fbpx
 

Forum

ARTICLES

At hearing on April 6, 2021, Circuit Court for the City of Williamsburg and James City County ruled that Defendant’s neuropsychology expert, Edward A. Peck, III, Ph.D., “shall produce the raw data [of his examination] to counsel for [Plaintiff] under the protective order [entered in...

By Protective Order entered December 31, 2020, Richmond Circuit Court entitled Plaintiff to the defense neuropsychology expert’s “Raw Data,” including particularly all “raw and scaled test scores, Plaintiff’s responses to test questions or stimuli, and Dr. Peck’s notes and recordings concerning Plaintiff’s statements and behavior...

Trial for April 2021 features 2 vehicle collision cases. “Failure to perform adequate background check” marquees a $9,000,000.00 2020 Texas settlement with a tractor-trailer company for a wrongful death case. Id. at 12, 14. “Driver strikes woman in grocery store parking lot” chronicles a $500,000.00...

On March 25, 2021, the Virginia Supreme Court opined that landowners owed neighboring persons “a duty in tort to exercise reasonable care to control the conduct of a third party, who has been granted permission by the landowner to use the land, to prevent that...

By 10-page letter opinion on March 19, 2021, Chesapeake Circuit Court recognized Plaintiff patient’s direct liability negligence claim for negligent credentialing against Defendant hospital, regardless whether the offending surgeon was its employee or independent contractor; and rejected that the medical malpractice victim had to allege...

By Order on March 17, 2021, Norfolk Circuit Court granted the medical malpractice Plaintiff’s Motion to Compel production of Defendant’s “Post Event Discussion” document that memorialized an ad hoc roundtable about a patient incident. It rejected privilege claims under Va. Code §8.01-581.16-17 and as a...

Trial for March 2021 is emblazoned “THE BUSINESS OF LAW: ADAPT & EVOLVE”. Its Verdicts & Settlements cover 4 vehicle accident cases. Id. at 10, 12. “Driving under the influence of heroin” marquees a $4,600,000.00 Florida jury award (including $1,000,000.00 punitive damages) in 2020. Id. at...

By Order entered February 26, 2021, Prince William County Circuit Court granted Plaintiff’s Motion to Allow Audio Recording of the Rule 4:10 Examination, with the vehicle accident victim to record the entire defense medical examination (“DME”) “on her personal device”. The case is La’Cour v....

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”)...