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Industrial worker suffered TBI, blindness due to machine failure – $14,000,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: June 17, 2013
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On Jan. 20, 2009, the plaintiff was operating a high-speed CNC vertical machine for his employer when the tool that he had inserted into the machine catastrophically failed, was ejected out of the machine and struck the plaintiff in his face, causing devastating injuries including blindness and traumatic brain injury. At the time of the [...]

Diabetic lost arm and leg after infection went undiagnosed – $6,700,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: June 17, 2013
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Plaintiff, a diabetic, was hit by a car while a pedestrian. He suffered a tibial plateau and wrist fracture, which resulted in an open reduction and internal fixation.T He was discharged within a week of the first admission, on Nov. 18, 2007. He had an initial follow-up on Nov. 21 and a second follow-up on [...]

Woman killed in Oklahoma tractor-trailer accident – $800,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: June 17, 2013
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On March 8, 2010, decedent was driving a 1990 Ford pick-up truck on County Road 3600 just east of Ada, Okla. She was making a right turn on State Highway 1 when an approaching 18-wheel tractor-trailer crashed into her vehicle. The pick-up was pushed down the road about 660 feet and decedent had to be [...]

Property manager sued using rare ‘land trust’ law – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: June 10, 2013
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After an eight-day trial, an Alexandria jury awarded a defense verdict in a case involving a rare legal instrument known as a “land trust.” The essence of a land trust is that title to the property is held by a designated trustee, but actual control is left in the hands of beneficiaries who are not [...]

Female lifeguard prevails in federal retaliation suit – $17,500 Verdict (access required)

By Virginia Lawyers Weekly
Published: June 10, 2013
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Plaintiff, a 25-year-old female, had been a supervisor with the Virginia Beach Lifesaving Service since 2005. She sued for gender discrimination due to lack of promotion, and then for retaliation after being fired within weeks of the VBLS learning she filed such a charge with the EEOC. The court ruled against plaintiff on Rule 50 [...]

Loss of oxygen during orthopedic surgery led to brain injury, death – Confidential Settlement (access required)

By Virginia Lawyers Weekly
Published: June 10, 2013
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A 58-year-old male with a medical history of cervical fusion and rheumatoid arthritis suffered a dislocation of a left hip prosthesis after a fall. After presenting to the emergency room, he was evaluated prior to the orthopedic surgery required to re-socket the prosthetic hip. During surgery, several attempts at securing the airway were made, but [...]

Ureter damaged during hysterectomy – $300,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: June 10, 2013
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Plaintiff, age 39, went to see the defendant gynecologist with complaints of abdominal pain and distention. A CT scan confirmed a large fibroid uterus and a total abdominal hysterectomy was planned. The procedure was performed without apparent complication and the plaintiff was discharged home on post-op day four. Plaintiff returned to the defendant’s office approximately [...]

Plaintiff claimed distress after taking blood pressure medicine – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: June 3, 2013
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Plaintiff alleged that Medical Associates of Southwest Virginia though its agent physician breached the standard of care when an angiotensin-converting-enzyme inhibitor (ACE inhibitor) was prescribed to treat her high blood pressure in February 2010. The plaintiff claimed that Ramipril, the ACE inhibitor at issue, caused her to experience severe respiratory distress in April 2010 leading [...]

Mandatory attorney’s fees awarded in precedent-setting VFATA case – $243,684 Verdict (access required)

By Virginia Lawyers Weekly
Published: June 3, 2013
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On March 8, 2013, a jury ruled in favor of an architect fired by the City of Alexandria, in the first case tried under the Virginia Fraud Against Taxpayers Act’s anti-retaliation provisions, Va. Code 8.01-216.8 et seq. Plaintiff’s petition for an award of attorney’s fees and costs was granted. The total judgment entered was $243,684.62, [...]

Tractor-trailer pulled into path of oncoming motorcycle – $500,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: June 3, 2013
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Plaintiff was a 30-year-old Brunswick County deputy sheriff who was returning from a visit at his grandmother’s house to his residence on April 2, 2009, when he collided with a tractor-trailer. Plaintiff was driving a 2004 Kawasaki motorcycle. The motorcycle was continually referred to throughout the trial by the defense as a “crotch rocket,” but [...]

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