A physician who failed to appear for a deposition has avoided a contempt charge, but lawyers who advised the doctor to stay away have been cited for contempt by a Fairfax Circuit Court judge. In an effort to keep the ...

Tagged with: Fairfax County Circuit Court Judge Jan L. Brodie Medical Malpractice Sanctions Virginia State Bar

A woman’s emotional distress over delayed diagnosis of her breast cancer supported a jury award of $2.65 million, a Fairfax Circuit Court has ruled. A radiologist conceded she had failed to spot the cancer on the woman’s mammogram. During the ...

Tagged with: Medical Malpractice

A Richmond Circuit Court says certain allegations will be “deemed admitted” under Rules of Court because defendant’s discovery responses stated an attached exhibit of medical record “speaks for itself.” In this medical malpractice case, plaintiff’s complaint references 20 attached exhibits ...

Tagged with: Judge Melvin R. Hughes Jr. Medical Malpractice Richmond Circuit Court Virginia Circuit Courts

A widow’s survival action for medical malpractice against Virginia Surgical Associates P.C. (VSA) is saved by the tolling provisions of Va. Code § 8.01-229(E)(3), the Supreme Court of Virginia says; her survival action arises out of the same cause of ...

Tagged with: Justice Charles S. Russell Medical Malpractice Supreme Court of Virginia

A 60-year-old patient presented to defendant neurosurgeon with severe cervical stenosis, spinal cord impingement, and related gait, balance and sensory problems. The patient also had a 40-year history of uncontrolled diabetes and related polyneuropathy, as well as C5 radiculopathy related ...

Tagged with: Judge James R. Swanson Medical Malpractice Million-Dollar Defense Verdicts Roanoke County Circuit Court

Plaintiff was a bariatric patient who underwent gastric bypass surgery. The surgery was a laparoscopic procedure performed with the assistance of a da Vinci robot. The purpose of the procedure was to create a small stomach pouch, about the size ...

Tagged with: Medical Malpractice Million-Dollar Settlements

The plaintiff’s decedent was a 57-year-old-woman who suffered from diabetes, but otherwise enjoyed good health. In July 2010, she presented to her primary care physician’s office with complaints of three days of nausea and vomiting, diarrhea and an inability to ...

Tagged with: Medical Malpractice Million-Dollar Settlements Wrongful Death

In September 2008, plaintiff injured his knee. After his doctors cleared him for surgery, Dr. Russ performed a total knee replacement at Lonesome Pine Hospital on June 1, 2009. The knee replacement was successful. After plaintiff’s epidural block was removed, ...

Tagged with: Judge John C. Kilgore Medical Malpractice Million-Dollar Defense Verdicts Wise County Circuit Court

Capt. Andrew Cibula and Jennifer Cibula, parents of JC, sued the United States of America alleging that Navy physicians mismanaged Mrs. Cibula’s first pregnancy, thereby causing JC to suffer a catastrophic brain injury shortly before birth. Mrs. Cibula was taking ...

Tagged with: Federal Courts Judge Gerald Bruce Lee Medical Malpractice Million-Dollar Settlements Tort

After six years and two federal appeals, the family of a child who suffered brain damage from a birth-related injury has reached a $25 million settlement with the U.S. Government. Jennifer Cibula, her husband, Capt. Andrew Cibula and their minor ...

Tagged with: Federal Courts Judge Gerald Bruce Lee Medical Malpractice Million-Dollar Settlements Tort