Virginia Lawyers Weekly//June 1, 2026//
Virginia Lawyers Weekly//June 1, 2026//
$1.775 million settlement
Injuries alleged: Stroke following performance of surgery
Tried before: Jury
Date resolved: March 20, 2026
Amount: $1.775 million
Attorneys for plaintiff: Les Bowers, Charlottesville, MichieHamlett; Michael Shevlin, Shevlin Smith, Fairfax
Case description: The plaintiff experienced a severe headache leading to the performance of a head CT scan, which revealed the presence of a small subarachnoid hemorrhage located in the convexities of the right occipital lobe. As a follow-up, the plaintiff visited the defendant physician, who performed a cerebral angiogram to investigate the cause of the subarachnoid hemorrhage. The defendant correctly diagnosed the plaintiff with a 2-millimeter to 3-millimeter aneurysm located in the left middle cerebral artery. The defendant concluded that the aneurysm had previously ruptured, causing the subarachnoid hemorrhage, and recommended endovascular surgery to treat the aneurysm. During the surgery, the aneurysm ruptured, causing the plaintiff to suffer a disabling stroke.
Plaintiff alleged that her aneurysm was an incidental finding that had not ruptured previously and did not require surgery. She alleged that the cause of her subarachnoid hemorrhage was due to a condition known as a reversible cerebral vasoconstriction syndrome. RCVS is a self-limited condition that does not require surgery to treat.
The case settled after the first week of trial following the testimony of the defendant’s expert. There was no offer prior to the start of trial. The case had a notable procedural history in that it was tied to a plaintiff’s statutory cap verdict that was reversed on appeal. The second trial resulted in a hung jury.