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Medical Malpractice

Nov 20, 2023

Jury returns defense verdict in favor of gastroenterologist

The patient presented to the defendant gastroenterologist on Dec. 12, 2016, complaining of constipation. She had a longstanding history of irritable bowel syndrome, as well colon resection surgery years earlier for severe diverticulitis.

Nov 13, 2023

Adequate anesthesia not provided during C-section — $2.5M verdict

The plaintiff was laboring with her first child when the baby’s heart rate plummeted. The OB determined an emergency C-section was necessary and the team was summoned.

Nov 13, 2023

Woman suffers nerve injury, pain after dental procedure — $550,000 settlement

The plaintiff, a female dental patient in her 30s, presented to an oral and maxillofacial surgeon for evaluation of her three wisdom teeth (numbers 16, 17 and 32). Radiology showed the lower third molars (17 and 32) were in very close proximity to the inferior alveolar nerve (IAN), so extractions presented a high risk of nerve injury.

Nov 6, 2023

Man’s fall after knee surgery resulted in MRSA infection — defense verdict

The plaintiff underwent total knee arthroplasty in August 2016. Three weeks later, he returned to see the defendant due to wound drainage after a reported fall. The defendant recommended wound care and close follow-up.

Oct 30, 2023

Breathing tube placed in esophagus, not trachea — $5M verdict

This wrongful death case arising from medical malpractice involved care provided at Southern Virginia Regional Medical Center in Emporia. The decedent, 50, was rescued by first responders from a house fire.

Oct 15, 2023

Nursing home resident broke femur in shower fall — $315,000 settlement

Doe, age 64, was admitted to Woe Nursing Home in 2016 with a seizure disorder and prior stroke and was assessed as being cognitively impaired. Doe required extensive assistance for her activities of daily living with one to two staff member assistants due to her stroke and left-sided paralysis.

Oct 15, 2023

Acute renal failure follows woman’s hysterectomy — $1.5M settlement

The plaintiff, age 36, went to see the defendant gynecologist with complaints of chronic pelvic pain and was diagnosed with chronic pelvic pain and stage II endometriosis.

Oct 8, 2023

Jury returns defense verdict following six-day trial

Type of action: Medical malpractice Injuries alleged: Thoracic outlet syndrome and occipital neuralgia Court: Fairfax County Circuit Court Case no.: 2020-9335 Tried before: Jury Name of judge or mediator: Judge Tania M.L. Saylor Date resolved: 5/10/2023 Demand: $5,000,000 Verdict or settlement: Verdict Amount: $0 (defense) Attorneys for defendant: Paul T. Walkinshaw and Timothy D. Fisher, [&hellip[...]

Oct 2, 2023

Cauda equina syndrome developed after procedure — $625,000 settlement

Type of action: Medical malpractice Injuries alleged: Improper performance of thoracic kyphoplasty resulting in emergency hospitalization, development of cauda equina syndrome and surgical intervention Date resolved: 3/22/2023 Verdict or settlement: Settlement Amount: $625,000 Attorneys for plaintiff: Travis W. Markley, Richard L. Nagle, James N. Knaack and Benjamin M. Wengerd, Reston Description [...]

Sep 25, 2023

Man died from pancreatic cancer after delayed response — $1.8M settlement

Type of action: Medical malpractice Injuries alleged: Failure to respond to elevated pancreatic tumor markers, leading to significant delay in diagnosis and treatment and resulting in untimely death Date resolved: 3/16/2023 Verdict or settlement: Settlement Amount: $1,800,000 Attorneys for plaintiff: Travis W. Markley, Richard L. Nagle, James N. Knaack, Benjamin M. Wengerd and Heather E. […[...]

Sep 19, 2023

Woman claims hospital did not offer appropriate exam

Where a woman alleged that she went to a hospital emergency room with infected sores and a variety of symptoms, but that she did not receive the type of screening that the hospital would ordinarily conduct for patients with the same symptoms, she plausibly alleged a claim for violation of the Emergency Medical Treatment and […]

Sep 10, 2023

Low potassium led to cardiac arrest, death of patient — $1M settlement

Type of action: Medical malpractice Injuries alleged: Failure to correct low potassium resulting in cardiac arrest and death Date resolved: 5/25/2023 Verdict or settlement: Settlement Amount: $1,000,000 Attorneys for plaintiff: Brewster S. Rawls and Harrison W. Long, Richmond Description of case: A 55-year-old married woman and mother of adult children was brought to the hospital […]

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