Type of action: Personal injury – automobile accident
Injuries alleged: Cervical myofascial pain
Name of case: Bogdan v. Fitchett & Virginia Beach Electric Service Inc.
Court: Norfolk Circuit Court
Case no.: CL09-782
Special damages: Medicals – $28,641; lost wages $998
Verdict or settlement: Settlement
Attorney for plaintiff: George T. Albiston, Norfolk
Attorney for defendant: Alden Eldredge
Plaintiff’s experts: David Levi MD, Steven Gershon MD
Plaintiff was injured in an intersection accident when the defendant failed to yield the right of way. The plaintiff’s vehicle struck the side of the defendant’s vehicle and caused moderate damage.
Plaintiff was initially seen at an urgent care center and then referred for physical therapy by her family doctor. She completed physical therapy within two months of the accident and did not see another doctor for six months.
Defendants contended that any treatment after that gap in care was not causally related to the accident. Plaintiff argued that an attempted return to her usual activities resulted in a recurrence of symptoms, which her treating doctors agreed with. Plaintiff’s medical expenses incurred after her gap in care were approximately $21,000. Plaintiff eventually recovered with the help of Botox injections in her cervical spine from her physiatrist, Dr. Steven Gershon.