Presenting Virginia’s Largest Settlements from 2019

In this issue, Virginia Lawyers Weekly presents the survey of “Million-Dollar Settlements of 2019.” This annual compilation recaps big settlements from across the commonwealth for the previous year.

The largest settlement, for $112.5 million, involved a False Claim Act filed over false research results at Duke University. The second highest was an $11.5 million settlement of a med-mal birth case against a naval hospital in Guam, brought in Norfolk federal court.

To make the list:

• The settlement must be for at least $1 million.
• The settlement was reached in calendar year 2019.
• The settlement involved a dispute in Virginia or was one with a strong Virginia connection.

If you had a million-dollar settlement from 2019 that is not reported here, please let us know. We will add that information to the online version of the survey so it can be as complete as possible.

And during the coming year, we would greatly appreciate hearing about all your settlements (verdicts, too), not just the ones that will make next year’s million-dollar list.

— Paul Fletcher, Publisher & Editor-in-Chief

$112.5 million

False Claims action against Duke nets $112.5M settlement

United States ex rel. Thomas v. Duke University

Type of action: False Claims Act – Qui Tam Relator – Whistle Blower

Court: U.S. District Court, Middle District of N.C.

Name of judge and mediator: Judge Catherine C. Eagles; John Harkavy, Mediator

Attorneys for plaintiff: Matthew W. Broughton, J. Scott Sexton, Gregory J. Haley, Michael J. Finney, Monica T. Monday, Kathy L. Wright, Andrew M. Bowman, Roanoke; John R. Thomas Jr., Roanoke; D.J. O’Brien III, Daniel F.E. Smith, Brooks Pierce, Greensboro, NC

In May 2013, Joseph M. Thomas, the relator, brought a False Claims Act action on behalf of the United States of America against Duke University and Duke University Health System (together, “Duke”). William M. Foster, Ph.D., and Erin N. Potts-Kant also were defendants.

Duke employed Potts-Kant as a technician in its Department of Pulmonary, Allergy and Critical Care Medicine, where she worked in Foster’s laboratory, known as the “Foster Lab.” Thomas alleged that the Foster Lab generated false research results—scientific data that had been altered or made up—that Duke reported in dozens of grant applications and progress reports submitted to the National Institutes of Health and the Environmental Protection Agency. Thomas contended that these were false claims, made knowingly, and that the falsity was material to the United States’ decisions to award grants and/or continue their funding.

The parties then litigated the case for more than one-and-a-half years. Discovery was sprawling. Duke produced over two million pages of electronic documents. The parties took 52 depositions, several lasting more than one day and almost all involving complex scientific subject matter. Among these were 12 expert depositions, a Rule 30(b)(6) deposition of NIH and six depositions of NIH witnesses.

Duke agreed to a settlement of $112.5 million—which was presented to the court on March 25, 2019.

$11.5 million

Baby not properly aspirated at naval hospital, suffered brain injury

D.B., an Infant by and through his Parents and Next Friends, Deardre D. Bebeau and Daniel J. Bebeu Sr., et al v. United States of America

Type of action: Medical Malpractice; Federal Tort Claims Act

Court: U.S. District Court – Eastern District of Va.

Name of judge or mediator: Judge Raymond A. Jackson

Attorneys for plaintiff: Dov Apfel, Maryland; Seth Cardeli, Maryland; Michael Imprevento, Virginia Beach; and Kevin Biniazan, Virginia Beach

The lawsuit stemmed from the birth of a boy, identified in court documents only by the initials D.B., in late 2014 at the U.S. Naval Hospital Guam where his parents were stationed at the time. D.B.’s mother was admitted to the hospital around 7 a.m. in the morning after her membranes ruptured at home.

At admission, the baby’s fetal heart rate “reflected a well-oxygenated fetus,” the lawsuit said. Throughout the labor, the fetal heart rate monitor continued to show signs that the fetus was healthy and neurologically intact. However, as the labor progressed, there were signs of fetal stress and meconium (fetal stool) was noted in the amniotic fluid. A pediatrician, John McDonnell, M.D., was called and summoned to the delivery room in advance of delivery so that he could clear the baby’s airway and perform any necessary resuscitation.

D.B. was born at 1:56 a.m. It was noted that D.B. was covered in meconium and “floppy and non-vigorous.” D.B. was immediately handed to Dr. McDonnell by the obstetrician and brought to the warmer for resuscitation.

D.B. showed obvious signs that he was not being adequately ventilated. His vitals did not improve despite multiple attempts at intubation, chest compressions, and bag and mask ventilation. Dr. McDonnell made several unsuccessful attempts to intubate D.B., yet the records reflect that he never suctioned the trachea.

$10,927,299

Settlement reached in 2011 sexual assault case

K.M.L. v. Donald Hugh Owen, Jr.

Type of action: Civil Tort Action for Sexual Assault of a Child

Court: Richmond County Circuit Court

Name of judge or mediator: Judge R. Michael McKenney

Attorney for plaintiff: J. Michael Sharman, Culpeper

In September 2011, KML was a lonely 13-year-old who went on a chat line for 13- to 17-year-olds. She agreed to meet a person who said he was 17, but when KML went to the meeting place, it was Donald Hugh Owen Jr., 52, who took her into his car and sexually assaulted her.

Within a month, KML was hospitalized as suicidal, and in the ensuing years since then she has had multiple other hospitalizations and in-patient and out-patient treatment as a result of the sexual assault.

In 2014, the detectives were able to identify Owen with the aliases, phone number and email he had given KML. Owen then entered an Alford plea to one felony count of electronic solicitation and two felony counts of carnal knowledge of a minor. He was sentenced to 25 years, with all but five suspended.

Owen was released from incarceration on Aug. 17, 2018.

$10.575 million

Man rear-ended on I-95 now a paraplegic

Type of action: Automobile collision and medical negligence

Name of judge or mediator: Hon. Robert L. Harris (Ret.)

Attorneys for plaintiff: Patrick Regan, Amy Griggs, Chris Regan, Washington, D.C.

Plaintiff, a 70-year-old man, was a restrained driver of a Jeep Wrangler traveling north on Interstate 95 near Fredericksburg when he was rear-ended by a company pickup truck hauling a recreational boat. Plaintiff was pinned in his seat by the steering column; it took nearly an hour for the rescue workers to extricate him. Plaintiff sustained many injuries, including multiple spinal fractures, multiple rib fractures, brain injury and epidural hemorrhage. Plaintiff’s economic damages included past medical expenses, a future life care plan and home renovation costs to accommodate the needs of a wheelchair with ramps, handicapped accessible bathrooms, kitchen, safe exits, etc.

The driver admitted negligence shortly before mediation. Plaintiff’s negligent entrustment claims against the driver’s employer were dismissed by motion by the trial court. Defense contested the extent of future care needs and had its own home renovation estimate. Plaintiff initially reached a mediated settlement with the driver, and then an additional settlement was negotiated with a medical treatment facility where plaintiff received treatment after discharge from the emergency department. Plaintiff alleged that he was improperly turned in his clamshell brace, thereby exacerbating the extent of his injuries. The medical facility contested liability and causation.

$6.5 million

Wheelchair was not secured, man hurt when van U-turned

Type of action: Personal Injury

Name of judge or mediator: Judge James Barkley

Attorneys for plaintiff: Kevin W. Mottley and Benjamin P. Kyber, Richmond

On the date of the incident, plaintiff was in a wheelchair being transported via van from adult day care in Henrico to his home. The van was operated by a company that was in the business of transporting people with physical disabilities. The driver of the van did not properly secure plaintiff’s wheelchair before departing from the daycare facility. As a result, when the van made a U-turn on Staples Mill Road, the client’s wheelchair flipped over, and the client’s head and neck violently slammed into the metal wheelchair lift in the van. The client suffered an injury to his spinal cord, as well as a traumatic brain injury, in the fall, which was corroborated by the video evidence.

The entire incident was recorded on the van’s interior video recorders.

A complete laminectomy was performed on plaintiff’s cervical spine at Henrico Doctors Hospital to decompress the injured spinal cord in his neck. Plaintiff spent several weeks in recovery, after which he spent three months at a rehabilitation facility in Richmond. At that time, plaintiff could not walk at all and he was showing very little improvement. His parents became convinced that, if he stayed in the rehab facility, he would never walk again. Therefore, they took him home and were eventually able to help plaintiff back to the point that he could at least stand and walk short distances.

$5.475 million

Man badly hurt in crane accident died after 14 surgeries

Type of action: Wrongful death

Attorneys for plaintiff: Jason W. Konvicka and P. Christopher Guedri, Richmond

This wrongful death action arose out of an industrial incident that occurred on Aug. 17, 2017. At the time of the incident, the decedent was working as an independent owner/operator of a logging truck and was delivering a load of timber to a mill.

The crane operator was able to remove the first “bite” of logs from the trailer without incident. As he prepared to remove the second bite of logs, the trolley of the crane “trolleyed out” causing the grapple to swing wide and hit the shelter, knocking it over and on top of the decedent’s legs. Ultimately, the cage was removed, and the decedent was transported by rescue squad to a Level I Trauma Center for treatment.

All in all, 14 different surgeries were performed in an attempt to irrigate and debride the wounds and to promote healing. Those surgeries were not successful and his right leg was amputated below the knee. The infection progressed and on Sept. 21, the decision was made to remove his right leg above the knee. His condition continued to worsen and on Sept. 25, his family made the decision to withdraw life support so that he could die with dignity. He passed away later that day with his family by his side. The decedent was 63 years old.

