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Judge John E. Wetsel Jr.

Apr 12, 2021

Shenandoah County school name challenges dismissed

An effort to reverse the decision by the Shenandoah County School Board to retire the names of two public schools named after Confederate veterans has failed. In the case, Alger v. Shenandoah County School Bd., Shenandoah County Circuit Judge John E. Wetsel Jr. sustained the school board’s demurrer and dismissed the petitioners’ complaint with prejudice. […]

May 19, 2014

Speech unleashed: Defamation claim against planning official dismissed

A local planning commissioner has immunity from a defamation suit filed by a lawyer who was seeking approval for a dog rescue operation, a Virginia circuit court says. The commissioner lived less than a mile from the proposed kennel and was critical of the proposal and the permit applicants, in comments to a local newspaper […]

Jan 10, 2014

Surgeon cut common bile duct instead of cystic duct – $750,000 Verdict

Plaintiff was admitted to Winchester Medical Center on Aug. 13, 2010, for a laparoscopic cholecystectomy. The defendant identified the gallbladder and grasped it by its fundus. The gallbladder was retracted in a cephalad direction and a second grasper was then used to retract the infundibulum laterally. The defendant dissected around the triangle of Calot and […]

Dec 16, 2013

Plaintiff claimed retained IUD led to years of abdominal pain – Defense Verdict

Plaintiff underwent placement of a Mirena intrauterine device (IUD) at defendant OB/GYN practice in September 2006. On March 29, 2007, she presented to Shenandoah Memorial Hospital emergency department complaining of lower abdominal and pelvic pain. Work-up was negative for ectopic pregnancy but ultrasound examination together with x-ray studies revealed that the IUD had perforated the […]

Jul 25, 2013

Stay-home dad protests custody denial

A man who was “Mr. Mom” to his four sons after he lost his job in 2009 said a divorce court’s award of custody to his wife violated his right to equal protection, but the Virginia Court of Appeals disagreed. Joseph Wiencko Jr. was a mechanical engineer who served as a consultant to the telecommunications […]

Dec 31, 2012

Patient suffered necrotizing fasciitis after orthopedic surgery – Defense Verdict

On July 30, 2008, plaintiff, a 350-pound, 22-year-old man with pre-existing venous stasis issues, was in a single-vehicle motorcycle accident and admitted to the hospital for a broken left tibia and fibula, and other trauma injuries. The patient underwent closed reduction internal fixation and rodding of the left leg that night. On Aug. 4, 2008, […]

Oct 25, 2012

Plaintiff argues docs should have recommended a mammogram – Defense Verdict

Plaintiff’s decedent was seen by the providers at the defendant family practice over an approximately 22-year span. This care was episodic and occurred only when the decedent was ill or injured. At no time was the patient ever counseled by the healthcare providers, which included three physicians and three physician assistants, to return for a […]

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