58-year-old Buffy was dining at Café Coyote in Old Town San Diego. She was seated outside on the patio when a heat lamp near her table fell directly onto her head and shoulder.

The cause of the fall was never determined, and the restaurant failed to preserve any video surveillance.

Buffy finished her meal and later went to urgent care, where she was diagnosed with a “head contusion.” She returned to Café Coyote the following night with her family. Once back home in Colorado, her chiropractor diagnosed her with post-concussion symptoms. She was referred to an optometrist and therapists. Her symptoms continue to this day.

Buffy argued that the restaurant placed an unstable heat lamp on an uneven sidewalk, resulting in a mild traumatic brain injury.

The defendant admitted liability just before trial—but disputed the extent of Buffy’s injuries. They argued she had only a short-term concussion (3–6 months) with no lasting effects. They pointed to her preexisting headaches, age, weight, and anxiety, and emphasized that Buffy continued working as a gate agent and had traveled internationally after the incident.

• Defendant’s offer: $500,000
• Defendant’s ask at trial: $50,000

Verdict - $2.9M.

Hon. Michael Smyth

San Diego Superior Court | March 21, 2025

There are two schools of thought:

#1 Chalk it up to a bad experience and never work with that attorney again. This approach will save you time.

#2 My approach: Consider any attorney who takes your Med Pay an act of War.

I have always taken action when an attorney tries to steal from me. And you should too.

Here’s what to do:

1. Send a demand letter stating that your patient—the attorney’s client—signed the AOB, and only the treating doctor is entitled to payment.
2. Discuss this with your patient and ask them to co-sign the letter with you. (Need help? Ask us for a template letter.)
3. Watch the response. If the patient won’t cooperate or is suddenly “unavailable” because they’re no longer treating, inform them that cash payments must begin immediately.
4. If the patient is on your side, suggest they hire a pro-chiropractic attorney—immediately.

Contact John Tawlian for your How-To Guide on getting your Med Pay.

When "Minor" TBIs Turn Into Major Verdicts

Buffy’s case is proof that even a so-called “mild” traumatic brain injury can lead to a multi-million-dollar result—if it’s properly documented. Chiropractors are often the first to spot subtle signs of concussion or post-concussive syndrome. If your patient reports headaches, visual changes, dizziness, or cognitive issues after trauma, flag it early and refer appropriately. Don’t let the lack of dramatic initial imaging fool you—juries understand that TBIs don’t always show up on scans. What matters is clear, consistent documentation of symptoms over time and a solid referral chain to specialists. That’s how a “head contusion” becomes a $2.9 million case.