Winchester Circuit Court

Oct 31, 2022

Woman died after pulmonary embolism — $1,653,369.86 verdict

Type of action: Medical malpractice Injuries alleged: Failure to order DVT prophylaxis for a patient following orthopedic repair of traumatic leg injury, resulting in pulmonary embolism and death Name of case: Lori and Danielle Norfleet, Co-Administrators of the Estate of Nicole Norfleet, Deceased v. Valley Physician Enterprise, Inc. Court: Winchester Circuit Court Case no.: CL21-410 […]

Dec 13, 2019

Claims dismissed in adoption case

Where plaintiffs’ complaint against individual defendants in this adoption case arises from the Shenandoah County Department of Social Services alleged failure to share all relevant information about the child with the adoptive parents, the court sustains the demurrers of two individual defendants. Background In a related case, the court found that sovereign immunity barred any […]

Feb 12, 2018

Parties contested plaintiff’s TBI from rearender – $1.4 Million Settlement

Plaintiff’s and defendant’s vehicles were stopped at a red light. Defendant’s vehicle was immediately behind plaintiff’s vehicle. When the light turned green, defendant vehicle drove his car forward into the rear of plaintiff’s vehicle. Plaintiff claimed that she sustained a traumatic brain injury. This claim was hotly contested. Plaintiff had been on social security disability […[...]

Oct 19, 2016

Estate sued radiologists for missing occluded artery – Defense Verdict

On Jan. 19, 2010, at 11 p.m., Paulette Eversole, 43, presented to the Winchester Medical Center emergency department complaining of 10/10 abdominal pain and vomiting since earlier that evening. She reported to the ER physician that the abdominal pain had been on and off for the past six months and consistently came on after she […]

Sep 5, 2016

Plaintiff alleged failure to seek timely emergency medical help – $700,000 Settlement

This case arises from the death of a 42-year-old participant in a tax exempt § 501(c) community rehabilitation program or sheltered workshop. The decedent was known by the program to have a history of seizures and it had internal protocols requiring program staff to call 911 in the event of a seizure lasting longer than […]

Aug 22, 2016

Death case settled with big motion pending

Lawyers facing a court ruling on a novel point of law – with appeals certain to follow – managed to resolve a wrongful death claim with a $700,000 settlement last month. The issue was whether a participant in a sheltered employment program was bound by workers’ compensation rules after he died from a workplace seizure. […]

Dec 21, 2015

Docs claimed post-surgery bleeding was acute, not slow – Defense Verdict

Plaintiff alleged that the decedent suffered a slow bleed beginning shortly after cardiac bypass surgery, that nurses failed to appreciate same over the course of 10 hours, and that the decedent suffered cardiac arrest and brain injury as a result. The defendants argued that the decedent suffered a sudden acute bleed within minutes of his […]

Nov 2, 2015

Plaintiff: Aneurysm should have prompted immediate surgery – Defense Verdict

The decedent, a 58-year-old male, presented to the emergency department on Sept. 11, 2013, at approximately 8:30 a.m. with a chief complaint of chest pain. He reported sudden onset the day before after wrestling with friends and then attempting to lift a 10-pound box at home. Past medical history was significant, including coronary artery disease […]

Sep 14, 2015

Private club that broke its own rules reorganized

When a member of a private sportsmen’s club in Winchester sought to reform the club’s business practices four years ago, leaders had the member voted out based on a trumped-up safety violation, a lawsuit claimed. But in a final order signed in June, a judge ordered the club reorganized and the complaining member reinstated. The […]

Sep 12, 2014

Plaintiff claimed permanent leg injury from skin cancer – Defense Verdict

Plaintiff was treated at defendant’s dermatology practice from 2005 to 2010 for leg ulcerations, squamous cell carcinoma and basal cell carcinoma. Defendant performed multiple biopsies, injections, ED&Cs and eventually Mohs procedures. Plaintiff alleged that defendant’s failure to diagnose and provide timely and appropriate treatment led to a recurrence of the cancer, necessitating surgery[...]

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 […]