$5,070,280

Disabled car was struck by sweeper, man suffered TBI

Daryl Wilson, Conservator of Darrell J. Hatchett, an Incapacitated Person, v. Stephen A. Ricks, Jr. and Crittenden Services, Inc., a Virginia Corporation

Type of action: Personal injury

Court: Hampton Circuit Court

Name of mediator: Hon. Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Leonard C. Heath Jr., Shawn W. Overbey, Joseph F. Verser and J. Harrison Powell II and Jordan C. Heath, Newport News

On Sunday, Jan. 15, 2017, the plaintiff was driving to work in his father’s SUV in the right southbound lane of the James River Bridge. The vehicle suffered a mechanical breakdown a short distance inside of the county line of Isle of Wight County, but still on the James River Bridge.

Approximately 10 minutes later, an employee of Crittenden Services Inc., or CSI, was operating a commercial sweeper truck south on the bridge.

According to the employee, prior to the collision, he was not paying attention and was focused on traffic on the northbound span of the bridge. As a result, CSI’s employee drove the sweeper truck into the rear of the plaintiff’s disabled vehicle. The plaintiff was standing in front of his disabled vehicle. When the collision occurred, the impact propelled the plaintiff’s vehicle into him, throwing the plaintiff approximately 67 feet from the point of impact.

EMTs were summoned to the scene. The plaintiff actually coded on the bridge. The EMTs were able to revive him and transport him to Riverside Regional Medical Center. Believing that a fatality would ensue, the Virginia State Police deployed a crash team to investigate the collision. That team well documented the collision site and confirmed that visibility that morning was 10 miles.

$5 million

Three killed on roadside of Route 288

Type of action: Wrongful Death

Court: Goochland Circuit Court

Attorneys for plaintiff: Charles F. Purcell and Michael C. Kildoo, Louisa; Irvin V. Cantor, Elliott M. Buckner, and Joseph L. Cantor, Richmond; Brandon M. Gladstone, Springfield

On June 27, 2018, a motorist, Linli Xu, was driving in the left lane of Route 288 when she struck a deer. Two other individuals, Justin Ransone and Amy Abbott, stopped on the side of the road to assist Xu. Their emergency flashers were on and the right lane of Route 288 remained entirely open. While standing in the median and calling 911, the three individuals were struck and killed by a vehicle driven by defendant.

There was a $1,000,000 commercial auto policy and a $4,000,000 commercial umbrella policy covering defendant’s vehicle. The insurance carrier offered to settle all of the claims for the policy limits after several months of litigation. The families of the three decedents agreed to split equally the settlement proceeds.

Counsel for the three families cooperated in the investigation, litigation and ultimate settlement of the cases. Ransone and Abbott each had two children, who were their statutory beneficiaries. Xu’s statutory beneficiaries were her parents and husband.  The grandparents of the Ransone and Abbott children, who were the personal representatives of those estates, did a remarkable job caring for the children after the accident.  The entirety of the settlement proceeds for the children were placed into trusts.

$5 million

Man headed to work killed in high-speed rear-ender

Type of action: Wrongful Death

Attorney for plaintiff: Jason W. Konvicka, Richmond

This wrongful death action arises out of a car wreck that occurred on Oct. 15, 2018, in Northern Virginia. The 57-year-old decedent was on his way to work when he was rear-ended at high speed by the defendant. The decedent was removed from his vehicle and died shortly after arriving at a nearby hospital. The beneficiaries included his wife of 25 years, two adult children who lived at home and relied on the decedent for financial support and three adult children from a prior marriage who lived out of state. The decedent was employed as a computer administrator and earned roughly $170,000 per year.

The case was settled at mediation prior to a lawsuit being filed.

$4.7 million

Man hurt leg and shoulder in industrial accident

Type of action: Personal Injury

Attorneys for plaintiff: Irvin V. Cantor, Jeffrey Breit, Elliott M. Buckner, Jeffrey N. Stedman and Billie Hobbs Leeth, Richmond

Plaintiff suffered severe orthopedic injuries to his leg and shoulder and a traumatic brain injury in an industrial accident. The parties have agreed to keep all other matters confidential.

$4 million

Fall at apartment building leaves man a paraplegic

Type of action: Premises Liability (Fall in a common area at a commercial apartment building)

Name of judge or mediator: Hon. Michael C. Allen (Ret.)

Attorneys for plaintiff: Irving M. Blank, Keith B. Marcus, Roger T. Creager, and D. Wayne O’Bryan, Richmond

The plaintiff suffered multiple level spinal cord fractures when he fell over a railing and landed on a parking area below the stairway. A spinal cord fusion was performed, but he never regained use of his lower extremities.

$3.5 million

Man’s capacity to make gift to Virginia Tech was issue

Executor of the Estate of Unnamed Decedent v. Virginia Polytechnic Institute and State University

Type of action: Estate litigation

Court: Roanoke County Circuit Court

Name of mediator: Hon. Malfourd W. Trumbo (Ret.)

Attorneys for plaintiff: Lenden A. Eakin and Raphael E. Ferris, Roanoke

On May 1, 2019, the decedent made an online designation of beneficiary via the Vanguard Investments’ website, naming the “Virginia Tech School of Architecture” as sole beneficiary of his investment account.

At the time of the designation, the decedent suffered from advanced stage liver failure and the beginning of renal failure, which caused encephalopathy and other physical problems. He also took medication for anxiety and depression.

He was treated at Roanoke Memorial Hospital on April 30, 2019, where he refused admission and then took a one-way flight to Las Vegas. He was admitted to Desert Springs Hospital in Las Vegas twice, once on May 2 and again on May 3.

The primary issue was whether the decedent had the requisite capacity to make a beneficiary designation on May 1, 2019. After review of the decedent’s medical records, plaintiff’s experts opined that to a reasonable degree of medical certainty the decedent’s liver failure, kidney failure, encephalopathy, other health issues and prescribed medications diminished his mental status to the extent that he did not have capacity to make the beneficiary designation on May 1.

Decedent did not have any known contact with Virginia Tech after his graduation nearly 40 years ago. He did not discuss gifts to the university with anyone and never made any contributions to Virginia Tech during his lifetime.

After approximately eight hours of mediation, the case was resolved by settlement.

$3.1 million

Grandfather killed in crash five days after moving here

Type of action: Wrongful death

Court: Richmond Circuit Court

Name of mediator: Hon. B. Waugh Crigler (Ret.)

Attorneys for plaintiff: Trent S. Kerns and P. Christopher Guedri, Richmond

Plaintiff’s decedent, 59, and his grandchildren were going to lunch when their vehicle was rear-ended by the defendant. Defendant was operating his personal vehicle insured with liability limits of 100/300. Plaintiff’s decedent, who received fatal injuries, had relocated to Virginia just five days prior to the crash to be closer to his grandchildren. It was determined defendant was in the scope of his employment, which afforded extra available insurance coverage.

Mediation was attempted in December 2018 but was unsuccessful. Plaintiff’s decedent’s counsel filed and served a lawsuit in Richmond City Circuit Court and began to move through the litigation process, including discovery. Trial was set for two days in May 2020 but ultimately resolved for $3,100,000.

$3 million

Baby died, mother suffered stroke during delivery

Type of action: Wrongful death and medical negligence

Name of mediator: Hon. Diane Strickland (Ret.)

Attorneys for plaintiff: William B. Kilduff and W. Randolph Robins Jr., Richmond

Plaintiff, an expectant mother, presented to the labor and delivery unit of a Virginia hospital with signs of fetal abruption and preeclampsia. Despite warning signs in the fetal heart monitoring strips, no action was taken to deliver the baby. After the baby was pronounced dead in plaintiff’s womb, the providers monitored plaintiff’s blood pressure as it remained elevated through the night but did not treat the blood pressures. Plaintiff subsequently developed HELLP syndrome, a complication of high blood pressure experienced during pregnancy.

At some point near the time plaintiff delivered the deceased baby, she suffered a massive stroke. She has made a good recovery but will never work again and has a host of long term balance, cognitive and physical issues.

Two suits were filed and there was substantial litigation concerning the application of Virginia Code § 8.01-50(C) to medical negligence cases involving an injury or death to both plaintiff and unborn child. The key issue was whether the same wrongful act caused both the child’s death and plaintiff’s stroke. Given the uncertainty associated with the application of this statute to the likely trial evidence, and the near certainty of an appeal regardless of the trial court’s ruling, the cases were settled for an aggregate payment of $3,000,000 before plaintiff’s experts were disclosed.

$2.85 million

Seaman broke his back bringing in wire cable

Type of action: Maritime

Attorneys for plaintiff: Adam Harris Lotkin, Norfolk; Jason Itkin and Cory Itkin, Houston, TX

Plaintiff was a Jones Act seaman at the time of his chain of command’s order to assist with bringing in a long wire cable onto the vessel he was working. The vessel was cruising in the Pacific Ocean off the coast of California. Upon pulling of the line, plaintiff felt a pop and severely injured his back. Plaintiff was unable to continue his duty station working on the tour; however, he was kept on board until it arrived nearly a month later in a southern U.S. port where he was evacuated by tender. Emergency surgery saved his ability to walk from a badly broken lumbar spine injury. He wore a large plastic back brace for months during his rehabilitation from the fusion surgery.

The case settled post-mediation months before trial in a Texas venue. Plaintiff accepted $2,850,000 to resolve the case on terms.

$2.85 million

Girl assaulted at child care center by assistant teacher

Type of Action: Sexual Assault

Court:  Fairfax Circuit Court

Attorneys for plaintiff: Peter S. Everett, Robert J. Stoney and Chidi I. James, Fairfax

The case involved the sexual assault of a four-year-old girl, “Jenny,” by a substitute teacher at a private, for profit child-care facility. The child’s parents were assured by the facility that it would have two teachers in the room at all times; that there was clear visibility into the classrooms from the hallway; and that all employees had had undergone criminal background checks. These representations were made with the intent that the parents rely upon them, and rely they did. They were also untrue.

