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Judge Brett A. Kassabian

Jan 11, 2016

Child with sleep apnea died of cardiac arrhythmia after surgery – Defense Verdict

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, it was uncomplicated and the patient discharged after appropriate post-anesthesia care unit observation and evaluation. [[...]

Mar 24, 2015

Court to hear carrier bad faith case

When it comes to calling out an insurance company for bad faith, Virginia law is not clear on who makes the call – judge or jury. That split was dramatized last August in a developer’s suit against a title company, as judges within the same Fairfax County Circuit Court case split on the legal point. […]

Apr 3, 2014

Plaintiff dodges dismissal after suing wrong name

One of the first hurdles for filing a successful lawsuit is determining who to name as defendant. An error can cost the client a shot at recovery. One plaintiff who initially used the wrong name to sue a medical practice group in Northern Virginia escaped with her lawsuit intact this month, but only after a […]

Mar 24, 2014

Med-Mal Suit Survives Misnomer

A Fairfax Circuit Court reconsiders its earlier decision and says plaintiff may amend her medical malpractice suit for misnomer, as this case involves the right party before the court, albeit under the wrong name. The court overrules defendant’s plea in bar. Notwithstanding this court’s inherent right to “be inconsistent with itself,” particularly when plaintiff’s counsel […]

Dec 5, 2013

Plaintiff questioned necessity of biopsy – Defense Verdict

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 was likely due to a benign process. Both pulmonologists referred plaintiff to a thoracic surgeon, […]

Sep 30, 2013

Plaintiff’s toe developed gangrene, required amputation – Defense Verdict

The plaintiff was a 67-year-old retired Marine officer and banking executive who initially presented to the defendant podiatrist with an ulcer on the ball of his right foot which he attributed to a pedicure. The defendant took x-rays, which demonstrated severe claw toe deformities on toes two through five. These deformities caused the metatarsal heads […]

Aug 13, 2012

Sister wins $1.4M in suit against brother over mom’s estate – $1,422,523 Verdict

Plaintiff filed suit naming three defendants: 1) plaintiff’s brother in his capacity as the administrator of their mother’s estate, 2) plaintiff’s brother individually, and 3) plaintiff’s sister-in-law. The case involved the defendant brother/son obtaining funds from his parents’ trusts in violation of the terms of the trusts. The court entered judgment in favor of the […]

Jun 27, 2011

A different kind of moving violation…

A 2010 car crash case on the Beltway in Fairfax County lit up the Internet in Northern Virginia last week when some of the allegations against the defendant were publicized. The plaintiff claimed that the defendant was drunk, speeding at 85 mph and having sex at the time of the crash. Just when most readers […]

Feb 21, 2011

Lawyer beats pro se malpractice lawsuit

The slightly built woman stands, apparently alone, on a busy corner in bustling Tysons Corner, Virginia. In the video she posted on YouTube, she is dwarfed by the office buildings behind her and appears in danger of being blown over by the rush of traffic. The woman carries a battery of signs – two sandwich-style […]

Feb 21, 2011

Pro se plaintiff gets jury trial in legal malpractice case – Defense Verdict

The plaintiff initially retained the defendant attorney and his law firm in April 2005 in connection with an insurance fraud cause of action against New York Life Insurance Company and its agent, Suk-Ku Lim. The plaintiff alleged that Lim fraudulently sold her a financial instrument which would pay her $3 million dollars when, in fact, […]

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