Plaintiff sustained back injury in accident, requiring surgery — $250,000 verdict

Type of action: Personal injury

Injuries alleged: Displaced and herniated lumbar disc, requiring surgery

Name of case: Godoy Chavarria v. Mitter

Court: Fairfax County Circuit Court

Case no.: CL2020-0012161

Tried before: Jury

Name of judge or mediator: Judge John M. Tran

Date resolved: 5/26/2022

Special damages: $269,000 in medical bills

Demand: $100,000

Offer: $30,000

Verdict or settlement: Verdict

Amount: $250,000

Attorney for plaintiff (and city): Jennifer Leffler, Fairfax

Description of case: The plaintiff was rear-ended while stopped at a red light on Route 7 in Fairfax County in September 2018. There was very minor damage to both vehicles. EMS was called to the scene and the plaintiff was transported to the emergency room for high blood pressure and neck pain. A week after the accident, the plaintiff sought treatment from a chiropractor for generalized back pain, including mild to moderate pain in her neck and lower back. After seven weeks of chiropractic treatment, the plaintiff stopped seeing the chiropractor because she felt it was no longer helping her lower back pain. Two months after the accident, the plaintiff was admitted to the hospital for intractable lower back pain. An MRI revealed a displaced lumber disc with nerve impingement. The plaintiff received extensive treatment over the next year and a half, including physical therapy, injections and medication. In June 2020, the plaintiff underwent a transforaminal lumbar interbody fusion and lumbar laminectomy.

The plaintiff is a housekeeper with no history of lumbar issues. However, the defense expert opined that she had pre-existing degenerative disc disease. The defense admitted liability and that the plaintiff’s initial ER treatment and chiropractic treatment was reasonable, but they argued that the treatment for accident-related injuries had concluded before her hospital admission in November 2018.

The only exhibits the plaintiff offered into evidence were her expert’s CV and the medical bills.

Jennifer Leffler, plaintiff’s counsel, provided case information. [022-T-084]