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Judge Gary A. Mills

Apr 9, 2021

COVID-19 claim is med-mal case

Where an elderly patient died after contracting COVID-19 in defendant hospital’s senior care facility, her estate’s claim is a medical malpractice case. Defendant’s motion to dismiss for lack of expert certification is granted. Background Goodwin, an 81-year-old woman, was a patient at the Orchard, a senior care facility owned by defendant Patrick Henry Hospital. Elisha […]

Mar 6, 2020

Allstate balks at settlement conference, negotiations – $62,000 verdict

This case was ordered to a settlement conference by the state court. Allstate refused to send an insurance company representative to the settlement conference; they sent only their lawyer, but refused to give their lawyer any authority. As such, he came to the settlement conference with $14,226.00 of authority and could not get any more […]

Nov 20, 2019

Evidentiary hearing conducted for actual innocence claim

Where petitioner seeks to overturn his convictions arising from an assault of a co-worker by petitioning for a writ of actual innocence based on nonbiological evidence, the court has taken testimony and cross-examination of witnesses as ordered by the Court of Appeals. Several of the witnesses gave credible testimony. One witness’s testimony in particular “makes […]

Dec 14, 2015

Court Rules on Discovery Dispute

In this discovery dispute in a medical malpractice case, a Newport News U.S. District Court denies defendant hospital and healthcare association’s motion for sanctions, and encourages both parties to act with civility. Defendants need not respond Supplemental Interrogatory No. 27, or its corresponding Request for Production No. 27, as its multiple subparts cause plaintiff to […]

Oct 26, 2015

Court Compels ‘Instructor’ Testimony

In this medical malpractice action, testimony by personnel responsible for the instruction of defendant hospital’s employees is sufficiently relevant to ultimate issues in this case and reasonably intended to unearth admissible evidence, and the Newport News Circuit Court grants plaintiff’s motion to compel. This letter is to clarify my order entered in this matter concerning […]

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