Virginia: Medical Malpractice – A Lawyer’s FTCA

By 63-page Memorandum Opinion on July 23, 2019, a Virginia Federal Court gave its factual findings and legal conclusions supporting a $2,200,000.00 verdict in a medical malpractice suit under the Federal Tort Claims Act (“FTCA”). The trial judge found inter alia that Defendant’s primary otolaryngologist standard of care expert (Dr. David A. Bianchi) “displayed a lack of neutrality that undermined his credibility,” exemplified “apparent partisanship,” was “speculating – without any apparent basis,” testified “more of advocacy that of neutral expertise,” and was “not fully reliable”. See, 35-26 n.26. The case is Allan v. United States of America, No. 1:18-cv-82 (LMB/MSN) in United States District Court, Eastern District of Virginia, Alexandria Division.