Unknown to the parents, a young male employee of the daycare center had hidden criminal convictions and lied about earlier childcare experience when he was hired–lies that a background check would have revealed.

This employee was frequently left alone in the classroom full of vulnerable pre-school children, including Jenny, during nap time. Because the classroom was set up with barriers shielding parts of the room from the hallway, the employee was able to sexually assault Jenny on more than one occasion when he was left alone in the room during naptime.

The plaintiffs pursued five direct negligence claims against the corporate defendant.

The plaintiffs also sought recovery for fraud and violations of the Virginia Consumer Protection Act.

$2.5 million

Trucker gains comp settlement of $2.5 million, third largest ever

John Doe v. Confidential

Type of action: Workers’ Compensation

Attorney for plaintiff: Stephen Harper, Richmond

Client, 43, was involved in a significant head-on collision in July 2016 while operating a front-end loader trash truck. As a result of the accident, claimant suffered a traumatic brain injury, broken sternum, broken clavicle, broken ribs, spinal cord injury, scalp laceration, ear laceration and concussion. The claim was ultimately accepted as compensable. The carrier paid the claimant temporary total from the date of the accident until the date of settlement. Because the client needed home health care, claimant’s counsel was able to get the carrier to agree to pay the wife a weekly stipend to provide home health care to the claimant. Ultimately as a result of mediation, the carrier settled the case with claimant for a lump sum settlement of $2.5 million. The lump sum is being used to fund a variety of annuities providing the claimant with an upfront cash payment of just under $1 million along with annuities paying the client a monthly stipend for medical, home health care and daily expenses that is guaranteed for 30 years or the claimant’s life, whichever is longer.

$2.5 million

Woman assaulted by boyfriend after football game

Jamie Alexandra Dale, M.D. vs. Curtis Jordan

Type of action: Personal injury, Assault and Battery, Punitive damages

Court: U.S. District Court – Eastern District of Va.

Name of judge or mediator: Judge Arenda Wright Allen

Attorneys for plaintiff: Stephen M. Smith, Hampton; David B. Holt, Hampton; C. Stewart Gill, Hampton; Kevin Mottley, Richmond; Benjamin Kyber, Richmond

On New Year’s Day, 2015, Dr. Dale planned to have an enjoyable evening on the town in Virginia Beach, Virginia with friends and her then boyfriend, Jordan. Dr. Dale and Jordan had been dating for a period of time.

They went out for dinner and drinks with some friends and to a party to watch a football game. They then went to the home of their neighbor to watch the second half of the game.

After the game is when things took a horrible turn. According to Dr. Dale, when they arrived back at her home, Jordan became violent, used foul language and angrily accused her of flirting with another man. An argument ensued, and it quickly turned violent. Dr. Dale claimed Jordan kicked her legs out from under her, knocked her to the floor, and repeatedly slammed her head into the floor.

She also said that, at other points during the incident, he choked her, kicked her and beat her. She attempted to retrieve an unloaded firearm to scare him away, but he grabbed the gun and placed it down nearby. He never retreated.

He ultimately left her unconscious and for dead. He left evidence behind that showed he tried to clean up blood from the crime scene before he left.

A day before the criminal trial was to commence, the parties agreed to a $2,500,000 settlement, the limits of Jordan’s homeowner’s policy.

$2.425 million

Sisters hurt on I-81 on snowy day when trucks traveled too fast

Jane Doe v. Defendant Automobile Driver, Trucking Co. 1, Trucking Co. 1 Driver, Trucking Co. 2, Trucking Co. 2 Driver

Type of action: Personal Injury- Multi-Vehicle Collision

Court: Southwestern Va. circuit court

Name of judge or mediator: Hon. Michael C. Allen (Ret.)

Attorneys for plaintiff: Raphael E. Ferris and Lenden A. Eakin, Roanoke

Plaintiff, a 74-year-old grandmother from Pennsylvania, was traveling as a passenger with her 73-year-old sister driving a 2013 Hyundai Sonata. Neither plaintiff nor her sister recalled anything immediately before, during or after the collision.

Jan. 22, 2016, was a cold, snowy day in Southwest Virginia. Roads had been plowed and traffic was moving on southbound Interstate 81. Most defendants testified that traffic was traveling at approximately 45 miles per hour due to the slick road surface and weather conditions.

Defendant Automobile Driver had been in the right lane some distance ahead of plaintiff’s vehicle but moved into the left lane to pass a vehicle. He lost control of his vehicle when he tapped his brake because he (arguably) saw Trucking Co #1 swiftly approaching behind him in the left lane. Defendant Automobile Driver spun around in the left lane, stopping crossways blocking the left lane of travel. Trucking Co #1 Driver struck Defendant Automobile Driver’s vehicle as he swerved his truck quickly into the right lane of travel and then onto the shoulder of the roadway, where he stopped abruptly. Plaintiff’s vehicle was in the right lane and was hit from the rear by Trucking Co #2, which shoved it under the rear of Trucking Co #1 on the shoulder of the roadway, crushing the vehicle and severely injuring plaintiff and her sister.

$2.275 million

Man waiting for work struck by drunk driver

Jonathan Cox, suing by his father and next friend Michael Cox v. John Vanderwilt

Type of action: Personal Injury with intoxicated defendant

Court: Norfolk Circuit Court

Attorneys for plaintiff: George T. Albiston, O. L. Gilbert, and Lawrence K. Land, Norfolk

Plaintiff was a pedestrian who was standing on the sidewalk outside of his place of employment approximately 15 minutes before his shift was to start. He was discussing the daily specials, etc., with working employees, through an open door area. Defendant was operating his vehicle at a blood alcohol level in excess of .16. When defendant came around the corner, he drove his vehicle up onto the sidewalk, striking the plaintiff and throwing him head first into a vehicle that was parked nearby.

Plaintiff suffered a diffuse axonal injury, which is a form of traumatic brain injury; fractured C-4 vertebrae; two tracheotomies; nose reconstruction; neurological tremors; urinary problems; erectile dysfunction; memory loss; and problems with walking and stability. He was initially hospitalized in Sentara Norfolk General Hospital, and then flown to Shepherd Center in Atlanta for more intense care and rehabilitation. Plaintiff underwent physical, occupational and speech therapy as well as hyperbaric chamber therapy.

In addition to the settlement from the liability carrier, plaintiff’s counsel also participated in settlement negotiations with the workers’ compensation carrier, resulting in a recovery of $450,000 for the plaintiff with waiver of any and all workers’ compensation liens. The total amount of recovery for the plaintiff was $2,275,000.

$2.25 million

Man, 22, T-boned just after he got off work

Type of action: Tractor-trailer wreck, personal injury

Court: Richmond Circuit Court

Attorneys for plaintiff: John C. Shea, Richmond; Ryan T. Walker, Chesterfield

Plaintiff was a 22-year-old male who was T-boned at a traffic light in South Hill when a tractor-trailer failed to stop at a red light. The defendant driver denied running the red light. Three eyewitnesses at the scene, however, reported that the tractor-trailer was at fault. The plaintiff had just gotten off work at a large retail store. Surveillance footage of the store’s parking lot captured the plaintiff’s vehicle at it sat stationary waiting for the light to change. The impact was also caught on video.

Plaintiff was airlifted to VCU Medical Center in Richmond. He was hospitalized for eight days and required surgery to repair his clavicle fracture. The plaintiff made a good recovery.

The case settled at mediation with the Hon. Michael C. Allen (ret.) of The McCammon Group. Plaintiff’s proceeds were structured. The structure was prepared by Ron Feinman, of One World Structured Settlement Design. A focus group was conducted by Jury Impressions.

$2.25 million

Man suffered serve TBI after truck ran red light

Type of action: Negligence – Personal injury

Attorneys for plaintiff: Jason W. Konvicka and Robert C. T. Reed, Richmond

Plaintiff suffered catastrophic injuries as a result of a motor vehicle collision that occurred when the defendant disregarded a red light and crashed his commercial motor vehicle into the vehicle plaintiff was operating. The defendants contested liability, contending that the commercial driver had a green light changing to yellow as he entered the intersection. Defendant’s co-worker witnessed the collision and supported this contention. Two independent eyewitnesses confirmed that the defendant entered the intersection on a red light. The defense alternatively alleged that plaintiff was contributory negligent in entering the intersection in front of a vehicle he should have known was not likely to stop. The commercial vehicle was traveling at approximately 65 miles per hour when it crashed into the plaintiff’s vehicle causing massive property damage to both vehicles.

The plaintiff suffered a severe traumatic brain injury with subarachnoid hemorrhage rendering him unable to remember any details of the collision. He had a large laceration to the top of his head with partial amputation of the right ear. He suffered spinal injuries from C6 to T6.

Plaintiff is unlikely to return to gainful employment. Plaintiff’s past medical care cost $903,112.65.

The case resolved for $2,250,000 two weeks after a mediation focused on negotiating the defendant company’s contribution to a settlement..

$2.1 million

Adult siblings killed when van jumped median

David Spivey, as Administrator of the Estate of Regina Spivey and Marvin Douglas Clark, Jr., as administrator of the Estate of Marvin Douglas Clark, Sr., v. Kingsport Heating and Air Conditioning, Inc., and Robert Scott Taylor

Type of action: Wrongful Death

Court: Scott Circuit Court

Name of judge or mediator: Judge John C. Kilgore

Attorneys for plaintiff: Gregory D. Habeeb, Richmond; Travis J. Graham and Andrew D. Finnicum, Roanoke

On March 21, 2017, Robert Scott Taylor was driving a commercial van owned by his employer, Kingsport Heating and Air Conditioning Inc., on Route 23 in Scott County. He was traveling from Big Stone Gap to his home in Duffield. As he drove, he began to swerve back and forth all over the road over a course of miles, causing multiple drivers to call 911. Taylor then drove the commercial van across the center median and directly into the front of a Dodge Ram travelling in the opposite direction.

