Missed Diagnosis Claim Not ‘Gross Negligence’ 
By Deborah Elkins
Published: May 10, 2013
Tags: Judge Mary Jane Hall, Medical Malpractice, Norfolk Circuit Court, Virginia Circuit Courts
A Norfolk Circuit Court sustains a demurrer to a gross negligence claim filed by the estate of a woman who allegedly died as a result of the defendant resident physician’s failure to diagnose the woman’s ectopic pregnancy; the Norfolk Circuit Court sustains defendant physician’s demurrer to the gross negligence claim, but overrules the special plea [...]
E-filing market open with new app
By Peter Vieth
Published: April 24, 2013
Tags: Accomack County Circuit Court, Arlington County Circuit Court, E-filing, Justice Cynthia D. Kinser, Norfolk Circuit Court, Petersburg Circuit Court, Scott County Circuit Court, Supreme Court of Virginia News, Virginia Beach Circuit Court, Wise County Circuit Court
After years of delay and planning, a Virginia Supreme Court-designed electronic filing system is finally rolling out this month, as other courts cautiously dip toes in the water by using private vendors to provide the interface between the courthouse and users. The court’s launch of its own e-filing system puts the court in competition with [...]
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 [...]
City Worker Can Grieve Discipline, But Not Discharge
By Deborah Elkins
Published: April 5, 2013
Tags: Employment, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts
Although the former assistant director of a victim/witness assistance program may grieve her discipline for violating an office policy on rental car use, she may not grieve her dismissal, as grievance of termination for “special project” employees such as plaintiff is expressly disallowed by the city code, says a Norfolk Circuit Court. As a result [...]
Plaintiff shot by third party on commercial premises – $3,000,000 Settlement
By Virginia Lawyers Weekly
Published: April 1, 2013
Tags: Million-Dollar Settlements, Norfolk Circuit Court, Personal Injury
This commercial premises liability case involved recovery for independent third party criminal acts. The plaintiff suffered gunshot wounds to the abdomen and chest, minor kidney damage and post-traumatic stress disorder. [13-T-048] Type of action: Personal injury – premises liability Injuries alleged: Gunshot wounds to abdomen and chest with surgical repairs, minor kidney damage, PTSD Court: [...]
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 [...]
Untreated blood infection led to quadriplegia – $2,500,000 Verdict
By Virginia Lawyers Weekly
Published: March 25, 2013
Tags: Judge Karen J. Burrell, Medical Malpractice, Million-Dollar Verdicts, Norfolk Circuit Court
The decedent, age 52, was admitted to the hospital with a normal white blood cell count, which started rising and went untreated with antibiotics. Defendant explored the GI etiology but not the infectious process, which required a simple blood culture and/or broad coverage antibiotics. However, he admitted that MRSA, which was epidemic, must be presumed [...]
Child who suffered burns has guaranteed payout of $3.5M – $3,000,000 Settlement
By Virginia Lawyers Weekly
Published: March 18, 2013
Tags: Million-Dollar Settlements, Norfolk Circuit Court, Personal Injury
The plaintiff, age 7, was playing in his family’s yard in Chesapeake in March 2010 when he came in contact with a communications cable that had been left on plaintiff’s property by the defendant. The plaintiff touched the cable in such a way and/or moved it so that it came in contact with an overhead [...]
Beach lawyer beats discipline charge
By Peter Vieth
Published: February 13, 2013
Tags: Judge Louis Allen Sherman, Lawyer Discipline, Norfolk Circuit Court, Personal Injury, Virginia State Bar
A Virginia Beach lawyer charged with misconduct by the Virginia State Bar has been exonerated by the VSB’s disciplinary board. Edward F. Halloran submitted a group of medical bills for two different personal injury claims for a single client, only to have the duplicate bills disallowed by a judge in the second action. The opposing [...]
Failure to treat kidney stone results in sepsis, necrosis – $2,750,000 Verdict
By Virginia Lawyers Weekly
Published: January 7, 2013
Tags: Judge Everett A. Martin Jr., Medical Malpractice, Million-Dollar Verdicts, Norfolk Circuit Court
Plaintiff, age 71, began seeing defendant urologist in June 2008. The doctor identified a 6mm kidney stone and told the plaintiff it would pass. The following month the plaintiff went to the emergency room with renal colic, as the stone had shifted and was blocking the kidney’s juncture with the ureter, but then shifted. Over [...]
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