Implantation of pain pump led to bowel perforation, death – $1,550,000 Settlement 
By Virginia Lawyers Weekly
Published: April 1, 2013
Tags: Medical Malpractice, Million-Dollar Settlements
Plaintiff’s decedent died on Feb. 1, 2012, days after what should have been a routine medical procedure to implant an intrathecal pain pump, which is a medical device used to deliver pain medications directly to a patient’s spinal fluid. The procedure called for the defendant to tunnel subcutaneously between the pump placed into the patient’s [...]
Headaches persisted after auto accident – $175,000 Verdict
By Virginia Lawyers Weekly
Published: April 1, 2013
Tags: Alleghany County Circuit Court, Judge Malfourd W. "Bo" Trumbo, Personal Injury
Plaintiff, age 52, was traveling northbound on Route 220 in Alleghany County when an oncoming vehicle turned directly in front of her, causing a collision. Plaintiff denied any injury at the scene but was evaluated a week later for neck and back pain and headaches. Diagnostic studies confirmed no evidence of bony injury, and plaintiff [...]
Supervisor liable, but employer is not, on ‘Bowman’ claim – $6,713 Verdict
By Virginia Lawyers Weekly
Published: April 1, 2013
Tags: Employment, Suffolk Circuit Court
William Hanson sued his former employer, 1 Foot 2 Foot and its owner/supervisor, Dr. Matthew C. Dairman, for wrongful discharge. Hanson’s theory of recovery was retaliatory discharge against public policy, first recognized in Bowman v. State Bank of Keysville, 229 Va. 534 (1985). Hanson claimed that Dairman fired him because Hanson would not allow his [...]
Coal ash settlement believed to be first of its kind in Virginia – $200,000 Settlement
By Virginia Lawyers Weekly
Published: April 1, 2013
Tags: Chesapeake Circuit Court, Environmental
Defendant owned a commercial property adjacent to the plaintiff’s business in Chesapeake. As part of the construction of a new motel, the defendant dumped toxic coal ash along both sides of the property line. Here, the defendants spread coal ash up to six feet onto the plaintiff’s property. Coal ash is the by-product of burning [...]
Plaintiff was delivering live animals at time of rear-ender – $225,000 Settlement
By Virginia Lawyers Weekly
Published: April 1, 2013
Tags: Isle of Wight Circuit Court, Personal Injury
Plaintiff, a middle-aged female who raised animals on a farm with her husband, was delivering animals and was stopped when she was rear-ended. Plaintiff’s vehicle was towing a trailer. Defendant denied liability and claimed that another vehicle blocked her as she was trying to change lanes to avoid the collision. Plaintiff did not complaint of [...]
Plaintiff shot by third party on commercial premises – $3,000,000 Settlement
By Virginia Lawyers Weekly
Published: April 1, 2013
Tags: Million-Dollar Settlements, Norfolk Circuit Court, Personal Injury
This commercial premises liability case involved recovery for independent third party criminal acts. The plaintiff suffered gunshot wounds to the abdomen and chest, minor kidney damage and post-traumatic stress disorder. [13-T-048] Type of action: Personal injury – premises liability Injuries alleged: Gunshot wounds to abdomen and chest with surgical repairs, minor kidney damage, PTSD Court: [...]
Patient dies after small bowel perforation went undetected – $1,500,000 Settlement
By Virginia Lawyers Weekly
Published: March 25, 2013
Tags: Medical Malpractice, Million-Dollar Settlements, Wrongful Death
The plaintiffs’ decedent was a 46-year-old mother of five. She underwent a laparoscopic supracervical hysterectomy (“LSH”), a procedure where the uterus is removed but the cervix is preserved, in October 2009. During the procedure, defendant gynecological surgeon caused a 5 mm perforation in the decedent’s small bowel, which went undetected. While recovering in the post-anesthesia [...]
Goiter misdiagnosed as COPD – Defense Verdict
By Virginia Lawyers Weekly
Published: March 25, 2013
Tags: Judge Louis Allen Sherman, Medical Malpractice, Million-Dollar Defense Verdicts, Norfolk Circuit Court
Plaintiff alleges that the defendant, a family practice physician, failed to properly and timely diagnose a goiter, and failed to timely refer him to a surgeon. He also alleges that the defendant misdiagnosed him with COPD and incorrectly treated him for COPD for several years. At trial, the defendant called a standard of care expert [...]
Untreated blood infection led to quadriplegia – $2,500,000 Verdict
By Virginia Lawyers Weekly
Published: March 25, 2013
Tags: Judge Karen J. Burrell, Medical Malpractice, Million-Dollar Verdicts, Norfolk Circuit Court
The decedent, age 52, was admitted to the hospital with a normal white blood cell count, which started rising and went untreated with antibiotics. Defendant explored the GI etiology but not the infectious process, which required a simple blood culture and/or broad coverage antibiotics. However, he admitted that MRSA, which was epidemic, must be presumed [...]
Treatment of colon impaction led to perforation, plaintiff claims – Defense Verdict
By Virginia Lawyers Weekly
Published: March 18, 2013
Tags: Judge Dennis Lee Hupp, Medical Malpractice, Million-Dollar Defense Verdicts, Shenandoah County Circuit Court
Plaintiff, a female in her mid-fifties with a family history of cancer, was referred for colon cancer screening/ colonoscopy in July 2003. The procedure was terminated for fear of perforation. Barium enema was then recommended and performed the following day with noted findings of sigmoid diverticulosis and retained stool. Plaintiff presented to the emergency department [...]
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