Siblings Regina Spivey (39) and Doug Clark (47) were traveling home from Doug’s dialysis appointment when the Kingsport van slammed head-first into Doug’s truck. Regina and Doug were killed instantly.

Taylor was charged following the crash, but the criminal case resolved without a guilty plea.

Kingsport’s insurance company filed a declaratory judgment action contesting any insurance coverage based upon lack of permissive use. No offer was made until three weeks before the scheduled wrongful death trial. The declaratory judgment action was still pending at the time of settlement.

Faced with a lack of economic damages, one decedent’s major pre-existing health issues, a pending declaratory judgment action and a notoriously conservative jury pool, plaintiffs’ counsel nevertheless obtained a global settlement of $2.1 million.

$2.1 million

Man struck on head suffered brain and other life-threatening injuries

Nguyen v. Southern Iron Works Inc.

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Attorneys for plaintiff: Michael P. Weatherbee, Falls Church; Matthew W. Broughton, Roanoke; and Peter G. Irot, Roanoke

Nguyen was struck in the head by a heavy steel object, causing a traumatic brain injury and multiple other serious and life-threatening injuries.

$2 million

After neck surgery, man’s breathing tube pull-out prompted brain injury

Type of action: Automobile collision; and anesthesia medical malpractice cases

Name of judge or mediator: Hon. Michael C. Allen (Ret.)

Attorneys for plaintiff: William B. Kilduff and Thomas J. McNally, Richmond

On April 24, 2017, the decedent was a passenger in a vehicle driven by a friend that was traveling on an interstate roadway. The driver lost control of the vehicle which caused the vehicle to leave the roadway and crash into a ditch. As a result of the crash, the decedent sustained several cervical bone fractures.

The decedent was transported from the scene to a hospital where he underwent posterior cervical surgery that included the installation of hardware to repair the cervical fractures.

At the conclusion of the surgery, as the decedent was being extubated from the anesthesia equipment, the decedent began to flail and he reached toward his endotracheal tube (ET tube) as if he intended to pull out the ET tube out of his throat. Fearing that the decedent would injure himself if he removed the ET tube, one of the anesthesia providers pulled the ET tube from the decedent’s throat. Within approximately a minute thereafter, the decedent’s heart stopped beating and he did not have a pulse.  An emergency code was called and the anesthesia team performed CPR, including chest compressions and bagged mask ventilation, for approximately eight minutes, at which time the decedent’s pulse returned.  Although the decedent’s pulse was restored, his vital signs had plummeted during the code which indicated that the decedent was not well-ventilated or oxygenated while he received CPR. Due to the mismanaged extubation, the decedent sustained a hypoxic brain injury that required him to be placed on life support. The decedent never regained consciousness and he died approximately a week after the surgery when he was removed from life support.

Plaintiff’s counsel made wrongful death claims against the automobile driver and against the anesthesiology team who attended the decedent during his cervical surgery. The automobile claim settled before suit was filed for the combined liability and UIM limits of $100,000. The medical malpractice claim settled at mediation, after suit was filed, for $1.9 million. The applicable medical malpractice cap was $2.25 million. Thus, the combined settlement was $2.0 million for the decedent’s wrongful death.

$2 million

Child Crushed by Moving Partition in Elementary School Gym

Amy and Josh Lipicky, Co-Administrators of the Estate of Wesley Lipicky v. Various Unnamed Employees of Fairfax County Public Schools and Fairfax County Board of Supervisors

Type of action: Wrongful Death

Name of judge or mediator: Justice Jane M. Roush (Ret.)

Attorneys for plaintiff: Lee Livingston, Bryan Slaughter, Benjamin W. Glass III, James Abrenio, Kyle McNew, Charlottesville

Nine-year-old Wesley Lipicky was killed in May 2018, when he was crushed by a motorized partition in the gym at Franconia Elementary School in Fairfax County. The soundproof partition, which opens and closes, separates the gym from a “music room.” The partition is designed in such a way that when it begins to “open” a hand, arm or, as happened in this case, a child’s skull, can be caught in a less-than-nine-inch-wide gap, and quickly crushed.

Wesley was invited by a teacher to operate the gym-side power control. As he did so, Wesley leaned his head into the gap in order to hear the teacher on the other side. Unbeknownst to Wesley due to a lack of warnings on the motorized partition or instruction from adults, when the partition begins to open, i.e. retract, the last panel initially moves toward the wall rather than away from it. The gap thus becomes a deadly pinch-point.

Wesley’s death lead to claims against various county employees responsible for formulating and implementing safety policies and for supervising Wesley and other children at the time (the “county defendants”) and those responsible for designing, manufacturing, distributing, and installing the motorized partition (the “manufacturing” defendants.)

The case settled with the county defendants, with Justice Roush’s help, for $2 million.

$2 million

Boy in car seat suffered undetected neck injury

Type of action: Personal injury – medical malpractice

Attorneys for plaintiff: M. Bryan Slaughter and Les S. Bowers, Charlottesville

Plaintiff was in a motor vehicle accident at 19 months old when he was a restrained passenger in a child car seat. He was taken to the hospital where he presented with cervical pain. An X-ray was taken and read as normal although the film was not of high quality. After discharge, he presented to his pediatrician with continued issues relating to his neck. He was referred to the local hospital for follow-up. Upon examination, his neck had decreased range of motion and he experienced pain upon movement. A CT scan was ordered and interpreted as normal.

Plaintiff was discharged home with a pediatric Aspen collar. Three days later, he returned to the hospital for an MRI which was read as unremarkable with no abnormalities. Over a period of years, plaintiff developed chronic health and developmental problems including with his gait, gross and fine motor development, balance and respiratory issues. Five years after the initial motor vehicle accident, plaintiff had an MRI that showed severe spinal stenosis, severe spinal cord compression, spinal cord signal changes and subluxation. Plaintiff alleged that the earlier MRI had shown cervical injury but had been misinterpreted as having no abnormalities and that intervention at that time would have allowed plaintiff to live a close to normal life.

The case settled approximately two months before trial.

$2 million

Newborn suffered brain injury during long labor

Type of action: Medical malpractice

Attorneys for plaintiff: Bellamy Stoneburner, Lewis Stoneburner and Stephanie Grana, Richmond

The injured plaintiff, now age 5, suffered hypoxic ischemic encephalopathy at birth after a delayed vacuum-assisted delivery. Cytotec and Pitocin were administered when labor failed to progress. Numerous resuscitative measures taken by the nursing staff failed to achieve a return to a reassuring fetal heart rate. Despite these failures, Pitocin administration was increased.

Towards the end of the 38-hour labor, Category Three fetal heart rate tracings were indicative of an hypoxic risk to the fetus. The delivering obstetrician attempted a manual rotation of the fetus from the occiput posterior position. The obstetrician then employed a vaccum extractor and encountered shoulder dystocia. At delivery, the baby had no respiratory rate, muscle tone or reflex. After resuscitation, he developed seizures. The infant subsequently was diagnosed with hypoxic ischemic encephalopathy and a number of other issues. Diffusion MRI studies of the infant were critical in timing the insult of the injury.

$1.98 million

Driver ran off road, hurt passenger

Type of action: Personal Injury

Name of judge or mediator: Hon. Thomas D. Shadrick (Ret.)

Attorneys for plaintiff: Emmet D. Alexander, Robert G. Maury and Michael R. Krol, Richmond

The plaintiff was a passenger in a motor vehicle that ran off the road into the rear of a tractor-trailer parked illegally on the side of a highway. Defendants were the plaintiff’s driver and the tractor-trailer driver and carrier. Liability was vigorously contested.

$1.9 million

Electrocuted man settles comp claim

Woodfield v. Truland Systems Corporation

Type of action: Workers’ Compensation

Court: Virginia Workers’ Compensation Commission

Name of judge or mediator: Commissioner William Dudley

Attorneys for plaintiff: Peter C. DePaolis and Julie H. Heiden, Fairfax

The claimant received severe injuries as a result of being electrocuted during the course of his employment with Truland Systems Corporation. His traumatic brain injury has led to a spasticity in his lower extremities, making it difficult for the claimant to walk. After receiving 500 weeks of indemnity benefits, the claimant filed for permanent total disability benefits. The parties resolved the claim after two separate mediations with Commissioner Dudley.

$1.9 million

Med-mal case settles during trial

Type of action: Wrongful Death

Attorneys for plaintiff: Patrick Malone and Al Clarke, Washington, D.C.

This was a wrongful death case involving claims of medical negligence against an anesthesiologist settled during trial for $1.9 million.

$1.8 million

Man suffered brain injury, PTSD after rear-end collision

Stephen Spicer v. Timothy Robinson and Charles W. Karper, Inc.

Type of action: Personal Injury

Court: Buckingham County Circuit Court

Name of judge or mediator: Hon. Thomas Shadrick (Ret.)

Attorney for plaintiff: P. Christopher Guedri, Richmond

The subject accident occurred on Sept. 11, 2014. Spicer was stopped in a line of traffic when he was struck in the rear by a tractor-trailer operated by the defendant driver. Substantial property damage resulted.

$1,616,600

Plaintiffs in jet ski accident settle for $1.6M

Type of action: Personal Injury

Court: Prince William Circuit Court

Attorneys for plaintiff: Peter S. Everett and Lainie R. Singerman, Fairfax; Peter C. Burnett, Donald S. Culkin, and Matthew E. Bass, Leesburg

The defendant, a life-long water-skier, had approximately 20 years of accident-free experience operating jet skis on Lake Gaston. Prior to the voyage that resulted in the plaintiff’s being injured, the defendant ensured that all his passengers wore life-jackets, went over safety signals with them, and posted a safety observer/lookout aboard the jet ski to keep an eye on the raft he was towing. The parties disputed the speed of the jet ski when it entered a small cove along the shoreline. Estimates range from around 20 mph to its proceeding at a no-wake speed. What was not in dispute is that, while turning to exit the cove, the raft being towed swung wider than the defendant anticipated it would and it collided with a wooden pier. At the scene, the plaintiff was examined by paramedics, who observed some redness and swelling on her head. Although the plaintiff complained of some pain, she indicated to the paramedics that she was fine and received no treatment at the scene. Later, at her request, the plaintiff was taken to a hospital where she was examined once again, but no serious injury could be found at that time. She was never hospitalized as a result of the accident.

