“Negligence, Carelessness … Other Tortious, Unlawful … Acts Caused Taylor” To Lose Starting Job | Former Chargers QB Suing Team Doctor, Claiming Medical Malpractice. Justin Herbert Beware.

The Los Angeles Chargers are now being led by rising star quarterback Justin Herbert. The former Oregon Ducks star was taken with the sixth overall pick in the 2020 NFL draft. At the time of Herbert being drafted the team was being led by NFL journeyman Tyrod Taylor.

Taylor was signed by the franchise in 2019 to be longtime starter Philip Rivers’ backup. When the team and Rivers decided to part ways prior to the 2020 season, the Chargers made Taylor the team’s starting quarterback. Even after drafting Herbert, Taylor was still the unquestioned starter — or at least that’s what they said.

Taylor started the 2020 season opener against the Chargers, but in the game he suffered a fracture to his ribs. Hoping to play Week 2 against division rival Kansas City, just before the game team doctor David Gazzaniga administering a painkilling injection to Taylor when Gazzaniga punctured Taylor’s lung. That mishap allowed Herbert to become the starter, and Taylor was never heard from again with the Chargers.

Now Taylor is suing Gazzinaga and Newport Orthopedic Institute for medical malpractice.

According to ESPN, the lawsuit states the following.

“Gazzinaga’s negligence, carelessness, and other tortious, unlawful and wrong acts … caused Taylor to lose his position at the starting quarterback for the Los Angeles Chargers for the 2020 season.”

The lawsuit continues:

“As he returned to free agency, he entered as a backup as opposed to a starting quarterback. The economic difference between a starting quarterback’s salary and a back-up quarterback salary is at least 5,000,000 and is more than likely greater. The exact amount of such past and future loss is unknown to Taylor at this time, and he will ask leave of this Court for permission to amend this Complaint to set forth the total amount when ascertained.”

Taylor, who has since played for the Texans in 2021 and now with the Giants in 2022 is seeking $5 million in the suit.

Gazzaniga Is Now Treating Herbert For Similar Injury

In Thursday’s 27-24 loss to the Chiefs, Herbert suffered fractured rib cartilage. The injury has the talented signal-caller day-to-day, but also inquiring minds want to know if he will give the franchise quarterback the same painkilling injection he gave Taylor. 

Head coach Brandon Staley told reporters that Herbert’s ability to play will depend on his pain threshold.

“It’s going to come down to comfort. It’s such a rotational position, just going to have to make sure that he’s comfortable, and we’re not going to know more about how he feels until later on this week.

Meaning Herbert could receive an injection if he feels he needs it to play.

Chargers Have Super Bowl Aspirations

This past offseason the Chargers added some talent via free agency that the franchise feels could propel them to their first-ever Lombardi Trophy. In adding former DPOY Khalil Mack and cornerback JC Jackson, the Chargers felt they secured the necessary pieces. Those additions, plus having Herbert in control of a very talented offense seemed like a recipe for a deep playoff run.

And while it’s early in the season and plenty of time to get things back in order, none of that even remotely matters without a healthy Justin Herbert. Hopefully there won’t be any malpractice with this quarterback. 

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