicle up and took off, fleeing the | | | | surgical consultation. The surgeon performed |
| scene. Other motorists who saw the crash called | | | | ultrasound testing and confirmed that Diane did |
| 911. One of the motorists followed Mr. Dejoria as | | | | have TOS. The doctor felt that the TOS was |
| he fled the scene at a high rate of speed. | | | | related to the injuries she received in the car |
| Witnesses reported that Mr. Dejoria thereafter | | | | crash 5 years earlier. Diane was advised to |
| drove his vehicle erratically and at high speeds. | | | | continue with conservative management, |
| Fortunately, the Washington State Patrol had a | | | | consisting of physical therapy, exercises and |
| trooper nearby. The WSP eventually spotted Mr. | | | | injections to manage her symptoms. If |
| Dejoria and pulled him over. Upon contact, the | | | | conservative treatment failed, then the vascular |
| trooper smelled a strong odor of intoxicants from | | | | surgeon told Diane that the only option left was |
| inside Mr. Dejorias's vehicle. He was asked to | | | | surgery. |
| perform field sobriety tests, which he ultimately | | | | When Diane hired an attorney, Mr. Dejoria's |
| failed. Mr. Dejoria was arrested and booked into | | | | insurance company (MetLife Home Auto) made |
| jail for DUI and Hit and Run. He eventually pled | | | | the last and final settlement offer of $30,000. |
| guilty to DUI. It was Mr. Dejoria's 2nd conviction | | | | MetLife argued that Diane had only suffered from |
| for an alcohol-related traffic offense. | | | | "soft tissue" injuries that should have healed. It |
| Diane was taken to Providence Hospital in Everett. | | | | also argued that Diane's pain complaints were due |
| She reported neck and back pain, and severe | | | | to a pre-existing injury or condition because Diane |
| chest pain and bruising. Over the next few days, | | | | was in a car accident in 1969 and in 1987. |
| Diane's pain complaints worsened. She also | | | | However, Diane stated that she made a full |
| experienced severe shoulder pain, presumably due | | | | recovery from each of these prior accidents. |
| to the seat belt harness upon impact. | | | | A lawsuit was filed. The drunk driver's deposition |
| Over the next year, Diane received medication, | | | | was taken. He testified that he had no memory |
| physical therapy and massage treatment for her | | | | of the collision. When he was deposed, he stated |
| ongoing neck, shoulder and back pain complaints. | | | | that he was unemployed and homeless. After 12 |
| The bruising to her chest did not resolve for | | | | months of litigation, the case settled a few days |
| several months. She found it difficult to perform | | | | before trial for the other driver's insurance policy |
| daily activities, like standing, sitting, walking, and | | | | limits. |
| lifting. Diane also had great difficulty sleeping. | | | | Diane then filed a claim for Underinsured Motorist |
| Diane's doctors initially diagnosed her with strains | | | | (UIM) benefits with her own auto carrier Liberty |
| to her neck and back. She was also diagnosed | | | | Mutual Insurance Company. Liberty Mutual denied |
| with a shoulder impingement syndrome. Diane's | | | | the claim, causing Diane's attorney to request |
| X-ray and MRI scans were considered "normal" | | | | arbitration pursuant to the terms of the policy. |
| given her age. | | | | Liberty then hired its own counsel to defend the |
| Although Diane's symptoms did not resolve, she | | | | claim. |
| decided to stop therapy and try to manage her | | | | After more than 12 months of litigation against |
| complaints with a home exercise program. She did | | | | Liberty Mutual, a mediation session was held. The |
| not receive any medical treatment over the next | | | | parties eventually agreed upon terms of |
| 20 months. | | | | settlement. |
| During this 20-month period, Diane pursued home | | | | In the end, Diane was able to secure a gross |
| exercises. Her symptoms never fully resolved, | | | | settlement of $185,000. This amount included her |
| and in fact, progressively worsened. She then | | | | claimed past medical expense of approximately |
| decided to return to treatment. By this time, her | | | | $40,000. Diane continues to treat for her |
| neck pain had worsened and she was | | | | condition. She is doing everything she can to avoid |
| experiencing numbness and tingling into her arms | | | | surgery. |
| and hands. | | | | *Some names have been changed to protect our |
| Diane received more physical therapy and | | | | client's privacy. |