Hampton Circuit Court

Dec 4, 2015

Amateur race driver settles claim for $3M

A weekend racetrack adventure that led to grievous injuries in 2011 produced a $3 million settlement this year after three separate insurance companies paid the limits of their policies. The result is a trust that will benefit a man who suffered permanent brain injury in a wreck during an amateur racing experience at Hampton’s renowned […]

Oct 12, 2015

Pedestrian struck in shopping center lot suffered brain injury – $500,000 Settlement

Plaintiff was walking through the Home Depot parking lot when defendant, after backing out of a parking space, made a “U-turn” and struck plaintiff, knocking her to the ground. Plaintiff sustained bruises and abrasions to her elbow and knee. Additionally, although plaintiff’s head struck neither the car nor the ground, she sustained a whiplash injury […]

Feb 23, 2015

Worker who exited vehicle was struck by racing motorist – $1,129,280 Settlement

This motor vehicle accident occurred on northbound Magruder Blvd. in Hampton on Nov. 6, 2011. The plaintiff was working her second job cleaning office buildings and driving from one work site to another in her pickup truck. A ladder fell out of the bed of her truck onto the roadway. The plaintiff stopped her vehicle […]

Jan 19, 2015

Teen involved in accident experienced ongoing pain – $60,000 Verdict

The 17-year-old plaintiff was involved in a motor vehicle collision in which she was a restrained driver on a two-lane road. A driver traveling in the opposite direction turned in front of her, causing a collision. Plaintiff’s head hit the windshield upon impact, with enough force to crack the glass. Plaintiff was seen in the […]

Dec 29, 2014

Woman died from heart disease six days after hospitalization – Motion to Strike Granted

The decedent was a 28-year-old female who presented to the emergency department of Sentara CarePlex Hospital on Feb. 1, 2011, shortly after midnight. She complained of having developed episodes of sharp subscapular chest pain (lasting about five minutes) earlier that evening with mild shortness of breath, but no diaphoresis or nausea. She was a current, […]

Dec 19, 2014

Auto accident plaintiff suffered mild traumatic brain injury – $2,500,000 Settlement

Defendants’ truck crashed into plaintiff’s van. Plaintiff suffered a mild traumatic brain injury and an aggravation of a pre-existing lumbar condition. [14-T-171] Type of action: Personal injury – automobile accident Injuries alleged: Mild traumatic brain injury, aggravation of pre-existing lumbar condition Court: Hampton Circuit Court Date resolved: Feb. 3, 2014 Mediator: Thomas Shadric[...]

Aug 25, 2014

Judges allow disclosure of medical ‘metadata’

Medical records have come a long way from the “clipboard hung on the foot of the bed,” in the words of one judge, and hospitals are increasingly being asked to turn over the digital data behind the modern electronic medical chart. The so-called “audit trail” or “metadata” embedded in the software for medical documentation can […]

Jun 13, 2014

Audit Trail Metadata Is Discoverable

In this medical malpractice case, a Hampton Circuit Court orders defendant hospital to provide its Policies and Procedures Manual, as well as the requested Audit Trail, including metadata. Many Virginia circuit courts have ruled on this issue within the last 30 years. One most prolific writer has been Justice Donald W. Lemons of the Virginia […]

Feb 11, 2014

Bar Complaint Dismissed on Joint Motion

On a joint motion by the parties, a Hampton Circuit Court dismisses with prejudice the Virginia State Bar’s complaint against respondent lawyer; because of the unique circumstances of this case and respondent’s evidence that he acted reasonably and in good faith to determine the validity of the complainant’s claim, the bar does not believe it […]

Feb 25, 2013

Hampton jury awards $25M in med-mal case

A Hampton jury has returned a record-setting $25 million verdict to a Mathews County man who suffered a massive heart attack after a cardiologist failed to detect an artery blockage. The award appears to be the largest personal injury award out of Hampton, and the largest medical malpractice verdict in Virginia state court. Attorneys for […]

Feb 25, 2013

Failure to detect heart condition nets record verdict in Hampton – $25,000,000 Verdict

On the morning of Jan. 31, 2010, the plaintiff, Christopher Denton (then age 37), experienced a sudden onset of chest pain, shortness of breath, sweating and jaw pain. His wife called 911 and he was taken to Riverside Walter Reed Hospital where he was admitted. Plaintiff’s EKGs were read as normal and his Troponin levels […]

Jan 21, 2013

Family doc did not send teen to ER after stroke diagnosis – $3,500,000 Verdict

The plaintiff, an 18-year-old woman, scheduled an appointment with her family doctor due to her symptoms of tingling in her right arm, a tongue that felt “asleep,” a headache and the inability to feel her right leg. During her appointment at the office of her family doctor, a nurse practitioner saw the plaintiff. After examining […]