CALL NOW TO SPEAK TO AN ATTORNEY 1-844-HAFFNER
213-514-5681

Experienced. Reliable. Capable. We Look Out for You.

  • No Hidden Fees Involved
  • No Obligation to Continue Beyond the Case Review
  • Get All Your Legal Questions Answered
click here for a free consultation

Notable Case Results

  • $ $97,284,817

    Class Action
    Mortgage Broker Rest Break
  • $ 8,820,000

    Brain Injury
    Settlement
  • $ 8,250,000

    Wrongful Death/Personal Injury
  • $ 23,500,000

    Bank of America
    Mortgage Broker Wage Class Action

Associations

Results

$ 8,820,000

Brain Injury Settlement

$ 8,250,000

Wrongful Death/Personal Injury

$ 23,500,000

Bank of America Mortgage Broker Wage Class Action

Touch below for a free injury consultation.

click here for a

free consultation

no fees until you get paid

Efforts To Discredit CRPS Diagnosis: Rejected by California Courts

A recent California case illustrates how Courts are handling Complex Regional Pain Syndrome cases and efforts to discredit the diagnosis.  In Allphin v. Peter K. Fitness, LLC, et al., (2015) 78 F.Supp.3d. 987, a case from the Northern District of California case, the defendants attempted to discredit plaintiff’s Complex Regional Pain Syndrome (CRPS) diagnosis.  The defendants asserted multiple affirmative defenses claiming, among other things, medical malpractice arising from the CRPS diagnosis. Allphin illustrates the court’s assessment and rejection of the attack on the CRPS diagnosis.

In Allphin, plaintiff brought a strict products liability action for an injury from a defective exercise resistance band that unexpectedly broke.  Plaintiff’s treating doctors diagnosed her with CRPS.  Each of the 3 defendants asserted affirmative defenses challenging the CRPS diagnosis on medical malpractice grounds, seeking to apportion their damages.  Plaintiff filed a motion for summary judgement on defendants’ medical malpractice defense, seeking to have it dismissed.

The Allphin court centers its discussion around defendants’ medical expert, Dr. Jose Ochoa, the defense expert, and his position that CRPS is not valid.  The Court rejected Dr. Ochoa opinions, noting that for example, in Dr. Ochoa’s report of his medical examination of plaintiff he states CRPS is not a valid medical diagnosis but in the same report states that CRPS is unanimously recognized as a neurological condition, and is recognized by all pain management doctors.  Dr. Ochoa’s deposition also stated his belief that CRPS is a “‘mythical diagnosis’” and describes pain management doctors as “‘flat earth people,’” “‘cult-driven,’” and “‘amateurs.’”  (Allphin v. Peter K. Fitness, LLC, et al., supra, 78 F.Supp.3d. at 990).  Dr. Ochoa essentially argues that any doctor prescribing a CRPS diagnosis is committing per se malpractice without identifying the standard of care.  Even defendants’ counsel was unable to describe what plaintiff’s doctors’ standard of care should be.  The court granted plaintiff’s motion to dismiss the medical malpractice defense, excluded Dr. Ochoa’s testimony, and denied jury instructions relevant to the malpractice.

Allphin illustrates that a CRPS diagnosis will stand up to an attack on the validity of the disorder.  It also illustrates that efforts to paint physicians who treat CRPS patients as out of the mainstream often backfire on the physician making that claim.

Click below to share this article:

nav close icon

RESULTS

$15,000,000

PROPERTY DAMAGE / BAD FAITH

$ 97,284,817

Class Action / Rest Break

$10,000,000

Bad Faith

$ 8,820,000

Brain Injury

$7,500,000

Medical Malpractice

$8,250,000

Wrongful Death / Accident

$1,000,000

Construction Defect
view all

INJURED ? CALL 213-514-5681

or

FILL OUT THE FORM BELOW FOR AFREE CASE REVIEW

  • NO PRESSURE
  • SPEAK WITH AN ATTORNEY
  • NO HIDDEN FEES
  • The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Sending time sensitive material to the firm via this message, will not be the responsibility of the firm. Proceed if you've read this disclaimer.
[]
1 Step 1
Type your name here & click nextyour full name
Phoneyour full name
Commentsmore details
0 /
Some Title
Nameyour full name
Some Title
Commentsmore details
0 /
Some Title
Previous
Next
powered by FormCraft
All Fields Required