‘Actual harm’ not the standard for mom’s move 
By Deborah Elkins
Published: December 2, 2011
Tags: Domestic Relations, Frederick County Circuit Court, Judge John R. Prosser, Judge Sam W. Coleman III, Virginia Court of Appeals News
A mother gets another chance to prove her move to Pennsylvania was good for her seven-year-old son, after the Virginia Court of Appeals reversed a custody change to the father. The trial court applied the wrong legal standard when it used the “actual harm” test instead of the “best interests of the child” test to [...]
Surgery for thyroid cancer results in paralyzed vocal cords – Defense Verdict
By Virginia Lawyers Weekly
Published: October 25, 2010
Tags: Judge John R. Prosser, Medical Malpractice, Million-Dollar Defense Verdicts, Winchester Circuit Court
On March 16, 2006, plaintiff underwent a total thyroidectomy and neck dissection to remove metastatic thyroid cancer that fully involved the thyroid gland and many lymph nodes in her neck. Defendant, an otolaryngologist and head and neck surgeon, performed the surgery and followed the plaintiff’s post-surgical course. At some point following the surgery, plaintiff developed [...]
Patient with staph infection dies from epidural abscess – Defense Verdict
By Virginia Lawyers Weekly
Published: August 16, 2010
Tags: Judge John R. Prosser, Medical Malpractice, Million-Dollar Defense Verdicts, Winchester Circuit Court, Wrongful Death
On Oct. 17, 2006, plaintiff’s decedent, a 78-year-old, was admitted to the hospital and developed a Methicillin-resistant staphylococcus aureus (MRSA) infection while hospitalized. Despite antibiotics, the patient continued to have positive cultures for MRSA and was transferred to Winchester Medical Center on Oct. 26. Admitting physicians at Winchester ordered a transesophageal echocardiogram (TEE) to rule [...]
Woman suffers rectal injuries during surgery in Winchester – $3,000,000 Verdict
By Virginia Lawyers Weekly
Published: June 7, 2010
Tags: Judge John R. Prosser, Medical Malpractice, Million-Dollar Verdicts, Winchester Circuit Court
Defendant doctor performed a laparoscopically assisted vaginal hysterectomy (“LAVH”) on the plaintiff, then 39 years old, in 2007. Plaintiff had suffered from menorrhagia, or heavy menstrual cycles. At the time of the surgery the plaintiff was earning approximately $45,000 per year as a technical assistant at an aviation company operating at Dulles International Airport. Following [...]
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