Digital Motion X-ray
$1.6 Million Settlement Report from Court of Erie County, New York – March 2003
A 40-year-old woman suffered injuries in a frontal impact car accident in 1999. After the accident, the plaintiff suffered from headaches, dizziness, and posterior neck pain that did not improve with medical or chiropractic treatment. The plaintiff attempted to obtain a settlement for her injuries from the Canadian insurance company that represented the driver of the other vehicle, but no acceptable settlement was offered. Just before the case went to trial, attorney’s defending the insurance company again offered an unacceptably small settlement, claiming their MRI evidence showed only minimal injury to a disc and that the ligaments were not affected. In dramatic contrast, the plaintiff’s attorney used a projector and large screen to demonstrate evidence from a DMX study. The jury saw for themselves the injuries to ligaments at multiple levels, which were the cause of the plaintiff’s continuous headache and neck pain. A board certified surgeon testified that no procedure exists to repair these ligaments, and that the plaintiff’s injuries were permanent. After hearing testimony and seeing the DMX study, the jury awarded the plaintiff $1.6 million for her injuries. Following the trail, the plaintiff’s attorney said that without question the DMX study made a huge difference in the outcome of the trial.
$850,000 Settlement Report from Arapaho County, Colorado
In 2000, the plaintiff was hit from behind by another vehicle traveling at approximately 45 mph. The plaintiff immediately developed symptoms of headache, dizziness, and nausea. He sought treatment from his medical doctor who told him that he was “fine”. The plaintiff then sought chiropractic care along with treatment from a different medical doctor, but the underlying cause of his headaches and neck pain had not been found and did not diminish. In August of 2002, A DMX study was ordered despite the fact that the plaintiff’s PPO denied the plaintiff care. The plaintiff had had an MRI and CT, which were both unable to detect the cause of injury; however, the DMX study found the cause of the ongoing headaches and neck pain. In September 2002, the Digital Motion X-Ray (DMX) video study was played in court to the judge and jury. The DMX established that the plaintiff had suffered permanent ligamentous injury to the upper cervical spine, allowing fora 3.5 mm of unilateral translation of C1 on C2 that correlated to the body/head positioning in the impact analysis. As as result of the DMX study, the jury awarded the plaintiff $850,000 for his injuries.
$750,000 Settlement Report from Los Angeles County Superior Court
A 19-year-old woman was involved in an SUV rollover accident on January 1, 2001. At the hospital she was administered a CT scan that revealed a non-displaced fracture of the right pedicle and lamina of C5. After several days in the hospital, she was discharged and continued treatment with an neurosurgeon, orthopedic surgeon, and chiropractor. Though her cervical fracture healed, the source of her ongoing pain was undiagnosed by conventional static imaging technology.
Because of persistent cervical pain, her chiropractor recommended that she undergo a cervical spine videofluoroscopy (1980 technology). Due to lack of imaging quality of this older technology, a definitive diagnosis could not be achieved. John Postlethwaite, D.C. (creator of the Digital Motion X-Ray [DMX] system) was requested to administer a series of Digital Motion X-Rays in August 2001, which revealed several levels of cervical instability and osteo-vertebral abnormalities including, but not limited to, severe lateral translation at C1-C2, multiple levels of facet joint dysfunction, compression fracture, and interspinous and longitudinal ligamentous injuries. A follow-up DMX series was administered in January 2002 that found further worsening of the translation abnormality at C1-C2, as well as permanency of the facet joint dysfunction, ligamentous injuries, and cervical instability.
As as result of the DMX findings, the neurosurgeon recommended stabilization surgery at C1-C2. The neurosurgeon advised that the DMX series explained her chronic cervical pain and headaches. The neurosurgeon also stated that based on the DMX series she would experience cervical pain for the rest of her life, regardless of the need for further surgical intervention, because of the multiple levels of facet joint dysfunction and ongoing vertebral instabilities.
Due to the objective proof of injuries verified by the DMX series, this claim settled at mediation in June 2002 for $750,000.