Medico Legal Experience

Regino De La Cruz, Esq.- Personal Injury Attorney - "My Client Sustained Significant Neck and Back Injuries-There Was No Spine Surgery-Treatment Consisted of Medication,Chiropractic and Acupuncture-After Dr. Marsh Testified for My Client-Jury Awarded My Client 1.5 Million Dollars.

My client was involved in an accident through no fault of her own for which the defense attorney of the driver who caused the accident claimed it was nothing more than a low-speed collision. Nevertheless, my client had sustained significant injuries to her neck and back with disc damage and nerve root damage. The defense attorney’s doctor stated that my client only had age related, degenerative joint disease in the spine and implied my client was a fraud and exaggerator.

My client was treated by Dr. Marsh who referred her within his office for chiropractic and acupuncture treatments. She also had one epidural injection. The doctor for defense attorney tried to make it appear that if my client had truly sustained a significant injury, she would have had spine surgery.

I called my clients treating physician, Dr. Anthony, Marsh to testify in the matter. Dr. Marsh presented clear and understandable medical evidence to the jurors, noting that the severity of my client’s injuries had nothing to do with whether she had spine surgery or not. Furthermore, my client understood that spine surgery was no guarantee and that at times spine surgery can fail and an individual may even feel worse after the surgery than they did from the accident.

Dr. Marsh demonstrated that the medical evidence is clear that the severity of an individual’s injuries is not based on spine surgery, but on clear objective medical evidence which Dr. Marsh presented to the jurors. Thus Dr. Marsh refuted the unsubstantiated claims of the defense attorney, and the defense attorney’s doctor. Dr. Marsh was further able to show that even in a low speed impact significant damaging forces can be imparted to the neck and back causing injuries at multiple levels of the spine.

After Dr. Marsh testified, the jury awarded fair compensation to my client in the amount of 1 1/2 million dollars."


APPEALS THAT RESULT IN OVERTURNING INSURANCE COMPANY PRE-CERTIFICATION DENIALS- KEITH ROBERTS ESQ., A NEW JERSEY LEADING HEALTH CARE AND PI ATTORNEY

“In all my years involved in Health Care Law, I can say that Dr. Anthony Marsh is one of the best in preparing medical appeals that result in overturning insurance company pre-certification denials for medically necessary treatment and testing.”


LEGAL PRECEDENT-DR. MARSH’S CASE MANAGEMENT- JOHN MOLINARI, ESQ. SUPER LAWYER AND PARTNER BLUME FORTE FRIED ZERRES & MOLINARI

“Over the years Dr. Anthony Marsh has more than proven his ability to provide for the objective standard under the Lawsuit Threshold. If the truth be known, he in part helped to establish it! Confer Arencibia v. Rosas, Cano v. Roa and Acosta v. Marrow.”


PARADIGM PHYSICIAN- GERALD H. BAKER, ESQ. NEW JERSEY INSTITUTE OF CONTINUING LEGAL EDUCATION, ALFRED C. CLAPP LAUREATE AND MANY OTHER HONORS AND AWARDS

“A doctor's legal knowledge is essential. The legal rights of a person injured in an automobile accident are inextricably entwined with the ability of the patient's doctor to understand both medicine and the law. Over the years, Dr. Anthony W. Marsh has proven himself to be a most worthy example of this desired practitioner. In this regard, the monograph entitled "Lawsuit Threshold" that was produced by Dr. Marsh in 1993 has proven to be prophetic of the doctor's role in automobile cases. Dr. Marsh has advanced the level of forensic medicine by merging both medical impairment and disability (as directed by the New JerseySupreme Court in Oswin). He himself has been cited as the treating physician in several N.J. Appellate verbal threshold cases with most favorable outcomes. In Oswin, the Court stated that a person injured in an automobile accident must submit objective, credible medical evidence of permanent injury and disability. “


VERDICT: $450,000. DEFENSE CARRIER: ALLSTATE INSURANCE COMPANY-: “LOW SPEED IMPACT”  AND “PRE-EXISTING DEGENERATIVE DISC” DEFENSE CHALLENGE, SUPERIOR COURT MIDDLESEX COUNTY, NEW JERSEY- DENNIS DRISCOLL, ESQ.

“In the matter of Pena v. Pena with Allstate Insurance Company as the defendant’s carrier, Dr. Marsh provided scientifically sound demonstrative and illustrative evidence. His ability to make this information clear and understandable to the jurors was accomplished in such a manner that the late Superior Court Judge, the Honorable George Nicola had noted he had never witnessed such lucid testimony as provided byDr. Marsh in all his years on the bench. Dr. Marsh was even able to scientifically counter an experienced and regarded defense orthopedic surgeon expert witness who was admitted as an orthopedic surgery professor from Robert Wood Johnson Medical School.It was impressive. The defense argued it was a “Low Speed Impact” case with nothing more than a degenerative disc bulge. Dr. Marsh‘s countered that the “low speed impact” nevertheless imparted a significant G force capable of producing post-traumatic disc bulge with nerve damage. Jury Verdict: $ 450,000. The verdict was upheld against an appeal from Allstate Insurance Company.


SETTLEMENT: $500,000+. POST DR. MARSH DEPOSITION. DEFENSE CARRIER:  NJ MANUFACTURER’S INSURANCE- MICHAEL A. PRIARONE, ESQ.

“Among Dr. Marsh’s many credentials, he is Board Certified in the field of Occupational Health or Ergonomics. This includes the area of injuries sustained through manual material handling, department of transportation issues (motor vehicle) and so forth. In one substantial case, where my client had fallen while using an inadequate fall protection system, the defense challenges concerned the mechanism of injury. We had an engineering expert in the case. Nevertheless the pivotal issue concerned the biomechanical mechanism of injury. Dr. Marsh was deposed at length on that issue, was credible and persuasive; the case settled shortly thereafter. His presentation included original experimentation as part of his testimony. As a result of his clinical acumen, we succeeded in this most difficult matter handsomely.”


DR. ARTHUR CROFT, NOTED RESEARCHER and DIRECTOR of the SPINE RESEARCH INSTITUTE of SAN DIEGO  and AUTHOR-“WHIPLASH-INJURIES-CERVICAL-ACCELERATION-DECELERATION” LIPPINCOTT WILLIAMS & WILKINS ON DR. MARSH’S MONOGRAPH “LAWSUIT THRESHOLD”

“Dr. Marsh’s overview (diagnosis and treatment of automobile injuries) will provide...a nuts and bolts groundwork that with diligence and further inquiry will permit (one) to better serve those victims of this epidemic (motor vehicle acceleration-deceleration trauma)”