Million-Dollar Defense Verdicts | Virginia Lawyers Weekly

Plaintiff claims surgeon should have used different instrument – Defense Verdict

By Virginia Lawyers Weekly
Published: April 29, 2013
Tags: Judge Clarence N. Jenkins Jr., Medical Malpractice, Million-Dollar Defense Verdicts, Richmond Circuit Court

Plaintiff was 54 years old when he first presented to defendant otolaryngologist in November 2003 for symptoms of occasional difficulty swallowing and choking and complaints of spitting out undigested food due to a Zenker’s diverticulum (“ZD”). Defendant repaired the diverticulum using an open procedure through the neck. After the surgery on Jan. 19, 2004, plaintiff’s [...]

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 [...]

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 [...]

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 [...]

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 [...]

Man with sleep apnea died after shoulder surgery – Defense Verdict

By Virginia Lawyers Weekly
Published: February 18, 2013
Tags: Judge Michael F. Devine, Medical Malpractice, Million-Dollar Defense Verdicts, Wrongful Death

The plaintiff’s decedent was a 49-year-old married father of three adult children who underwent rotator cuff repair surgery at Mary Washington Hospital in March 2007. Dr. Eglevsky was the orthopedic surgeon who performed the surgery and Dr. Dorman was the anesthesiologist. Decedent’s past medical history was unremarkable, with the exception of a diagnosis of obstructive [...]

C-Section was ordered an hour too late, birth injury plaintiff claims – Defense Verdict

By Virginia Lawyers Weekly
Published: January 28, 2013
Tags: Judge Sage B. Johnson, Medical Malpractice, Million-Dollar Defense Verdicts, Washington County Circuit Court

Plaintiff contended that the defendant OB/GYN failed to appropriately monitor her mother’s labor, recognize and respond to fetal distress, and timely order a C-section, which resulted in anoxic encephalopathy with severe and permanent neurological injury and cerebral palsy. The primary focus was on the fetal heart tracings between 10:30 p.m. on Sept. 8, 2003, until [...]

Patient suffered necrotizing fasciitis after orthopedic surgery – Defense Verdict

By Virginia Lawyers Weekly
Published: December 31, 2012
Tags: Judge John E. Wetsel Jr., Medical Malpractice, Million-Dollar Defense Verdicts, Winchester Circuit Court

On July 30, 2008, plaintiff, a 350-pound, 22-year-old man with pre-existing venous stasis issues, was in a single-vehicle motorcycle accident and admitted to the hospital for a broken left tibia and fibula, and other trauma injuries. The patient underwent closed reduction internal fixation and rodding of the left leg that night. On Aug. 4, 2008, [...]

Surgeon cut wrong duct during gallbladder surgery – Defense Verdict

By Virginia Lawyers Weekly
Published: November 26, 2012
Tags: Arlington County Circuit Court, Judge Daniel Fiore II, Medical Malpractice, Million-Dollar Defense Verdicts

On Feb. 5, 2009, the 26-year-old plaintiff was admitted to the hospital after a series of gallbladder attacks. Pre-operative imaging disclosed that the plaintiff had a common bile duct that was 2.9 mm in diameter, but her biliary anatomy was otherwise normal in caliber and configuration. The plaintiff underwent a laparoscopic cholecystectomy, or gallbladder removal, [...]

Contractor shot while staying at hotel provided by employer – Defense Verdict

By Virginia Lawyers Weekly
Published: November 19, 2012
Tags: Judge Karen J. Burrell, Million-Dollar Defense Verdicts, Norfolk Circuit Court, Personal Injury

Kamco Services Inc., a contractor based near Richmond, was hired by Norfolk Public Schools to perform renovation work. For several months, plaintiff Hunter Clay and other contractors stayed at the Econo Lodge in the 800 block of N. Military Hwy. during the work week, despite plaintiff’s claiming that he repeatedly asked his employer to move [...]

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