The defendant pled guilty to reckless operation of a vessel as part of an agreement whereby no conviction would result if he maintained good behavior for a period of time specified by the court. He did, and—as a result, the defendant never was convicted of any offense as a result of this incident.

$1.6 million

Undocumented worker suffered crush injuries to legs

Esteban Duenas v. Human Link Staffing

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Name of judge or mediator: Deputy Commissioner Angela Gibbs

Attorney for plaintiff: Michele S. Lewane, Richmond

The claimant was an undocumented worker. On Aug. 20, 2018, he suffered crush injuries to both legs from a wood press at work. Counsel argued that this claim would be a permanent total disability claim which would entitle claimant to lifetime indemnity benefits. Since claimant was undocumented, as soon as a doctor releases him to light duty (however minimal) he would no longer be eligible for lost wage indemnity benefits. Since he was healing well, there was concern that he would be released to light duty shortly which would weaken any potential permanent total disability claim. Additionally the claim was being denied with defense counsel alleging that the injuries occurred outside the course and scope of his employment.

$1.5 million

Woman paralyzed after failure to recognize back problem

Plaintiff, age 48, treated in April 2015 for osteomyelitis of her right foot. She returned to the hospital in mid-May 2015, and was diagnosed with recurrent osteomyelitis due to MRSA bacteremia. During this admission, an MRI of the thoracic spine revealed T8-T9 discitis. Infectious disease initiated intravenous antibiotic treatment for two months, which plaintiff completed at home.

In July 2015, plaintiff returned to the same hospital’s ER due to severe back pain. The ER physician found that she had severe thoracic spine pain, but he did not document her history of T8-T9 discitis. He discharged her with a diagnosis of chronic pain without further workup.

Seven days later, plaintiff returned to the ER and saw the same ER doctor. Again, he documented that she had severe thoracic pain. Again, he diagnosed her with chronic back pain again and attempted to discharge her, but she refused to leave and was therefore admitted.

Plaintiff remained in the hospital for nine days, and was evaluated by three hospitalists.

Over time, plaintiff developed flaccid paralysis of her lower extremities and lost all bowel and bladder function. After two days, she was transferred to a higher level facility. Despite multiple surgeries on her thoracic spine, as well as months of intravenous antibiotics, plaintiff remained paralyzed below the T8 level.

$1.5 million

Woman died in collision with school bus

Anthony L. Ford and Sherri L. Ford, Co-Administrators of the Estate of Gloria Ford, deceased v. School Board of the City of Hampton, Virginia and Terry D. Hudson

Type of action: Wrongful Death

Court: Hampton Circuit Court

Name of judge or mediator: Hon. Walter J. Ford (Ret.)

Attorneys for plaintiff: Catherine M. Six, Joshua J. Coe and John E. Zydron, Virginia Beach

On March 30, 2016, at approximately 4:30 p.m., 60-year-old Gloria Ford was in a motor vehicle crash with an empty school bus operated by defendant Terry D. Hudson, an employee of the School Board of the City of Hampton. Both vehicles were traveling on the same road in opposite directions. As defendant Hudson was attempting to make a left turn from Settlers Landing Road onto W. Pembroke Avenue, the bus and Ford’s vehicle collided. Defendants contested liability.

First responders arrived on scene and attempted to airlift Ford to the hospital. However, her injuries were too severe; therefore, she was taken by ambulance to the nearest hospital. She died shortly after.

Damages included $22,561.25 in funeral expenses, emergency room medical expenses and grief counseling for Ford’s children.

Ford left behind two adult children who were not financially dependent upon her.

$1.465 million

Pregnant woman a paraplegic after being shot in back

Federico v. Federico

Type of action: Intentional Tort

Court: Chesterfield Circuit Court

Attorneys for plaintiff: Christopher J. Toepp and Malcolm P. McConnell III, Richmond

At the time of this tragic event the defendant, Joshua Federico, and the plaintiff, Sarah Federico, were going through a divorce. The plaintiff, who was six weeks pregnant, was living on a Chesterfield farm with her boyfriend. Late in the evening of Aug. 24, 2018, the defendant lay in wait outside the plaintiff’s residence. When the plaintiff’s boyfriend exited the residence to let their dogs out, the defendant shot and killed him. Thereafter, the defendant entered the plaintiff’s residence and shot her while she hid in the bathroom. The defendant then held the plaintiff hostage for several hours while he attempted to clean up the crime scene. When he was finished, he shot the plaintiff a second time in the stomach. The plaintiff played dead as the defendant then transported the plaintiff’s boyfriend’s body out to a vehicle behind the home in order to remove it from the scene. The plaintiff, who had already been shot two times, then ran out of the front door of her home, through the woods, to her neighbor’s residence. As she banged on the neighbor’s back door to summon help, the defendant emerged from the woods and shot her a third time in the back, completely severing her spinal cord and rendering her paraplegic. Thankfully, her child survived and she subsequently gave birth to a healthy baby boy.

$1.425 million

Man died after sedation for outpatient endoscopy

Doe v. Roe CRNA

Type of action: Medical Malpractice
Name of judge or mediator: Hon. Robert S. Brewbaker (Ret.)

Attorneys for plaintiff: Michael W. Lantz and W. Randolph Robins Jr., Richmond

The decedent experienced cardiac arrest during an outpatient endoscopy and passed away several weeks later without regaining consciousness, leaving behind a wife and three adult children. Plaintiff contended that the nurse anesthetist negligently used large, one-size-fits-all bolus doses of Propofol to sedate the decedent before the procedure. Plaintiff contended that the decedent suffered respiratory arrest, which led to cardiac arrest shortly after the procedure began, and that the anesthetist failed to recognize warning signs that the decedent’s airway was obstructed, causing systemic shock and an anoxic brain injury. Plaintiff contended that the standard of care required Propofol to be dosed according to a patient’s weight and other risk factors for airway compromise, including a thick neck and tongue. The defendants pointed to the decedent’s undiagnosed and untreated cardiac condition as the cause of death. The defendants contended that the dosing of Propofol was appropriate given the decedent’s history of combative emergence from anesthesia and that they could not have predicted a cardiac problem that they were not informed of prior to the procedure. The defendants further contended that, retrospectively, the patient’s underlying heart condition was deteriorating rapidly before the procedure and the patient could have experienced cardiac arrest at any time.

$1.4 million

Obese woman with health issues died after anesthesia

Type of action: Tort

Attorney for plaintiff: Demetrios Pikrallidas, Fairfax

The client, a female in her mid-40s, sustained extensive injuries when the car she was traveling in flipped over. The collision was severe enough to cause the death of one other passenger in the vehicle. The client was diagnosed with a traumatic brain injury and underwent extensive medical treatment for this, as well as other associated injuries. She incurred substantial medical bills for her treatment following this incident.

Counsel consulted with multiple physicians regarding the client’s injuries, including a neurologist. He also retained the services of a life care planner. Suit was filed in this matter in the Warren County Circuit Court, and after depositions, and a full round of discovery, a settlement was successfully negotiated for the client in the amount of $1.4 million.

$1.35 million

Pain in foot results in below-the-knee amputation

Goe v. Soe

Type of action: Medical Malpractice

Attorneys for plaintiff: William E. Artz and Thomas M. Wochok, Tysons Corner

Plaintiff was in his late 40s and went to the emergency department complaining of worsening shortness of breath for three days. He also complained of numbness/decreased sensation along the anterior distribution of his left lower extremity along the l4 dermatome down to his toes. It was felt that the symptoms were related to asthma and the plan was to treat with fluids, breathing treatment and IV steriods. No pulses were checked and no imaging was ordered.

Four days later, the plaintiff returned to the ER with a chief complaint of bilateral lower extremity pain and numbness from his calves to his toes. The pain was worse with ambulation. There was no documentation that the pulses were checked. No imaging was ordered. The diagnosis was lumbar radiculopathy and acute asthma exacerbation. The patient was discharged.

Two days later, the plaintiff returned to the same ER with complaints of left calf and foot pain, numbness and swelling. There was a red area to the bridge of the foot and the entire foot felt numb. It was sensitive to touch and the pain was burning and worse with weight bearing or touching of the foot. The pain extended to the medial calf. The left foot was cool compared to the right and it was difficult to palpate pulses. Imaging in the form of CTA and DVT studies were ordered. The CTA was erroneously interpreted remotely by a “night-time” radiologist who charted that the CTA showed good patent vessels through the leg and the ultrasound was negative for DVT. The plaintiff was advised to continue with supportive treatment and follow-up with his primary care physician for recheck during the week.

The following day, the plaintiff presented to his primary care physician. He complained of grade 10 pain in his left foot. The PCP found no pulses in the left foot, bounding left popliteal pulse, blue nail beds on the left and the left foot from the mid-ankle distally was cool. The PCP formed the impression of popliteal artery aneurysm; arterial occlusion of the left lower extremity. The PCP contacted the ER as well as the radiologist on duty at that time. The radiologist reviewed the imaging and noted acute dissection with occlusion. The PCP directed that the plaintiff return to the ER immediately. He did so and was diagnosed with acute left popliteal artery dissection with distal thrombosis/emboli/arterial occlusion of the left foot. The plaintiff was transferred to a facility with a greater capability to treat the plaintiff’s extremely serious vascular condition.

