Robin Terry (Raleigh) obtained a favorable opinion by successfully arguing medical records discovered in depositions showed a Plaintiff was not credible in his description of injury.

Plaintiff, a 42 year old welder, alleged that he had injured his lower back picking up a 40 pound helicopter part. Prior to his alleged injury, Plaintiff had previously intermittently sought treatment with a chiropractor, who testified that Plaintiff’s post-injury condition was “different”.  Defendants pursued Plaintiff’s PCP records and deposed his primary care physician. During the deposition, the physician provided additional “chart” materials not previously received by the parties which included a health history form, privacy form and payment policy form, all of which were dated, by Plaintiff, one week before Plaintiff’s alleged injury and which noted his chief complaint to be back pain. Plaintiff’s testimony regarding his alleged injury was deemed to be not credible and his claim was denied.

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