On November 4, 2004, then 44 year old Charles Malmberg underwent an anterior cervical discectomy and fusion surgery to remove a degenerative disc and osteophytes at the Syracuse Veterans Administration Medical Center.

After the surgery, X-rays and an MRI showed he suffered from spinal cord impingement at several points, with excessive edema in the spinal

On September 1, 2010, while at work as a physical therapy assistant, Arlene Daniele, then 59-years-old, felt a twinge in the area of her lower back. The next day, she felt pain when attempting to walk. She went that day to see a pain management physician and was diagnosed with lumbar enthesopathy (inflammation) and myalgia

On May 20, 2008, Alexander Nayberg was stopped at a red light in Garden City when two other cars collided in the intersection and one of them struck Mr. Nayberg’s car in the rear.

In the ensuing litigation, a Nassau County jury found that the two colliding drivers were each 50% at fault for