The plaintiff underwent several days of TPA lysis with no improvement. He underwent a tibial thrombectomy and compartment fasciotomy with wound vac placement. Subsequent imaging suggested popliteal artery entrapment syndrome and the plaintiff underwent popliteal release. Thereafter the plaintiff experienced increased pain in his toes as well as swelling in his foot/calf. Arterial duplex showed an acute thrombus in the left distal popliteal vein. His foot showed signs of necrosis. The plaintiff underwent an angiogram of his lower left extremity with suction thrombectomy, laser atherectomy and balloon angioplasty of the left peroneal artery. The plaintiff ultimately required a below-the-knee amputation to his left leg.

$1.325 million

Doctor didn’t get consult, man died during aneurysm surgery

Type of action: Medical malpractice

Name of judge or mediator: Hon. Diane McQuade Strickland (Ret.)

Attorney for plaintiff: David J. Pierce, Virginia Beach

Decedent, age 56, was admitted to the hospital with a history of non-ischemic cardiomyopathy.  An electrocardiogram showed left bundle branch block. A cardiologist attempted the implantation of a biventricular defibrillator (pacemaker). In attempting to cannulate the subclavian vein, the cardiologist inadvertently entered the subclavian artery. The operative note demonstrated the cardiologist’s uncertainty as to the location of the wire. Notwithstanding this uncertainty, the cardiologist continued to advance wires, sheaths and leads. Following the performance of angiography, he confirmed that he had placed the devices in the arterial system rather than the venous system.  Upon attempting to remove the devices the subclavian artery was punctured. Stents were placed to repair the artery resulting in basilar artery thrombosis and stroke. The patient was transferred to another facility for the performance of a mechanical embolectomy in an effort to remove the clots. The procedure was unsuccessful and the family, at the recommendation of her physicians, withdrew life support.

The decedent was survived by her husband and three adult children. The impact of the decedent’s death on her family was amply demonstrated by a video presentation that was forwarded to defense counsel and the carrier prior to mediation.

$1.3 million

Woman runs off road, strikes car containing man resting after fall

Type of action: Medical Malpractice

Name of judge or mediator: Hon. Diane McQuade Strickland (Ret.)

Attorney for plaintiff: David J. Pierce, Virginia Beach

Decedent, age 56, was admitted to the hospital with a history of non-ischemic cardiomyopathy.  An electrocardiogram showed left bundle branch block. A cardiologist attempted the implantation of a biventricular defibrillator (pacemaker). In attempting to cannulate the subclavian vein, the cardiologist inadvertently entered the subclavian artery. The operative note demonstrated the cardiologist’s uncertainty as to the location of the wire. Notwithstanding this uncertainty, the cardiologist continued to advance wires, sheaths and leads. Following the performance of angiography, he confirmed that he had placed the devices in the arterial system rather than the venous system.  Upon attempting to remove the devices the subclavian artery was punctured. Stents were placed to repair the artery resulting in basilar artery thrombosis and stroke. The patient was transferred to another facility for the performance of a mechanical embolectomy in an effort to remove the clots. The procedure was unsuccessful and the family, at the recommendation of her physicians, withdrew life support. Plaintiff’s experts opined that while the initial placement of wires into the arterial system can occur in the absence of negligence, the defendant negligently failed to confirm that he had cannulated the vein before dilating the vessel and advancing the leads.

$1.3 million

Woman reacted to drugs after colon surgery

Thomas Jones v. Shelby Lucy

Type of action: Personal Injury

Attorney for plaintiff: Bridget N. Long, Petersburg

Jones fell into a ditch in front of his home off of Courthouse Road while walking to his mailbox. Unable to get himself up, he waved at passing cars for help and a woman stopped. She parked her vehicle in Jones’s driveway and helped him into her vehicle where he waited while she called for paramedics. The defendant, who was driving north on Courthouse Road, lost control of her vehicle, crossed over the center line and ran off the left side of the road into the vehicle Jones was sitting in. Jones was unconscious for a month after the accident and suffered fractured ribs, a fracture at C2, and a fractured foot. A Vietnam veteran, Jones had many pre-existing injuries and illnesses including PTSD. The case was settled for Virginia Farm Bureau’s limits of $1,300,000.

$1.3 million

Woman missed a year of work after blow to head at store

Type of action: Medical Malpractice

Attorneys for plaintiff: Kelly B. Martin and Eric Speer, Richmond

Plaintiff was a customer in a retail store that was undergoing renovations. A contractor was performing work above a display case when he accidentally kicked a cardboard sign that was framed with steel while climbing down a step ladder. The construction area was not roped off and there were no signs warning of overhead work. The cardboard sign, which weighed approximately 11 pounds, struck plaintiff in the head. Plaintiff was subsequently diagnosed with a mild TBI by nine medical providers. Plaintiff was working as a nurse practitioner and missed about a year of work due to her injuries. The case settled at mediation before plaintiff was deposed and before the defendants identified their expert witnesses.

$1.3 million

Indiana man died after wreck on Colonial Parkway

Type of action: Personal Injury/Wrongful Death (Auto)

Court: U.S. District Court – Eastern District of Va.

Attorney for plaintiff: Jonathan L. Thornton, Virginia Beach

Decedent and his wife were visiting the Historic Triangle from their home in Indiana and traveling to Yorktown on Colonial Parkway. Defendant driver crossed into the edge of decedent’s lane initiating contact with the front left bumper of decedent’s vehicle. Decedent, age 80, sustained internal injuries and was flown by air ambulance to Sentara Norfolk General, where he died two days later. Decedent’s wife also sustained neck and back injuries and made a full recovery. The case was filed in federal court based on diversity and federal question jurisdiction. The wrongful death and personal injury claims resolved shortly after a settlement conference conducted by the magistrate judge.

$1.22 million

Man was in single-car wreck, case resolved for insurance limits

Type of action: Wrongful Death

Attorneys for plaintiff: Matthew W. Broughton, Roanoke and Gregory D. Habeeb, Richmond

Decedent was a passenger in a vehicle involved in a single vehicle accident in Bedford County. He was survived by his wife and three minor children. The case was resolved prior to litigation for the full amount of the available insurance coverage.

$1.2 million

Man hurt after other driver ran stop sign

Type of action: Personal Injury/Auto Accident

Court: Hopewell Circuit Court

Attorney for plaintiff: John C. Shea, Richmond

On May 26, 2017, plaintiff was driving within the City of Hopewell when his vehicle was struck by a contractor from California who ran a stop sign. Initially the defendant claimed the stop sign was obscured by low-hanging tree limbs but eventually prepaid his ticket and acknowledged his responsibility for the crash.

Plaintiff was treated at John Randolph Hospital and then transferred to Chippenham Hospital where he was hospitalized for six days. Plaintiff underwent multiple surgeries to address his orthopedic injuries and was treated by 17 separate doctors and required 40 rehabilitation therapy sessions. The plaintiff had 42 diagnostic studies and was prescribed 47 separate medications. He made a good but incomplete recovery from many of his fractures and was under medical care for 23 months.

The plaintiff was retired at the time of the injury. Plaintiff was left with several areas of permanent loss of function which were evaluated by Dr. V. Robert May III. No future medical care was prescribed.

The case was settled after all discovery was undertaken with Hon. Michael C. Allen (Ret.) serving as mediator.

$1.2 million

Driver rearended at I-81 construction zone

Type of action: Personal Injury

Court: Rockbridge Circuit Court

Name of judge or mediator: Philip H. Blackburn

Attorney for plaintiff: Devon J. Munro, Vinton

Plaintiff was driving on his way to work on Interstate 81 and slowed for a construction zone. A box truck collided with him from behind. Plaintiff experienced back pain and required ongoing medical treatment, including surgeries, and suffered long-term pain and disability that took him out of work and reduced his expected future work life.

$1,158,787.60

Airman was passenger in car involved in wreck

Type of action: Personal Injury

Attorneys for plaintiff: David M. Williams Jr., Stafford

The plaintiff, a 22-year-old senior airman with the United States Air Force, was a passenger in a vehicle that was involved in a July 27, 2018, motor vehicle collision on I-64 West in New Kent County. The plaintiff’s host driver fell asleep at the wheel, rear-ended another vehicle and then left the roadway and struck a tree.

As a result of the crash, the plaintiff sustained multiple traumatic injuries including: diaphragmatic rupture, shattered spleen, liver laceration, pancreatic and mesenteric injuries, and a chance fracture of the L1 vertebra. He was admitted to VCU Medical Center for a month during which time he underwent multiple surgeries. Medical treatment after his hospital discharge was limited and consisted of a short course of physical therapy and follow up visits with military providers on base. Plaintiff made a great recovery.

The case settled for $1,158,787.60 which represented the remaining available policy limits of $1.2 million after payment of competing claims.

$1.15 million

Mechanic suffered hearing loss, tinnitus

Type of action: Industrial Injury

Court: A Virginia Circuit Court

Name of judge or mediator: Hon. Diane M. Strickland (Ret.)

Attorneys for plaintiff: John M. Cooper, Norfolk; Francis Hajek, Charlottesville

Plaintiff, a heavy equipment mechanic, suffered permanent hearing loss and tinnitus with continuing balance problems and falls. As a result of the injury and subsequent falls, plaintiff developed mild traumatic brain injury symptoms and could not return to his old job. His quality of life has been significantly diminished, especially his raising two pre-teen children as the sole custodial parent.

The primary fights were over medical causation and alleged lack of mitigation of damages by not returning to some kind of work. In the months before trial, an endolymphatic sac surgery was performed to try to lessen the vestibular problems. Though apparently successful, the operation would not likely alleviate all balance issues, according to the ear, nose and throat surgeon.

