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The Supreme Court of Virginia certifies Eighth Circuit vacancy
The Supreme Court of Virginia certified a pending judicial vacancy in the Eighth Judicial Circuit, stating the vacancy “should be filled in the manner prescribed by law.” The high court announced the certification on Jan. 12 in a letter to Virginia Lawyers Weekly. The vacancy will be created by the retirement of Hampton Circuit Court […]
Woman’s bladder injured during hysterectomy – $1,010,910 Verdict
Plaintiff, a 48-year-old female, underwent a laparoscopic hysterectomy, later converted to an open procedure, on Oct. 3, 2013, performed by the defendant OB-GYN and his partner. In the three days following surgery, plaintiff was unable to void, with suspicion of a bladder or ureteral injury. On Oct. 6, 2013, after an inconclusive cystogram on Oct. […]
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 […]
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 […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
