RICHMOND, Va. -- A wrongful death lawsuit filed by the mother of a former Cumberland Hospital patient has been settled. While Marisol Rodriguez was initially seeking $25 million, a Richmond Circuit Court judge signed off on resolving the matter for $722,500.
The lawsuit focused on the death of Marisol's 11-year-old son Jefry Rodriguez.
Jefry died on September 17, 2019, hours after collapsing and being rushed from Cumberland in New Kent County to VCU Medical Center in Richmond.
The child's cause of death was ruled as head trauma.
Jefry was diagnosed with severe autism disorder and was known to hurt himself because of his condition.
His mother's lawsuit alleged her son died because the hospital “failed to respond to medical warning signals, failed to carry out the proper medical procedures, and was otherwise negligent.”
The suit also claimed that the hospital and its then medical director Dr. Daniel Davidow misrepresented themselves, and Jefry should have never been admitted to Cumberland.
The defendants make no admission of fault in the settlement and there was no finding of liability.
After attorney fees and other costs and expenses, Jefry’s family will receive a little more than $247,000.
The hospital and Davidow face several other lawsuits filed by former Cumberland patients.
Meanwhile, Davidow has been criminally indicted in New Kent County, charged with sex crimes against two former female patients. That case heads to trial on April 22, 2024.
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