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Tag Archives: Judge Brett A. Kassabian

Taxpayer failed to show assessments were erroneous (access required)

Where a taxpayer fails to show that county assessments were not arrived at in accordance with generally accepted appraisal practices, the county’s assessments stand and the taxpayer’s request for relief is denied. Background Petitioner alleged Fairfax County erroneously assessed land ...

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Counsel deficient, but defendant not prejudiced (access required)

Defendant Kearns filed a petition for habeas relief, alleging ineffective assistance of counsel. The court held that, while his counsel was deficient, Kearns had not demonstrated prejudice. As such, it dismissed his habeas petition. Background Lee Allen Kearns was guilty ...

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Man died during heart surgery – Defense Verdict (access required)

William Johnson, age 51, had longstanding cardiac arrhythmia resulting in cardiomyopathy and a severely reduced ejection fraction (29 percent). In February 2015, he underwent an endocardial ablation procedure in an attempt to cure the arrhythmias. The procedure failed. On March ...

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Man died during heart surgery – $7,000,000 Defense Verdict (access required)

William Johnson, age 51, had longstanding cardiac arrhythmia resulting in cardiomyopathy and a severely reduced ejection fraction (29 percent). In February 2015, he underwent an endocardial ablation procedure in an attempt to cure the arrhythmias. The procedure failed. On March ...

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Child with sleep apnea died of cardiac arrhythmia after surgery – Defense Verdict (access required)

On Oct. 31, 2013, plaintiff’s decedent, a 5-year-old male with history of chronic severe obstructive sleep apnea underwent a tonsillectomy and adenoidectomy surgery (T&A) to seek relief from the ongoing obstructions in the airway. The patient tolerated the procedure well, ...

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Plaintiff questioned necessity of biopsy – Defense Verdict (access required)

Plaintiff, an attorney, saw her primary care provider after experiencing flu-like symptoms. A chest CT scan showed worrisome mediastinal lymphadenopathy. Plaintiff went to two pulmonologists, who could not tell her the cause of her lymphadenopathy, although both felt that it ...

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