No Claim for Fraudulent Inducement

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 [...]

Plywood Flying from Pickup Truck is ‘Auto Accident’

By Deborah Elkins
Published: April 5, 2013
Tags: Insurance, Judge Clifford R. Weckstein, Roanoke Circuit Court, Virginia Circuit Courts

A Roanoke City Circuit Court says two employees of a remodeling company were “using” a pickup truck under Virginia law when they loaded a piece of plywood into the truck bed, and auto liability policies of the truck owner and its driver provide coverage for injuries suffered by a pedestrian who was struck by the [...]

Fairfax needs judges

By Peter Vieth
Published: February 4, 2013
Tags: Bar Associations, Fairfax County Circuit Court, General Assembly, Gov. Bob McDonnell, Judge Dennis J. Smith, Judge Jonathan M. Apgar, Judge Robert P. Doherty Jr., Roanoke Circuit Court

Lawyers and legislators from various Virginia locales, including populous Fairfax County, say Gov. Bob McDonnell missed the mark when he proposed money to fill certain judgeships. The governor overlooked areas badly in need of judicial help, in part because the available caseload numbers are unreliable, Fairfax lawyers say. Other regions – including Arlington, Charlottesville, Roanoke, [...]

Judge rejects use of comparisons

By Peter Vieth
Published: January 30, 2013
Tags: Judge Charles N. Dorsey, Million-Dollar Verdicts, Personal Injury, Roanoke Circuit Court, Supreme Court of Virginia News

A disabled Henry County woman keeps a $1.85 million award – reduced from a jury verdict of $6.5 million – as a Roanoke City circuit judge rejected defense claims that the sum awarded did not line up with past awards for similar injuries. The judge was quick to cite a brand new decision of the [...]

Lawsuits piling up over meningitis

By Peter Vieth
Published: October 24, 2012
Tags: Meningitis, Roanoke Circuit Court

Virginia lawyers have wasted no time getting to the courthouse to file lawsuits after the national outbreak of fungal meningitis this fall blamed on tainted steroid injections prepared by a Massachusetts pharmacy. By Oct. 19, five lawsuits had been filed in Roanoke City Circuit Court naming the New England Compounding Center as a defendant. Four [...]

Urologist operated on wrong portion of plaintiff’s kidney – $500,000 Settlement

By Virginia Lawyers Weekly
Published: October 22, 2012
Tags: Medical Malpractice, Roanoke Circuit Court

A 57-year-old physical therapist had been diagnosed with polycystic kidney disease at age 25. The plaintiff lived a normal life without significant difficulty with her kidneys, experiencing no obstructions, stones or blood in her urine. In the spring of 2009, plaintiff was diagnosed with uterine cancer, for which she was referred to a gynecologic oncologist [...]

IAD Does Not Cover Probation Violations

By Deborah Elkins
Published: August 10, 2012
Tags: Criminal, Judge Clifford R. Weckstein, Roanoke Circuit Court, Virginia Circuit Courts

A Roanoke City Circuit Court denies a federal prisoner’s motion to dismiss state detainers filed on underlying charges of probation violation, as the Interstate Agreement on Detainers does not apply to probation violation proceedings. Under Article III of the Interstate Agreement on Detainers, a prisoner incarcerated in one state has the right to demand the [...]

Patient claims earlier surgery would have led to earlier diagnosis – Defense Verdict

By Virginia Lawyers Weekly
Published: June 25, 2012
Tags: Medical Malpractice, Million-Dollar Defense Verdicts, Roanoke Circuit Court

A 32-year-old patient who was 24 weeks pregnant presented to the emergency department with reports of severe abdominal pain, cramping and nausea. She also reported to hospital staff that she had been born with a condition called gastroschisis—a birth defect where a baby is born with her intestines on the outside of the abdominal wall. [...]

Roanoke OBs hit with $9M verdict

By Peter Vieth
Published: May 24, 2012
Tags: Medical Malpractice, Million-Dollar Verdicts, Roanoke Circuit Court

A Roanoke City jury has returned verdicts totaling $9 million against two obstetricians in a birth injury case where the child’s medical expenses have already exceeded the cap for the child’s recovery under Virginia law. The child – now 10 – functions at a pre-kindergarten level, according to Jeffrey H. Krasnow of Roanoke, who tried [...]