$1.15 million

Med-mal case settled prior to filing

Type of action: Medical Malpractice

Attorneys for plaintiff: Irvin V. Cantor, Stephanie E. Grana, Elliott M. Buckner and Joseph L. Cantor, Richmond

This was a medical malpractice case that settled just prior to suit being filed. The parties have agreed to keep all other matters confidential.

$1,149,561.33

With no supervision, woman who was choke risk died

Type of action: Malpractice

Attorneys for plaintiff: Derrick L. Walker and Amy S. Whitelaw, Richmond

Plaintiff’s decedent, 76, was admitted to defendant’s facility with end-stage vascular dementia, a history of multiple strokes and an active diagnosis of dysphagia. At the time of her admission, she was classified as a choke risk and placed on a modified diet order. After undergoing speech therapy, she was eventually placed on a regular diet order with a requirement that she receive no less than direct supervision with all meals.

Shortly after the change in her diet order, plaintiff’s decedent experienced a choking event which necessitated emergency medical care. Ten days after returning to the defendant’s facility, plaintiff’s decedent was found unresponsive after being permitted to consume a lunch meal without direct supervision. Plaintiff’s decedent was transported for emergency care but never recovered neurologic function. Resuscitation efforts were withdrawn and she subsequently pronounced dead.

Plaintiff’s decedent was survived by her husband, daughter and son.

The defense argued through their medical expert that plaintiff’s decedent had no more than a year and a half of remaining life expectancy due to her end stage vascular dementia. Plaintiff did not offer any expert testimony rebutting the defense’s life expectancy opinion.

$1.1 million

Surgeon’s mistake cost young woman a career as nurse

Type of action: Medical malpractice/surgical error

Attorney for plaintiff: Malcolm P. McConnell III, Richmond

The plaintiff was a 22-year-old woman who had injured her shoulder playing collegiate softball. She consulted the defendant, an orthopedic surgeon, who diagnosed her with right shoulder posterior labral tear, partial thickness biceps tendon tear and possible superior labral tear. He advised her to undergo right shoulder arthroscopy, arthroscopic biceps tenotomy, arthroscopic subpec biceps tendodesis and arthroscopic posterior labral repair. She consented and underwent the surgery.

Unfortunately, during the surgery the defendant placed a clamp on what he believed to be a tendon, and applied traction, causing it to release from its attachment. After pulling the structure loose, the surgeon realized it had not been a tendon, but it had instead been the musculocutaneous nerve. The plaintiff was referred out for nerve grafting, which she underwent approximately two weeks later. She tolerated the subsequent procedure well, and had a satisfactory recovery, but retained significant deficits.

Shortly after suit was filed, mediation was requested and the case settled at mediation, for $1,100,000 without performing any discovery.

$1.075 million

Urinary tract infection went septic, woman lost parts of limbs

Type of action: Medical Malpractice

Name of mediator: James E. Brydges Jr.

Attorneys for plaintiff: William L. Perkins III, Virginia Beach

Plaintiff, a 35-year-old mother of two, woke up in the middle of the night with severe pain in her back. She drove herself to the emergency room, where she came under the care of a board certified emergency physician. The doctor correctly diagnosed the patient with a urinary tract infection and a kidney stone, which was obstructing the ureter. She was given prescriptions for pain and antibiotics and advised to follow up with a urologist in two-four days. The plaintiff left the ER believing she would go home and pass the kidney stone. She had no sense of urgency regarding the taking of her antibiotics. The plaintiff’s pharmacy was closed as it was early in the morning. Exhausted from the pain and medication, she went home and fell asleep. By the next morning, she was suffering from altered mental status and was rushed back to the hospital in septic shock. After two weeks in a coma, she came to and as a result of the infection and gangrene, the lower part of her arm and portions of her feet were amputated. The case was settled after a day-long mediation.

$1.05 million

Girl hurt in rear-ender that killed grandfather

Type of action: Personal Injury

Attorney for plaintiff: Trent Kerns, Richmond

Plaintiff, 14, and her grandfather were on their way to lunch when their vehicle was rear-ended by defendant driver. Defendant was operating his personal vehicle insured with liability limits of $100/300. Plaintiff’s grandfather, who received fatal injuries, had relocated to Virginia five days prior to the crash to be closer to his grandchildren. Defendant was in the scope of his employment which afforded extra available insurance coverage. Plaintiff sustained numerous injuries, including a fracture to the left pubis ramus and a right zygomati-comaxillary fracture. Her medical bills were $243,488.85; but she made a remarkable recovery. The case settled for $1,050,000. A structured settlement will provide plaintiff over $1,725,000 over her lifetime.

$1.05 million

Nurse died from variety of missteps after pressure to have operation

Type of action: Medical malpractice/wrongful death

Name of judge or mediator: Hon. Diane M. Strickland (Ret.)

Attorney for plaintiff: Les S. Bowers, Charlottesville

The plaintiff was a 66-year-old nurse at the time of her death. She presented to the hospital ER (at which she was an employee) with chest pain. She was evaluated by an interventional cardiologist, who recommended a cardiac catheterization that was unindicated. Plaintiff was hesitant to undergo the procedure and wanted to discuss the decision with her daughter first. However, the cardiologist and hospitalist pressured her into agreeing to the procedure, telling her (as documented in text messages between themselves) “it’s not Burger King” and “you can’t have it your way.”

In the cath lab, the interventional cardiologist attempted to obtain femoral artery access but unknowingly obtained iliac artery access. He proceeded to stent multiple vessels, a course of action that even the hospital would later admit was below the standard of care. The cardiologist concluded the procedure by using an Angio-Seal device to seal the arterial perforation. However, he used the Angio-Seal contrary to manufacturer’s instructions; and as a result it did not deploy correctly, causing plaintiff to continue to bleed from her femoral artery into the retroperitoneal space.

The decedent ultimately received an incredible 37 units of blood products through a transfusion. Plaintiff would later expire due to acute blood loss during efforts to surgically locate and repair the bleed.

$1 million

Tug boat loaded with oyster shells ran over pleasure boat

Admiralty Maritime. Estate of Leroy Parker v. Dann Marine Towing

Type of action: Wrongful death

Court: U.S. District Court, Eastern District of Virginia

Name of mediator: Hon. Pamela S. Baskervill (Ret.)

Attorney for plaintiff: George Albiston, Norfolk

Plaintiff was the owner and operator of a pleasure boat that was fishing outside of the channel in the James River east of the James River Bridge. Defendant, a tug boat company pushing a barge loaded with oyster shells, exited the channel and ran over the pleasure boat and submerged it, resulting in plaintiff’s death.

The decedent had five adult children and no other dependents. The damages were for solace only. Plaintiff alleged that the tug boat captain was negligent in operating the vessel with restricted vision resulting from the oyster shells on the barge. There was no spotter present on the front of the barge and no video camera or video feed on the barge. Defendant captain did not know he had run over or collided with the pleasure craft until they were notified by another tug boat. Defendant, Dann Marine, filed a limitation action in federal court alleging the total value of the vessel at $500,000. As a result of the filing, all the cases resulting from the accident were to be tried within the limitation action in the federal court of the Eastern District of Virginia.

$1 million

Surgeon botched woman’s hernia repair

Plaintiff v. Surgeon

Type of action: Medical Malpractice

Attorneys for plaintiff: T. Daniel Frith III and Thomas D. ‘Bo” Frith IV, Roanoke

The plaintiff was a 71-year-old wife and mother who dealt with chronic gastroesophageal reflux disease for over two decades. In December 2015, she was admitted to the hospital and diagnosed with a diaphragmatic hernia and reflux disease. The defendant general surgeon performed a laparoscopic paraesophageal hernia repair and the plaintiff experienced significant pain immediately after the operation. The defendant surgeon ordered an upper gastrointestinal (GI) series. The radiologist who interpreted the study noted abnormalities and recommended an abdominal CT. The defendant surgeon did not order a CT scan and instead discharged the plaintiff with instructions to call his office if her pain did not improve. Two days after discharge, the plaintiff’s husband called the surgeon’s office to inform him of his wife’s continued pain. Several days later (10 days post-op), the plaintiff’s pain still had not improved. Upon admission to the emergency department, an abdominal CT revealed the hernia had reoccurred and a portion of the plaintiff’s stomach had moved up through the hiatus and into the patient’s chest cavity. The plaintiff’s stomach was perforated and she was septic. She was transferred to a larger hospital for emergency surgery. The plaintiff remained hospitalized for several weeks, suffering through multiple surgeries including the removal of her gallbladder, repair of a ruptured spleen, resection of a portion of her stomach that had died due to lack of blood flow and excision of the lower esophagus.

$1 million

Man had seizure, killed woman in head-on wreck

Estate of Dorothy Pearson v. Sormanti et. al

Type of action: Wrongful Death – Motor Vehicle Accident

Court: Loudoun Circuit Court

Name of judge or mediator: Hon. Jane Marum Roush (Ret.)

Attorneys for plaintiff: Kevin L. Locklin and Brian P. Coleman, Manassas

This wrongful death case settled at mediation two weeks prior to trial with no offers being made until the mediation. On March 7, 2017, the defendant had a medical event that caused him to cross over the grassy median and strike the decedent’s car head on, resulting in her death. The defendant’s passenger described the defendant becoming unresponsive, turning his head to the left, and shaking prior to impact. Authorities investigated the accident, but did not to charge the defendant after concluding that the accident was caused by a sudden medical emergency. The defendant had no history of prior seizures. The defendant had another seizure several weeks after the motor vehicle accident.

After extensive discovery, and work with experts, the plaintiff determined that the defendant’s medical incident was actually an alcohol withdrawal seizure.

Defendant maintained lack of notice for his sudden medical emergency defense, but was going to have significant credibility issues if the case went to trial. A witness had seen the defendant’s hand trembling about 45 minutes prior to the accident. The decedent was survived by her husband of 40+ years and two adult children. The family was still very close and ultimately came to the conclusion that they wanted to settle the case at mediation.

