Virginia Lawyers Weekly VA Lawyers Weekly

A Norfolk Circuit Court says after researching the authority of a circuit court judge to reduce the amounts of liens, including those claimed by public hospitals, and to apportion recovery, including a negotiated settlement, between a plaintiff, the plaintiff’s attorney, ...

Tagged with: Judge Louis Allen Sherman Negligence Norfolk Circuit Court Virginia Circuit Courts

A nonsuited personal injury suit refiled as a wrongful death suit with additional defendants and an increased ad damnum may seek additional damages, but the claims against the additional defendants are time-barred, the Norfolk Circuit Court says. Defendants raise two ...

Tagged with: Judge Karen J. Burrell Medical Malpractice Norfolk Circuit Court Virginia Circuit Courts

In a plaintiff’s products liability suit alleging injuries from use of a “firepot” and “FIREGEL” sold at national housewares chain store, the Roanoke U.S. District Court grants the chain’s motion to file a third-party complaint against companies that produced and ...

Tagged with: Judge Michael F. Urbanski Products Liability U.S. District Court - Western District

A woman who tripped over a pallet that supported a doughnut display can try her negligence claim against defendant store; a Charlottesville U.S. District Court denies the store’s summary judgment motion claiming the hazard was open and obvious. Each of ...

Tagged with: Judge Glen E. Conrad Negligence U.S. District Court - Western District

In this suit by two Rite-Aid employees who allege personal injury from a refrigerant gas leak in an ice cream freezer unit at their workplace that was serviced by defendant NexTech Northeast LLC, an Alexandria U.S. District Court grants defendants’ ...

Tagged with: Judge Gerald Bruce Lee Negligence U.S. District Court - Eastern District

A plaintiff’s assertion that defendant driver pleaded guilty to a traffic infraction but now contests liability in this auto-accident personal injury suit has not shown a substantial need to obtain a copy of the transcript or tape of defendant’s interview ...

Tagged with: Judge Craig D. Johnston Negligence Prince William County Circuit Court Virginia Circuit Courts

A Fairfax Circuit Court upholds a jury award to a woman who alleges defendant radiologist failed to diagnose her with Stage I or II breast cancer after reading her mammogram, so that her cancer progressed and reduced her chance of ...

Tagged with: Fairfax County Circuit Court Judge Jonathan C. Thacher Medical Malpractice Virginia Circuit Courts

A Richmond Circuit Court says certain allegations will be “deemed admitted” under Rules of Court because defendant’s discovery responses stated an attached exhibit of medical record “speaks for itself.” In this medical malpractice case, plaintiff’s complaint references 20 attached exhibits ...

Tagged with: Judge Melvin R. Hughes Jr. Medical Malpractice Richmond Circuit Court Virginia Circuit Courts

A widow’s survival action for medical malpractice against Virginia Surgical Associates P.C. (VSA) is saved by the tolling provisions of Va. Code § 8.01-229(E)(3), the Supreme Court of Virginia says; her survival action arises out of the same cause of ...

Tagged with: Justice Charles S. Russell Medical Malpractice Supreme Court of Virginia

A woman’s suit against the manufacturer of the LAP-BAND medical device for surgical weight loss is preempted  by the Medical Device Amendments to the FDA and is dismissed by the Alexandria U.S. District Court. The LAP-BAND is a Class III ...

Tagged with: Judge Gerald Bruce Lee Products Liability U.S. District Court - Eastern District