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Tag Archives: Judge Samuel G. Wilson

Stiffer spinal brace would have prevented surgery, plaintiff claimed – Defense Verdict (access required)

On Nov. 29, 2005, the plaintiff was involved in a single car accident, after which she was brought to the emergency department at Smyth County Community Hospital. Imaging studies showed a mild compression fracture of T-12. The patient was admitted ...

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VA Docs Are ‘Independent Contractors’ (access required)

A plaintiff who alleges he suffered permanent nerve damage, pain and scarring on his neck where defendant doctors negligently performed arthroscopic shoulder surgery cannot sue the U.S. under the Federal Tort Claims Act because defendant physician was an independent contractor ...

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Defendant Gets Costs, But No Lawyer Fees (access required)

After awarding summary judgment to defendant in plaintiff’s suit for federal trade dress infringement and unfair competition under the Lanham Act, a Roanoke U.S. District Court accepts a magistrate judge’s recommendation and awards defendant cost of $14,551.79, but denies an ...

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Contract Doctors Not Government Employees (access required)

Two physicians employed by a staffing agency and working under contract with a veterans hospital were independent contractors, not government employees, and a plaintiff cannot sue the government under the FTCA for the doctors’ alleged medical malpractice in performing his ...

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