Virginia Lawyers Weekly VA Lawyers Weekly
Type of action: Auto accident
Injuries alleged: Right C4-7 anterior cervical discectomy and fusion
Name of case: Cifuentes v. Rodriguez
Court: Hampton Circuit Court
Case no.: CL18-2785
Tried before: Jury
Name of judge or mediator: Judge Michael A. Gaten
Date resolved: 6/29/2022
Special damages: $93,283.53
Demand: $300,000
Offer: $12,723
Verdict or settlement: Verdict
Amount: $400,000
Attorney for plaintiff (and city): Elizabeth K. Ufkes, Virginia Beach
Ufkes
Description of case: Plaintiff was involved in a rear-end motor vehicle collision on March 11, 2017, in Hampton with significant property damage. Plaintiff treated three days post-accident with Portsmouth Naval Medical Center and an MRI revealed degenerative changes in his cervical spine. Plaintiff completed four months of physical therapy with The Therapy Network and acupuncture through Portsmouth Naval Medical Center. Following an 18-month gap in treatment, plaintiff underwent a right C4-7 anterior cervical discectomy and fusion in October 2019 with Dr. James J. Brennan. Dr. Brennan testified that the trauma from the accident aggravated the pre-existing degenerative changes in plaintiff’s cervical spine and that the surgery was related. Defense expert Adrian T. Baddar, MD conducted a Rule 4:10 exam and testified that the plaintiff suffered a strain injury to his neck in this accident and that plaintiff’s accident-related symptoms resolved by the conclusion of physical therapy. The jury returned a verdict in favor of the plaintiff and awarded $400,000.
Elizabeth K. Ufkes, plaintiff’s counsel, provided case information. [022-T-114]
