Radiologist failed to diagnose renal cancer in early stage – $1,500,000 Settlement 
By Virginia Lawyers Weekly
Published: January 28, 2013
Tags: Medical Malpractice, Million-Dollar Settlements, Wrongful Death
The decedent, a 58-year-old woman, presented to the emergency room on April 12, 2008, with complaints of abdominal and chest pain. The treating emergency room physician ordered an abdominal/ pelvic CT scan with contrast, and specified a suspected appendicitis as the indication for the study. The defendant radiologist interpreted the study and indicated in his [...]
Failure-to-warn rule tightened in van case
By Peter Vieth
Published: January 17, 2013
Tags: Justice Cleo E. Powell, Justice Donald W. Lemons, Justice Elizabeth A. McClanahan, Justice LeRoy F. Millette Jr., Justice William C. Mims, Products Liability, Supreme Court of Virginia News, Virginia Association of Defense Attorneys, Wrongful Death
A change of heart by a single justice has brought an end to a short-lived “relaxed” standard for failure-to-warn claims under Virginia products liability law. After rehearing a products liability case, Virginia Supreme Court Justice LeRoy F. Millette Jr. switched his position on the standard for use of similar incidents in product failure cases, dashing [...]
Passenger killed after for-hire vehicle crashed – $4,600,000 Settlement
By Virginia Lawyers Weekly
Published: January 14, 2013
Tags: Fairfax County Circuit Court, Million-Dollar Settlements, Wrongful Death
A 31-year-old male visiting from an underdeveloped country in Southeast Asia was a passenger in a for-hire transportation vehicle, which was involved in a single vehicle accident. He was ejected and killed. Decedent is survived by his wife and 1-year-old daughter. The decedent was a human rights activist with a modest history of past earnings. [...]
Military dad killed in car crash – $4,685,000 Settlement
By Virginia Lawyers Weekly
Published: January 14, 2013
Tags: Fairfax County Circuit Court, Million-Dollar Settlements, Wrongful Death
A 48-year-old member of the U.S. military was stopped at a traffic light in Fairfax County when he was struck from behind by a commercial vehicle. He died as a result of the accident. He was survived by his wife and their three minor children, ages 17, 12 and 9. Lost earnings of $2,527,404 were [...]
High court reinstates full verdict in ‘Lester’
By Peter Vieth
Published: January 10, 2013
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Justice Cleo E. Powell, Justice Elizabeth A. McClanahan, Million-Dollar Verdicts, Supreme Court of Virginia News, Wrongful Death
The Supreme Court of Virginia has reinstated the full jury verdict of $6,227,000 on Isaiah Lester’s wrongful death claim based on the loss of his wife in a car accident in 2007. The court’s ruling closes the book on a high-profile, high-dollar personal-injury case in Albemarle County. The trial judge had reduced the jury’s award [...]
Cop is out of stun gun death case, maker must defend
By Peter Vieth
Published: January 9, 2013
Tags: Federal Courts, Judge Glen E. Conrad, Products Liability, Wrongful Death
A stun gun manufacturer faces a federal jury trial on claims it failed to provide sufficient warnings about the weapon’s risk for people with heart conditions. While allowing three claims against TASER International Inc. to go forward, a Charlottesville federal judge dismissed all claims against the officer who used a Taser gun to strike Daniel [...]
Health center failed to screen for prostate cancer – $1,000,000 Settlement
By Virginia Lawyers Weekly
Published: December 31, 2012
Tags: Federal Courts, Medical Malpractice, Million-Dollar Settlements, Wrongful Death
Decedent was a truck driver on the Eastern Shore. During the period of October 1999 to May 2007 he was treated at the Eastern Shore Rural Health Center more than 60 times for various ailments, and considered the clinic to be his family physicians. Decedent was older than 50 when he began his visits to [...]
Asleep-at-the-wheel prompts punitives claim
By Deborah Elkins
Published: December 28, 2012
Tags: Federal Courts, Judge Norman K. Moon, Wrongful Death
A widow whose husband died in a collision with a tractor-trailer on a rainy July morning may sue the truck driver for punitive damages. A Lynchburg federal court balked at endorsing a punitives claim last August, but a second try at pleading punitive damages worked for Blanche Madison, suing for the wrongful death of her [...]
Dump truck driver struck and killed by train on private roadway – $2,500,000 Verdict
By Virginia Lawyers Weekly
Published: December 3, 2012
Tags: Million-Dollar Verdicts, Prince William County Circuit Court, Wrongful Death
The decedent was a dump truck driver carrying gravel to a worksite on private land reached by a private road within Prince William County. As the decedent traveled down a dirt road to an unmarked railroad crossing, his view to the right to see any oncoming trains was hindered by a stack of wood that [...]
Surgeon failed to remove appendix during appendectomy – $1,475,000 Settlement
By Virginia Lawyers Weekly
Published: November 5, 2012
Tags: Medical Malpractice, Million-Dollar Settlements, Wrongful Death
A 63-year-old male on disability was admitted to the hospital with right lower quadrant pain of three days’ duration. He underwent a CT scan showing a six-centimeter fluid collection posteriorly to the cecum, consistent with abscess/perforated appendix. Given this diagnosis, the patient underwent a laparoscopic appendectomy. By the evening of the first post-operative day, the [...]
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