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ESPN: Doctor Overseeing Justin Herbert is Being Sued by Tyrod Taylor for Malpractice

Tyler Conway@@jtylerconwayFeatured Columnist IVSeptember 18, 2022

Rich Graessle/Icon Sportswire via Getty Images

Quarterback Tyrod Taylor filed a malpractice lawsuit against Los Angeles Chargers team doctor David S. Gazzaniga after suffering a punctured lung in Gazzaniga's care during the 2020 season.

ESPN's Chris Mortensen and Adam Schefter reported Taylor filed the suit and is seeking at least $5 million for lost wages.

"As he returned to free agency, he entered as a backup quarterback as opposed to a starting quarterback. The economic difference between a starting quarterback's salary and a backup quarterback salary is at least $5,000,000 and is more than likely much greater," the lawsuit reads. "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 suffered a punctured lung in September 2020 when he was being administered a pain-killing injection to his ribs. The injury ultimately cost Taylor his starting job with the Chargers, with then-rookie Justin Herbert taking over as the starter.

Gazzaniga remains the Chargers' lead doctor and will be in charge of the care given to Herbert as he deals with fractured rib cartilage suffered in Thursday's loss to the Kansas City Chiefs.

Chargers head coach Brandon Staley said Herbert is being listed as day-to-day. A determination about his status for next week's game against the Jacksonville Jaguars is unlikely to be determined until late next week.

"It's just going to come down to comfort," Staley told reporters. "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 in the week."

If Herbert does suit up in Week 3, it's possible—if not likely—he undergoes the same type of pain-managing injection Taylor underwent two years prior.

Taylor left the Chargers organization after the 2020 season and signed a one-year, $5.3 million contract with the Houston Texans. While Taylor never would have been paid like an upper-echelon quarterback, he could have made well into eight figures in guarantees if he performed well as a stopgap starter before ceding to Herbert.

Taylor did not file a grievance against the Chargers in the initial aftermath of the matter.

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