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Plaintiff May Add ‘Informed Consent’ Claim (access required)

By Deborah Elkins
Published: April 16, 2013
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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’ (access required)

By Deborah Elkins
Published: April 5, 2013
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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 (access required)

By Peter Vieth
Published: February 4, 2013
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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 (access required)

By Peter Vieth
Published: January 30, 2013
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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 (access required)

By Peter Vieth
Published: October 24, 2012
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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 (access required)

By Virginia Lawyers Weekly
Published: October 22, 2012
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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 (access required)

By Deborah Elkins
Published: August 10, 2012
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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 (access required)

By Virginia Lawyers Weekly
Published: June 25, 2012
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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 (access required)

By Peter Vieth
Published: May 24, 2012
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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 [...]

No Claim for Fraudulent Inducement (access required)

By Deborah Elkins
Published: May 1, 2012
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A Roanoke City Circuit Court sustains demurrers to plaintiff’s second amended complaint alleging fraud in the inducement and seeking to pierce the corporate veil in negotiation of a loan agreement. The question remains what it has been: Has plaintiff stated facts sufficient to demonstrate that the Executive defendants owed it a common law duty that [...]

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