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The February 2021 issue of Trial reports 4 vehicle accident cases in its “Verdicts & SETTLEMENTS”. First is “Failure to yield right of way,” a $450,000.00 Washington settlement in 2020. Id. at 10. “SUV driver strikes pedestrian” marquees a $3,500,000.00 settlement in 2020. Id. at...

By Order for Examination Pursuant to Rule 4:10 entered February 4, 2021, Circuit Court for Prince William County, Virginia, subjected defense neuropsychological examination of the Plaintiff personal injury victim to the following conditions: Plaintiff can choose an independent location other than the expert’s office or...

By Order entered January 29, 2021, Circuit Court for Albemarle County, Virginia, granted Plaintiff’s Motion to Exclude Testimony and Opinions of Defense Expert Hanna Cox CPC on the ground that the defense “billing code audit is not sufficient to show similar treatment in the same...

The Winter 2020 issue of The Trial Lawyer marquees two over-the-counter products allegedly causing serious personal injuries and even death. First is “Advil and Other NSAIDs Can Harm Babies in Utero”. Id. at 34. Second is “New Study Lends More Proof to Link Between Talc...

On December 30, 2020, Fairfax Circuit ordered $213,196.95 in attorney’s fees sanctions for repeated factual misrepresentations, improper expert designation, and deposition misconduct. The case is AV Automotive LLC v. Preske, No. CL2018-7749....

By Order entered January 22, 2021, Newport News Circuit Court denied the medical malpractice Defendants’ motions to reconsider the Court denying Defendants’ Motion for In Camera Review of Plaintiff’s expert certification, granting Plaintiff’s Motion for Sanction, and awarding $2,800.00 in attorney’s fees for violation of...

The January 2021 issue of Trial reports 4 vehicle accidents cases in its “Verdicts & SETTLEMENT”. First, “Failure to yield right-of-way” marquees $18,000,000.00 2020 California jury verdict against an offending pickup truck operator. Id. at 12. “Failure to heed red light” highlights $2,000,000.00 2020 Virginia...

By Order entered October 20, 2020, Fairfax Circuit Court found the medical malpractice Defendant’s “policies, procedures, and protocols and nursing training materials” discoverable, not privileged. The case is Myers v. Rose, No. 2019-13444....

On December 10, 2020, the Virginia Supreme Court held that a litigation expert must have only a “substantial,” not a “direct,” relationship with a party’s insurer for the same to be admissible in evidence for bias; and that an “insurer’s payment of a considerable sum...

By letter opinion dated October 30, 2020, Powhatan County Circuit Court denied the medical malpractice Defendant’s Motion for Protective Order and required its corporate representative to submit to Va. S. Ct. Rule 4:5(b)(6) deposition for the following topics: Department of Social Services’ report about Defendant’s...

The December 2020 issue of Trial features 5 vehicle accident cases in its “Verdicts & SETTLEMENTS”. Id. at 14-16. “Failure to maintain brakes on flatbed trailer” covers a $1,350,000.00 North Carolina settlement. Id. at 14. “Failure to yield right-of-way” recounts a $1,200,000.00 New Jersey settlement...

By Memorandum Opinion entered December 10, 2019, United States District Court for the Western District of Virginia found “as a matter of law” that an offending tractor trailer truck driver acted within the scope of his employment with the Defendant trucking company when he drank...

By Opinion and Order entered July 10, 2020, United States District Court for the Western District of Virginia held that Virginia’s medical malpractice “expert certification requirement does not apply in federal court,” that “Va. Code Ann. §8.01-20.1 does not apply in federal court.” Therefore, the...

The November 2020 issue of Trial is titled “PERSUASION & BIAS”. It features a half-dozen articles on the topic: “6 Key Ingredients,” id. at 18-24; “Translating Pain and Suffering Damages,” id. at 26-30; “Appealing to CONSERVATIVE VALUES,” id. at 32-38; “How We Make DECISIONS,” id....

On November 5, 2020, U.S. News - Best Lawyers named Waterman Law Centers, PLLC to its 2021 “Best Law Firms”. Based on peer review, Waterman Law Centers earned the top ranking “Metropolitan Tier 1” in both “Medical Malpractice Law - Plaintiffs” and “Personal Injury Litigation...

By Order on Motion to Quash Subpoena Duces Tecum entered March 13, 2020, Chesterfield Circuit Court granted the third-party hospital’s motion to quash the personal injury Defendant’s subpoena for medical costs paid by its non-party patients for procedures similar to that of Plaintiff, finding the...

The Fall 2020 issue of The Trial Lawyer features 7 articles on product liability of the pharmaceutical industry for personal injuries and wrongful death: “Allergan Begins Campaign to Track Breast Implant Patients To Warn of Cancer Risk,” id. at 32; “Bladder Cancer From Zantac Prompts...

By letter opinion dated July 24, 2020, Richmond Circuit Court granted the Plaintiff auto accident victim’s Motion to Exclude the Defendant offending motorist’s expert testimony about the reasonableness of personal injury medical bills, the underlying analysis of which largely was based on contractually negotiated amounts...

The United States’ Office of Civil Rights (“OCR”) announced substantial monetary settlements paid by 7 healthcare providers who violated patients’ HIPAA rights of access to their healthcare records. Bayfront Health St. Petersburg paid $85,000.00; Korunda Medical paid an undisclosed amount; All Inclusive Medical Services (“AIMS”)...

By Order entered September 1, 2020, Fairfax Circuit Court held that “hospital policies and procedures [and credentialing files] are not privileged and immune from discovery”. The medical malpractice case is Ambrosini v. Reston Radiology Consultants, PC, No. CL-2019-8441 (Fairfax Sep. 1, 2020)....

On August 27, 2020, the Virginia Supreme Court through Justice Mims opined 4-3 that misidentification of a car crash defendant in a Complaint was a mere misnomer, not a fatal misjoinder; and therefore that the personal injury victim filing a new Complaint against the correct...

Trial for September 2020 is titled “STRONGER TOGETHER”. Its “Verdicts & SETTLEMENTS” reports 3 vehicle crash cases. “Rear-end collision at railroad crossing” marquees a $21,500,000.00 jury verdict in California in 2020 for a van occupant rendered a partial quadriplegic. Id. at 12. “Failure to avoid collision”...

On August 20, 2020, Avery T. “Sandy” Waterman, Jr., Esq. again was selected for inclusion in The Best Lawyers of America for 2021 for Medical Malpractice Litigation – Plaintiff and for Personal Injury Litigation – Plaintiff. This marks the 13th consecutive year since 2008 that...

Trial for August 2020 is titled “LITIGATOR’S TOOLBOX”. It covers four vehicle crash cases in its “Verdicts & SETTLEMENTS”. “Failure to provide operable safety and speed system” highlights a $10,000,000.00 Washington jury award against National Railroad Passenger Corp. a/k/a Amtrak in 2020. Id. at 10. “Negligent...

On August 7, 2020, Mr. Waterman resolved favorably without litigating the significant personal injury claim of a Lanexa motorist against the Gloucester offending driver who caused a two-car crash by driving on the wrong side of the road in New Kent in late 2019. The...

On August 3, 2020, Virginia Lawyers Weekly headlined on its front page one of Mr. Waterman’s medical malpractice cases. Titled “Judge allows discovery of risk manager notes,” the lead article covers a recent 13-page opinion and 4-page order on multiple privilege claims by the medical...