$1 million

Girl died after improper intubation for med overdose

Jeremy Johnson, et. al. v. United States of America

Type of action: Medical Malpractice/Wrongful Death—FTCA

Court: USDC for the Eastern District of Va. – Alexandria

Name of judge and mediator: Judge T.S. Ellis III and US Magistrate Judge Michael S. Nachmanof

Attorneys for plaintiff: Gary Brooks Mims and Matthew Perushek, Fairfax

Plaintiff’s daughter (decedent) was 16 years old and overdosed on prescription medicine in an apparent attempt at suicide. The girl’s mother found her on her bed semiconscious and called 911. She was taken to Ft. Belvoir. In the emergency department, it was determined that the medication she took was likely not fatal, but she was intubated to avoid aspiration.

While in the ED, it was decided she should be admitted to the intensive care unit for observation.

When she arrived at her room, she was reconnected to a ventilator and her O2 sats began to plummet. The respiratory therapist tried another ventilator without improvement. The hospitalist called for an anesthesiologist to perform a bronchoscopy and confirm that placement of the endotracheal tube was not the cause of her desaturation.

When the anesthesiologist arrived, about five minutes later, he suspected a tension pneumothorax, performed a needle decompression and called for a surgeon to place chest tubes. The patient’s saturation levels continued to decline, and when the surgeon arrived, he placed chest tubes and performed the bronchoscopy the anesthesiologist was originally asked to perform.

The bronchoscopy showed the endotracheal tube was in the esophagus, not the trachea.

When the endotracheal tube was repositioned, the patient’s O2 saturation levels returned to normal, but unfortunately by that time she had suffered irreversible hypoxic brain injury which resulted in her death.

$1 million

Baby died after difficult delivery

Type of action: Medical malpractice/wrongful death

Attorneys for plaintiff: Charles J. Zauzig, Melissa G. Ray and David Haynes, Woodbridge

On March 12, 2012, plaintiff – who was approximately 37 weeks pregnant – was traveling through Virginia with her husband on their way back to North Carolina. She reported having back pains and went to the emergency room. Once there, she was transferred to another hospital for OB care and came under the care of the defendant.

On March 14, 2012, a decision was made to induce labor as plaintiff had reached 38 weeks gestation. That evening, defendant placed a cervical ripening balloon to begin the inducement process. At approximately 8:14 a.m. on March 15, 2012, defendant assessed plaintiff’s progress to be 4/80/-2 and Pitocin was started at 2 mu/min. Pitocin then was incrementally increased per protocol.

Plaintiff continued to receive Pitocin until the end of the night, and baby was finally delivered at 5:07 a.m. on March 16, 2012.

At two days old, a neurologist diagnosed the baby with severe hypoxic ischemic encephalopathy. She was globally delayed in all function, had no independent function and was wheelchair dependent. Over the three years of her life, she continued to decline, and at the end required Hospice care. She died on April 2, 2015. The cause of death listed on her death certificate was “anoxic encephalopathy.”

It was plaintiff’s experts’ opinion that if the defendant had complied with the standard of care and had reduced the Pitocin at 1730 on March 15, 2012, along with instituting uterine resuscitation, the contractions would have become normal and the fetal response would have improved within 15 minutes. However, it was also plaintiff’s experts’ opinion that if these measures failed to correct the issues, then a C-section should have been discussed with the plaintiff and performed by 6:30 p.m. on March 15, 2012. If these measures had been done, the injury to the baby’s brain and her death would have been avoided.

$1 million

Michigan woman was rear-ended on I-81

Lynnette Snyder, Guardian and Conservator for Autumn Sambrano v. Finkle IV Freight and Logistics Inc., et al

Type of action: Personal Injury, Brain Injury

Court: Botetourt Circuit Court

Attorney for plaintiff: John C. Shea, Richmond

On April 7, 2017, Autumn Sambrano was a passenger in a 1990 Ford Econoline van traveling north on Interstate 81 in Botetourt County. The van had just exited a construction zone and was gaining speed when it was rear-ended by a 2015 Freightliner tractor-trailer.

The plaintiff was transported by air to Roanoke Memorial Hospital where she was hospitalized for approximately two weeks. She underwent a left decompressive craniotomy, evacuation of subdural hemorrhage, and placement of an external ventricular drain. She developed serious complications including MRSA. The plaintiff was then transported to the University of Michigan Hospital and Health Center for further inpatient care and both inpatient and outpatient rehabilitation. At the time of her injury she was a Michigan resident.

The liability carrier offered their policy limits three months before trial with little discovery undertaken.

$1 million

Carrier paid limits to settle head-on crash

Type of action: Personal Injury

Attorneys for plaintiff: Emmet D. Alexander and Michael R. Krol, Richmond

This was an automobile accident case involving a head-on collision on Happy Hill Road in Chesterfield County. The crash happened Nov. 5, 2018. The carrier, USAA, paid its policy limits of $1,000,000 to settle the claim.

$1 million

Teen was sexually assaulted at work

Type of action: Sexual Assault

Attorneys for plaintiff: Stephanie E. Grana, M. Scott Bucci and Jeffrey N. Stedman, Richmond

Plaintiff, age 17, was sexually assaulted while working. The parties have agreed to keep all other specifics confidential.

$1 million

Man suffered fracture of ankle, scarring after hardware removal

Richard Harman, III v. Patrick Shae

Type of action: Personal Injury

Court: York/Poquoson Circuit Court

Attorney for plaintiff: Jan F. Hoen, Hampton

Case settled after suit filed and expert reports submitted. Additional recovery obtained from comp lien lump sum settlement of $275,000 in addition to liability limits.

$1 million

Man’s leg, ankle injured at work by third-party company’s worker

Type of action: Personal Injury

Attorneys for plaintiff: Richard N. Shapiro and Randall E. Appleton, Virginia Beach

Plaintiff worked in quality control at a busy warehouse loading dock area and was struck from his rear by a forklift operator who was backing a Yale forklift, pinning the plaintiff’s leg under a forklift wheel, before the operator appreciated the collision and moved forward. Plaintiff sustained a fracture to the tibia and fibula of his leg, and a degloving injury resulting in an open wound around about three-quarters of his ankle circumference. Plaintiff sued the forklift operator’s employer, a third party company also doing work at the busy facility.

The plaintiff underwent orthopedic surgery with intramedullary rodding of the lower leg, and extensive suturing of the degloving ankle injury. The degloved skin surrounding the ankle was last showing signs of partially open wound along the suture line about one year post-incident, and plaintiff’s ankle wound continued to be evaluated a year and half post-incident when settlement talks were underway.

Plaintiff, age 27, had been earning about $34,000 annually and his wound care physician opined he should avoid any future jobs requiring foot controls, but refused to rule out his possible return to regular work, including his previous job in quality control. The case was settled confidentially less than a month before the scheduled jury trial.

$1 million

Condition of rental truck tires before wreck was disputed

Type of action: Personal injury

Attorneys for plaintiff: William B. Kilduff and Christopher L. Spinelli, Richmond

The plaintiff, 53, agreed to help a friend, defendant driver, with a for-hire moving project in summer 2016.

Along with defendant driver and one other, the plaintiff was to help drive the cargo truck to its destination point in Texas, unload it and drive it back to Richmond.

On July 26, 2016, defendant driver rented the 2013 Isuzu NPR cargo truck from defendant local dealer in Richmond. Defendant driver testified that he had previously complained to defendant local dealer about the cargo truck’s tendency to vibrate at high speeds.

Defendant driver testified that on the evening of the 26th, defendant driver called the corporate defendant’s service numbers and complained about the cargo truck’s tires. Accordingly two representatives came to the motel parking lot, examined the truck tires, and concluded that the tires were not worn enough to cause operational problems.

At about 6:50 am on July 29, 2016, on Interstate 10 near Mobile, Alabama, the defendant driver lost control of the cargo truck while traveling at highway speeds. The cargo truck pulled off the road to the right, crossing directly over March Road and then collided with an embankment.

As a result of the crash, the plaintiff, who was asleep at the time defendant driver lost control, suffered broken ribs, legs and back.

The plaintiff settled with the defendant driver for $125,000.00, which was the limits of his coverage, and after extended mediation efforts the plaintiff settled with both the defendant local dealer and the corporate defendant for an additional $875,000.00.

$1 million

Doctor didn’t get consult, man died during aneurysm surgery

Type of Action: Medical malpractice

Name of judge or mediator: Hon. Charles E. Poston (Ret.)

Attorney for plaintiff: David J. Pierce, Virginia Beach

Decedent, age 57, was admitted to the hospital with an encephalopathy and diagnosed with suspected carbon monoxide poisoning. A CT demonstrated an incidental mass in the brain which was subsequently diagnosed on angiogram as an anterior communicating complex aneurysm with a daughter sac. This finding prompted a consultation with an interventional neurologist. The neurologist advised the patient that he could repair the aneurysm using an endovascular approach. This would involve the advancement of wires through the femoral arteries up to the aneurysm and the placement of microcatheters, stents and coils in an effort to seal the aneurysm. While the consulting neurologist advised the patient that the aneurysm could also be treated by a neurosurgeon with an open clipping procedure, he did not recommend the procedure nor did he refer the patient to a neurosurgeon for a consultation. The patient suffered an intraoperative rupture of the aneurysm during the endovascular procedure resulting in the development of a subarachnoid hemorrhage with acute hydrocephalus and the patient’s death.

The decedent was survived by his wife and one adult son.

Plaintiff’s experts opined that the defendant neurologist negligently recommended an endovascular approach and further negligently failed to consult a neurosurgeon.

The case settled shortly before trial after the depositions of all experts.