I've got two blown disks in my back and a tweaked shoulder. The disks in my back were misdiagnosed for close to 10 years. If you've been active your whole life, you start to accumulate broken bits. I'm 45, and I recall my late thirties well. You need to start being a bit more careful, stay flexible, keep your core strength up....and buy a 5 gallon bucket of ibuprofen from Costco.
I don't think suing it worth your time. Move on.