Donna Lee Folwell files $1m claim against Mackay chiropractor Dr Jenny Mayer

A woman alleges she has been permanently impaired and suffers ongoing issues after two sessions with a Mackay chiropractor. She is suing for almost $1m in a professional negligence claim.

A disability support worker is suing a North Mackay chiropractor over alleged “assault and battery” during clinical sessions in a professional negligence case totalling almost $1 million.

Donna Lee Folwell claims she has been permanently impaired and suffers ongoing issues including reduced blood flow to her brain, decreased mental function and a psychological disorder after two sessions with Dr Jennifer Mayer.

In supreme court documents, the 53 year old alleges Dr Mayer breached her duty by failing to give appropriate chiropractic care, embarking on treatment without necessary investigations and showing a “reckless disregard” to her patient.

Ms Folwell went to Dr Mayer at Discovery Chiropractic Mackay for a session in early October 2015 in relation to left hip pain, which was reported as her reason for attending the practice.

She alleges during the session Dr Mayer told her to lie on her side and pushed on her left hip before requesting she stand in front of a mirror “and advised her that she had a lordotic curve”.

Ms Folwell alleges Dr Mayer then used an instrument that jolted her spine before manipulating her neck by “quickly jerking it to one side” resulting in a clicking sound, following which she “immediately felt pain”.

The documents, filed in the supreme court, state Ms Folwell was referred for an X-ray and returned for another appointment with Dr Mayer about four days later when it is alleged she raised concerns about an ongoing headache“which had appeared and not receded since the neck manipulation”.

It is alleged Dr Mayer dismissed Ms Folwell’s complaints and commented to the effect “the reported pain and symptoms were just toxins leaving the body” before performing another neck manipulation resulting in another cracking sound.

Ms Folwell alleges this caused her headache to worsen “and she experienced pain in her neck” which had not been there before her second appointment.

It is alleged the neck manipulations during the two sessions “constitutes an assault and battery” on Ms Folwell because Dr Mayer did not obtain any “consent or meaningful informed consent” before performing the treatments.

Ms Folwell alleges the advice, treatment or care provided or the manipulation “was performed negligently” resulting in personal injury. She is suing for $984,540.74, which includes $267,571 for future expenses.

The claim states her injuries include a cervical spine injury, ischaemic brain changes, vertebral artery dissection, multiple aneurisms, neurocognitive disorder and a psychological disorder.

She claims she has suffered much pain, discomfort and inconvenience and has been left with a permanent partial impairment of her bodily function and will require extensive future care.

Ms Folwell alleges Dr Mayer failed to warn her on the risks associated with the procedures and performed a treatment that posed a risk or injury when it was not appropriate to do so.

She further alleges Dr Mayer failed to take account of her symptoms or refer her to other allied health professionals after she expressed a complaint about an ongoing headache following the first appointment.

Ms Folwell claims she is now restricted in her role as a disability carer and in her ability to take part in sport and recreation activities.

This publication contacted Dr Mayer for comment and received the response “due to an impending investigation from our legal team, the case has not been heard in court so no comment can be made”.

Dr Mayer has not yet filed a defence in relation to the allegations.