Negligent lack of consent alleged in rectal surgery - Defense Verdict 
Published: August 4, 2008
Plaintiff was 43 years old when she went to the defendant gynecologist for the first time for an annual gynecological exam in October 2000. She had a history of multiple pelvic surgeries, including left ovary removal, hysterectomy, right ovary removal and lysis of adhesions. She also reported two vaginal deliveries in the early 1980s. At [...]
Series of accidents complicates shoulder injury claim - $51,021 Verdict
Published: August 4, 2008
Plaintiff, Malisa Breeden, is a deputy sheriff with the Spotsylvania County Sheriff’s Department. On July 28, 2003, she was transporting an arrestee when the defendant rear-ended her marked police cruiser. Breeden felt immediate pain but had to “work the accident” until a back-up officer arrived. She was taken by ambulance to the Mary Washington Hospital [...]
Presence of embolism disputed in paralysis, nerve damage - Defense Verdict
Published: August 4, 2008
The plaintiff, a 66-year-old male, underwent a coronary artery bypass grafting procedure. After what appeared to be a normal procedure, plaintiff developed severe hypoxia and was transferred to ICU and placed on a ventilator. He required up to 100 percent oxygen, almost five times the normal amount.
The pulmonary and critical care group was [...]
Electrician severely burned in flash at switchboard - $4,750,000 Settlement
Published: August 4, 2008
The plaintiff was an electrician working on the installation of electrical switching equipment as part of the construction of the Middle River Regional Jail in Augusta County. The plaintiff inadvertently triggered an electric arc flash which ignited his clothes in January 2005. The plaintiff suffered severe burns to his upper body.
The defendant had performed an [...]
Child suffers brain injury from bacterial infection - $2,000,000 Verdict
Published: August 4, 2008
A 3 1/2-year-old child was brought to his pediatrician’s office in August of 2002 with a 103-degree fever and a history of nausea, vomiting and fever for the past two days. The first pediatrician’s exam noted the child was lethargic, pale and had infected tonsils. A complete blood count was drawn, with a white [...]
Train in vain
Published: August 4, 2008
Here’s a nightmare that would haunt any lawyer. But for a West Coast law firm, it was a scenario that was all too real. A courier, entrusted with a document that had to get there in time, fell asleep on a train, misplaced the document, went into a panic and failed to tell the firm [...]
Med-mal cap fight on horizon for 2009
Published: August 4, 2008
Familiar battle lines between plaintiffs’ lawyers and doctors will be forming soon over a possible increase in Virginia’s $2 million cap on damages in medical malpractice cases.
The arena has been quiet for nine years as the malpractice cap advanced in steps from $1.5 million. As part of the legislative deal that resulted in stairstep [...]
Judge sets aside $310K verdict
Published: August 4, 2008
A Prince William County judge has set aside a $310,000 jury award for a couple who won a finding of constructive fraud by the contractor who installed a barrier exterior insulation and finish system (EIFS) on their home.
The action by Judge William D. Hamblen occurred after the deadline for an article on the case in [...]
Shannon running for Democrats’ AG nod
Published: August 4, 2008
A five-year veteran of the Virginia House of Delegates with experience as a prosecutor is campaigning for the 2009 Democratic nomination for Virginia attorney general, bringing to four the number of contenders for the position.
Del. Steve Shannon, D-Fairfax, is the only candidate who has surfaced as a possible Democratic contender in the race where three [...]
Proposals to harmonize rules floated by panel
Published: August 4, 2008
Differences in the rules of the Supreme Court of Virginia and the Virginia Court of Appeals have tripped up many otherwise competent attorneys.
One difference has been especially troubling. The court of appeals rules require that a petition for appeal contain “questions presented” but say nothing about “assignments of error.” Supreme Court rules say nothing about [...]
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