Gaita

FACTS AND PROCEDURAL HISTORY

In August 2007, Gaita was rear-ended on the freeway. After the accident she began suffering back, neck, and shoulder pain and also headaches. She received treatment for these injuries throughout 2007 and 2008, but the pain persisted. In January 2009, a neurosurgeon traced the source of Gaita’s pain to a disc in her neck. The neurosurgeon recommended Gaita undergo spinal epidural injections and neck surgery, but she was reluctant to undergo either treatment. She eventually had an epidural injection, but declined the surgery. In the months following the accident, Gaita reported being depressed because she continued to experience pain and had difficulties performing everyday tasks. In June 2009, Gaita again was driving on the freeway when Alvarado rear-ended her while driving one of the District’s school buses. Although she did not report any significant injuries at the accident scene, Gaita saw her neurosurgeon a couple days later and reported she temporarily blacked out at the accident scene and “freaked out” because she could not recall specifics about the accident. Her neurosurgeon diagnosed Gaita as suffering a loss of consciousness, a concussion,…