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On February 26, 2015, the Virginia Supreme Court handed down Brown v. Jacobs, No. 140270. It upheld the dismissal with prejudice without leave to amend of a wrongful death claim against a lawyer by a legal process server’s widow in Rockingham Circuit Court. Id. at...

On March 4, 2015, Mr. Waterman settled with Safeco Insurance a 3-vehicle collision that occurred on Francis Street in Williamsburg, Virginia. A Williamsburg pick-up truck driver, who was cited for following too closely, rear-ended a Barhamsville driver’s pick-up truck, knocking it into the victim Williamsburg...

On February 23, 2015, the United States Supreme Court denied writ of certiorari in Wurtz v. The Rawlings Co., LLC, 761 F.3d 232 (2d Cir. 2014), cert. den. No. 14-____ (Feb. 23, 2015). Significantly, that denial upheld the opinion by the Second Circuit Court of...

A healthcare provider’s violation of the Health Insurance Portability and Accountability Act of 1966 (“HIPAA”) may import medical malpractice liability to its patient. Significantly, a healthcare provider’s HIPAA violation increasingly may import administrative financial liability to the Federal government – and even criminal liability –...

On February 25, 2015, Plaintiff’s Motion to Compel Discovery against All Defendants was heard in Mr. Waterman’s medical malpractice case for alleged wrongful death, Joanne T. Rauchfuss, Administratrix of the Estate of George William Rauchfuss, Jr., Deceased v. Roger E. Schultz, M.D., Hampton Roads Urology,...

The Virginia Supreme Court’s refusal to grant Defendant’s Petition for Appeal in the $6,500,000.00 patient fall case of Med. Facilities of America XLVIII v. Crouse, Order, No. 130838 (Oct. 2, 2013) reh. denied (Jan. 21, 2014) is noteworthy. The underlying Circuit Court nursing home case...

This week Plaintiff lawyers in Federal Court reached $2,990,000.00 personal injury settlement with the City of Richmond, Virginia, for its role in failing to maintain the Richmond City Jail within constitutional standards. This 42 U.S.C. §1983 civil rights case before Judge Payne is Woodson v....

By Unpublished Order on January 30, 2015, the Virginia Supreme Court in Landini v. Bil-Jax, Inc., affirmed the dismissal with prejudice of a personal injury lawsuit by the Circuit Court for Powhatan County, Virginia. It held that the suit was time-barred because Plaintiff failed to...

On February 10, 2014, a 3-Justice Writ Panel of the Virginia Supreme Court heard oral argument on Petitions for cross-appeal in Shoukas v. Rizk, No. 141335, and Rizk v. Shoukas, No. 141338. The underlying medical malpractice suit for wrongful death in Circuit Court resulted in...

The February 2015 issue of Trial, the monthly magazine of the America Association of Justice (“AAJ”), highlights a significant new medical malpractice law development in “NEW DESTINATIONS FOR SHIPBOARD MALPRACTICE”. Id. at 38-44. “Medical malpractice claims against cruise lines recently gained new wind when the...

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for February 2015 marquees “TRANSPORTATION”. Four of this Trial’s five lead articles cover vehicle accidents: “THE DEADLY IMPACT of Exploding Air Bags,” id. at 16-21;...

Mr. Waterman recently filed companion declaratory judgment actions in Circuit Court for the City of Newport News, Virginia, Patrick Lee Cherrie, Administrator of the Estate of Gerda A. Harvey, Deceased v. Virginia Health Services, Inc., No. CL1403234F-15, and Hubbard A. Davis, Executor of the Estate...

The Winter 2015 issue of The Trial Lawyer, the National Trial Lawyer’s Top 100 Trial Lawyers’ quarterly magazine, features 6 stories on special cases of produce liability – 3 about pharmaceutical manufacturers, 1 about power morcellators, 1 about electronic cigarettes, and 1 about chemicals. They...

The Trial Lawyer is the quarterly journal of The National Trial Lawyers Top 100 Trial Lawyers. Its issue for Winter 2015 publishes three articles about vehicle accidents. The Trial Lawyer’s first is “PART TWO: SECRET DEFENSE TACTICS IN INTERSTATE TRUCKING LITIGATION; HOW DOES YOUR LAW FIRM...

In a notorious case of hit-and-run in Richmond in 2012, a motorist struck and killed a bicyclist who lawfully was riding on a public road. In 2013, the wrongful death lawsuit of the victim’s family was settled by Richmond lawyers for a mere $100,000.00 –...

