Tyrod Taylor sues Los Angeles Chargers workforce physician for medical malpractice, seeks no less than $5 million after 2020 punctured lung

The Los Angeles Chargers physician who’s caring for Justin Herbert‘s fractured rib cartilage is being sued for medical malpractice by former Chargers quarterback Tyrod Taylor, who’s searching for no less than $5 million after struggling a punctured lung whereas being handled for a rib harm in 2020, in response to copies of the unique lawsuit and subsequent filings associated to the case obtained by ESPN.

Taylor, who now performs for the New York Giants, is suing Chargers workforce physician David S. Gazzaniga and the Newport Orthopedic Institute that he runs, in response to the lawsuit.

The trial initially was scheduled for November, however each side agreed to maneuver it to April due to the present NFL season. The problem has been percolating because the lawsuit was filed in Los Angeles County Superior Court docket in Might 2021 for an harm that occurred nearly precisely two years in the past Sunday.

Moments earlier than the Chargers’ recreation on Sept. 20, 2020, in opposition to the Kansas City Chiefs — the identical workforce in opposition to which Herbert suffered his rib injury Thursday night time — Taylor suffered a punctured lung when Gazzaniga tried to manage a pain-killing injection to his fractured ribs.

Taylor, 33, alleges within the lawsuit that he suffered “extreme bodily ache leading to hospitalization, bodily remedy, emotional misery and different previous ache and struggling.”

Taylor’s attorneys additionally contend that Gazzaniga’s “negligence, carelessness and different tortious, illegal and improper acts … triggered (Taylor) to lose place because the beginning quarterback for the Los Angeles Chargers for the 2020 season,” simply earlier than he was scheduled to change into a free agent.

“As he returned to free company,” the lawsuit contends, “he entered as a back-up quarterback versus a beginning quarterback. The financial distinction between a beginning quarterback’s wage and a back-up quarterback wage is no less than $5,000,000 and is greater than probably a lot larger. The precise quantity of such previous and future loss is unknown to (Taylor) presently, and he’ll ask depart of this Court docket for permission to amend this Grievance to set forth the full quantity when ascertained.”

Taylor signed a two-year deal worth up to $17 million, together with $8.5 assured, with the Giants this previous March. He was energetic for final week’s season opener in opposition to the Titans because the backup to Daniel Jones.

Taylor’s attorneys additionally accuse Gazzaniga of “medical battery” within the lawsuit, as a result of the quarterback “didn’t have correct and correct knowledgeable consent previous to the anesthetic injections” and thus “constituted a medical battery.”

Gazzaniga has remained part of the Chargers’ coaching workers and was a part of the workforce that handled Herbert on Thursday night time after the third-year quarterback suffered a debilitating fracture to his rib cartilage and struggled to complete the sport.

The NFL Gamers Affiliation and Herbert’s representatives at the moment are anticipated to carefully monitor how the Chargers deal with their beginning quarterback as he offers with the harm.

Chargers head coach Brandon Staley already has stated Herbert can be “everyday,” and the workforce is not going to decide whether or not he’ll follow subsequent week till Wednesday. The Chargers play the Jaguars subsequent Sunday.

Taylor didn’t play for the rest of the 2020 season after the rib harm and the following punctured lung, as Herbert began Los Angeles’ remaining 15 video games and went on to set the NFL rookie record for landing passes.

After the 2020 season, Taylor joined the Texans on a one-year deal value as much as $12.5 million and started the season as Houston’s beginning quarterback, however he suffered a hamstring harm in Week 2 and missed six video games. Taylor returned from injured reserve to begin 4 extra video games earlier than the Texans turned to then-rookie Davis Mills as their beginning quarterback for the rest of the season in early December.