Taylor is suing a Chargers doctor, seeking $5 million
With Justin Herbert dealing with fractured rib cartilage, the quarterback he replaced is suing one of the Chargers’ team doctors for medical malpractice over treatment of a similar injury.
Tyrod Taylor was ruled out of the Chargers’ Week 2 game in 2020 minutes before kickoff after an injection meant to help him manage pain for two fractured ribs resulted in a punctured lung.
Herbert, then a rookie, filled in against Kansas City that Sunday at SoFi Stadium and has remained the Chargers’ starter since.
Taylor is suing David Gazzaniga, who remains one of the Chargers’ four team doctors, for at least $5 million, which the suit says is what Taylor lost in salary when he entered free agency as a backup rather than a starter because of the injury. Taylor now plays for the New York Giants.
A trial had been scheduled for mid-November before being moved to June 2023. Taylor originally filed suit in Los Angeles County Superior Court in May 2021.
The legal action comes as Herbert’s injury has dominated the Chargers’ news.
He was hurt with about five minutes to go Thursday against the Chiefs after being hit by defensive end Mike Danna. After the play, Gazzaniga was one of the team’s medical personnel assisting Herbert, who missed only one snap before returning.
On Friday, coach Brandon Staley announced that tests revealed the fractured cartilage. He termed Herbert’s status “day to day.”
Along with avoiding further damage to his ribs, pain management will be a primary factor in determining Herbert’s availability over at least the next few weeks.
Injections like the one that injured Taylor are a common method used to help athletes deal with pain.
The lawsuit states he was initially injured in the Chargers’ 2020 opener. In that game, Taylor played all 74 of their offensive snaps.
The NFL Players Assn. investigated the situation but took no action.