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for January, 2015, features “PRESENT THE WHOLE PICTURE IN STROKE CASES,” sub-headed “Neuroimaging, experts, and detailed chronologies are crucial to showing the jury that...

On January 20, 2015, Mr. Waterman is guest speaker of the Greater Peninsula Women’s Bar Association (“GPWBA”) in Newport News. His topic is “’It’s Privilege, Judge’: In Fact, Actually Not!,” subtitled “Medical Malpractice ‘Privilege’ Law”. Mr. Waterman’s speech to GPWBA debunks “privilege” claimed by the defense...

Va. Code §8.01-20.1 and §8.01-50.1 impose expert certification requirements on medical malpractice victims. However, the Oklahoma Supreme Court struck down as unconstitutional a “medical expert affidavit” statute in Zeier v. Zimmer, Inc., 152 P.3d 861 (Okla. Dec. 19, 2006) and a legal expert affidavit statute...

On December 12, 2014, the Virginia Supreme Court entered an unpublished Order in Herring v. Johnson, No. 140417, reversing and remanding the two-car crash case for retrial on damages only. Id. at 5. Defendant had rear-ended Plaintiff, admitted liability, and contested damages at trial. Id....

On January 8, 2014, the Virginia Supreme Court issued Hyundai Motor Co., Ltd. v. Duncan, No. 140216, a special case of single-vehicle accident product liability for auto airbag design. Hyundai reversed a Pulaski County jury verdict for $14,140,000.00, finding Plaintiffs’ sole expert design defect opinion...

Wikipedia chronicles that an event data recorder (“EDR”) is a “simple, tamper-proof, read-write memory device” that is installed in most recent automobiles to record crash-related information, an estimated 85% as of 2010. It is similar to the “black box” in airplanes. Id. The National Highway Traffic...

Washington Lawyer is the official journal of the District of Columbia Bar. Its issue for January, 2015, features, “Confusion Over D.C. Bike Laws Leads Many to Ask: Who’s at Fault?” Id. at 38-39, 46. That Washington Lawyer article notes Washington, D.C., Virginia, Maryland, North Carolina, and...

On December 29, 2014, Virginia Lawyers Weekly featured “Most Important Opinions: A Recap of January-December 2014”. It highlights 4 medical malpractice opinions obtained by Mr. Waterman across Hampton Roads. Id. at 22-24. Virginia Lawyers Weekly headlines: “Discovery Ordered for Hospital Risk Manager Notes,” Rauchfuss v. Schultz,...

The current [2013] statistical Car Traffic Crash Facts of Virginia’s Department of Motor Car (“DMV”) highlights the increasing involvement of speeding in fatal vehicle accidents. Despite overall vehicle crash fatalities decreasing last year, speed-related deaths increased almost 10% in 2013, with almost 50% of all...

Since 2008, the Centers for Medicare & Medicaid Services of the United States Department of Health & Human Service have targeted hospital patient “falls and trauma” as a selected hospital-acquired condition, i.e., a so-called “Never Event,” for which it does not reimburse hospitals. The Agency...

The Virginia Department of Motor Cars (“DMV”) publishes its Car Traffic Crash Facts annually. Its current [2013] edition underscores the increasing significance of alcohol in deadly vehicle crashes. In 2013, although overall vehicle crash deaths decreased in Virginia, alcohol-related crash fatalities increased more than 10% from...

On December 12, 2014, the Virginia Supreme Court issued its unpublished per curiam Order in McFadden v. Kiernan, Record No. 140369. It is a medical malpractice case involving disputed expert testimony. In McFadden, plaintiff patient objected to and appealed defendant doctor being permitted to testify as...

Trial is the monthly magazine for American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its issue for December, 2014, is entitled “Civil Rights”. December Trial’s 4 lead articles are: “Tips for Representing LGBT Clients,” subheaded “Sensitivity and knowledge are key to advocating for...

On December 4, 2014, Mr. Waterman settled the personal injury claim of a Hampton motorist arising out of a two-car crash on Maxwell Lane at the intersection of Warwick Boulevard in Newport News, Virginia. The offending Newport News motorist ran a red light and broadsided...

On December 11, 2014, Mr. Waterman settled without filing suit a car accident case involving an offending Newport News driver and a victim pedestrian, who initially was treated at Sentara Williamsburg Regional Medical Center and then followed with Williamsburg Foot and Ankle Specialist, Reach O&P...