Patient developed serious infections following colon resection – $725,000 Settlement 
By Virginia Lawyers Weekly
Published: April 22, 2013
Tags: Lynchburg Circuit Court, Medical Malpractice
The plaintiff was taken to the emergency room after experiencing nausea, vomiting and severe abdominal pain for a week. While in the ER, the plaintiff underwent a CT of the abdomen and pelvis. Results showed a markedly distended colon at the level of the distal transverse colon, which was deemed to be secondary to a [...]
Plaintiff May Add ‘Informed Consent’ Claim
By Deborah Elkins
Published: April 16, 2013
Tags: Judge Charles N. Dorsey, Medical Malpractice, Roanoke Circuit Court, Virginia Circuit Courts
A Roanoke City Circuit Court says a plaintiff who alleges defendant was negligent in performing vascular surgery on her right thigh five years earlier may amend her complaint to allege defendant failed to obtain informed consent, as that claim relates back to the filing date of the original complaint; however, plaintiff’s punitive damages and fraud [...]
Consent to terminate pregnancy at issue in med mal case – Defense Verdict
By Virginia Lawyers Weekly
Published: April 15, 2013
Tags: Medical Malpractice, Million-Dollar Defense Verdicts, Norfolk Circuit Court
Plaintiff underwent a medical termination of pregnancy and bilateral tubal ligation procedure. She claimed she consented to the procedures due to a heart condition, which she subsequently learned did not exist. The defendant OB/GYN physician maintained the plaintiff herself requested both procedures and was fully advised of the risks, benefits and alternatives. Defendants’ expert witnesses [...]
Civil death penalty imposed
By Peter Vieth
Published: April 8, 2013
Tags: Judge G. Carter Greer, Martinsville Circuit Court, Medical Malpractice
A doctor who allegedly gave false sworn testimony in a medical malpractice case has lost his right to deny liability, as a Virginia trial judge invoked the court’s inherent authority to punish “fraud on the court.” Such a harsh penalty by a Virginia judge is unusual if not unique, but the circumstances that drove the [...]
Defendants say plaintiff knew risks, but gave her consent – Defense Verdict
By Virginia Lawyers Weekly
Published: April 8, 2013
Tags: Judge Melvin R. Hughes Jr., Medical Malpractice, Million-Dollar Defense Verdicts, Richmond Circuit Court
Plaintiff, age 52, was seen initially by defendant urogynecologist on April 22, 2009, for a second opinion evaluation of stage III anterior pelvic organ prolapse, high transverse fascial defect, stress urinary incontinence and distal rectocele. A prior community gynecologist, Dr. B. Boyden Clary III, had diagnosed a cystocele and rectocele and discussed non-surgical and surgical [...]
Delayed diagnosis leads to sterility of 12-year-old girl – Confidential Settlement
By Virginia Lawyers Weekly
Published: April 8, 2013
Tags: Fairfax County Circuit Court, Medical Malpractice
This case arose from the delayed diagnosis of ovarian torsion, resulting in the sterility of a 12-year-old female. Plaintiff presented to the pediatric emergency department complaining of severe, sudden onset abdominal pain, nausea and vomiting. Suspecting appendicitis, doctors performed an abdominal sonogram. The sonogram was read as non-conclusive, but found no signs consistent with appendicitis. [...]
Plaintiff Meets Pre-Filing Review Requirement
By Deborah Elkins
Published: April 3, 2013
Tags: Judge Jackson L. Kiser, Medical Malpractice, U.S. District Court - Western District
In a plaintiff’s suit alleging medical malpractice by three North Carolina ophthalmologists who provided intra-operative and post-operative care in her cataract treatment, the Danville U.S. District Court says plaintiff has satisfied a North Carolina requirement for pre-filing review by an expert by offering two experts who are board-certified ophthalmologists, even if neither qualifies as a [...]
Bilateral injuries to uterus occurred during hysterectomy – $725,000 Settlement
By Virginia Lawyers Weekly
Published: April 1, 2013
Tags: Medical Malpractice
Plaintiff, age 39, went to see the defendant with complaints of heavy bleeding and severe cramping during her periods. She was evaluated by the defendant, who determined she had an enlarged fibroid uterus. After appropriate counseling, the defendant admitted the plaintiff to the hospital with a plan to perform a laparoscopic supracervical hysterectomy utilizing the [...]
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 [...]
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 [...]
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