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Tag Archives: Medical Malpractice

Statutory Immunity for Medical Test Review (access required)

In a first-impression case, a Fairfax Circuit Court rejects a plea in bar under Va. Code § 8.01-581.18:1 filed by defendant neonatologists who assert they had immunity from malpractice liability for an infant’s death, based on alleged duty to review ...

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Immunity denied over lab tests in med-mal action (access required)

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Doctors who hoped to use the lab-test-immunity provision of Virginia’s medical malpractice law failed to make their case, a Fairfax County circuit judge has ruled. The decision revives attention to a compromise statute hammered out in 2006 following two conflicting ...

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Woman suffered perforation in colon during hysterectomy – $1 Million Settlement (access required)

Plaintiff, age 59, un­derwent laparoscopic total hysterectomy and salpingectomy, which involves the removal of the uterus, cervix and fallopian tubes. Plain­tiff had a known histo­ry of umbilical hernia repair. For initial access to the abdomen, de­fendant gynecological surgeon inserted a ...

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Testing for rare genetic mutation not standard of care – Defense Verdict (access required)

Patient died fol­lowing one cycle of FOLFOX che­motherapy after a diagnosis of Stage IIIB colon cancer. It was later deter­mined that patient had a rare genetic mutation that af­fected his ability to metabolize 5-FU, the active agent in FOLFOX. Adminis­trator ...

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Claim settled for $1.95M – $1,950,000 Settlement (access required)

[16-T-170] Type of action: Medical Malpractice Name of mediator: Judge Thomas S. Shadrick (Ret.) Date resolved: April 2017 Special damages: Confidential Verdict or settlement: Settlement Amount: $1,950,000 Attorneys for plaintiff: Chris Anderson and Thomas Johnson, Richmond

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Woman’s colon was perforated during colonoscopy – $1,057,500 Verdict (access required)

Ava Blackburn was 64-years-old when she was referred to Dr. Timothy Klepper for a colonoscopy after one episode of unexplained bleeding. Blackburn walked five miles a day and gardened at the time of the procedure. Klepper is a general surgeon ...

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Man sued dentist over teeth removal, unworkable dentures – Defense Verdict (access required)

On July 27, 2011, plaintiff presented to the defendant general dentist complaining of loose teeth. The defendant diagnosed plaintiff with Stage IV periodontitis, recommended extraction of all but six teeth and dentures as a prosthetic. Plaintiff decided to move forward ...

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Spinal surgeon placed instruments too deeply – $2,550,000 Verdict (access required)

This was a medical malpractice case against spinal surgeon Thomas J. Raley Jr., M.D., and his practice group, Advanced Spine and Pain PLLC, for injury to a patient during spinal surgery called posterior lumbar interbody fusion (“PLIF”). During surgery, Raley ...

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