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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...

July 2020 Trial features 5 vehicle cases in its “Verdicts & SETTLEMENTS”. Id. at 12-16. “Improper placement of crosswalk” is $6,500,000.00 2019 jury award in Washington against the local city to a skateboarder struck by a pickup truck. Id. at 12, 14. “Failure to activate...

“Nursing Homes Violated Basic Health Standards, Allowing The Coronavirus To Explode” is a feature article in The Trial Lawyer for Summer 2020. “In some states, nursing home residents account for more than half of COVID-19 deaths.” Id. at 65. The Trial Lawyer is the quarterly law...

Trial for June 2020 reported 4 vehicle collision cases in its “Verdicts & SETTLEMENTS”. The first is “Negligent operation of work van,” a $7,480,000.00 Maryland jury verdict in 2019. Id. at 12. “Negligent operation of farm tractor” highlights a $3,500,000.00 Iowa jury award in 2019....

By letter opinion dated March 23, 2020, Richmond Circuit Court overruled the medical malpractice Defendants’ Demurrer regarding punitive damages, finding Plaintiff alleged willful and wanton conduct in sufficient detail, id. at 2; and overruled Defendant nursing services’ Demurrer regarding contractual and statutory duties, finding sufficient...

On June 4, 2020, the Virginia Supreme Court upheld a medical malpractice Plaintiff proceeding against Virginia Defendant healthcare providers in Virginia for wrongful death after settling with Kentucky Defendant healthcare providers in Kentucky for personal injuries causing the wrongful death. The case is Green v....

By Order entered December 9, 2019, Virginia Beach Circuit Court granted Plaintiff’s motion to compel pursuant to Va. Code §8.01-413(C) for: All writings and other records by medical/nursing personnel addressing the patient’s surgeries, incident and/or condition; All audit data and data dictionaries; and All call,...

On May 7, 2020, Fairfax Circuit Court denied the medical malpractice Defendant’s Motion for Bill of Particulars as to Plaintiff using “vague catch-all” allegations of negligence. Notably, the Judge was the Honorable John M. Tran, who had ruled the opposite previously. The case is Abdulrahman...

Trial for April 2020 reports three vehicle collision cases in its “Verdicts & SETTLEMENTS”. First is “Failure to control school bus,” a $23,000,000.00 2019 jury award in Connecticut. “Failure to yield to pedestrian in crosswalk” chronicles a $1,450,000.00 2019 Florida jury verdict. “Negligent hiring and...

On November 20, 2019, Mr. Waterman was selected for 2020 Virginia SuperLawyers for “Personal Injury Medical Malpractice – Plaintiff”. He has been recognized by SuperLawyers for 12 consecutive years from and including 2009. His law practice focuses on vehicle accidents, medical malpractice, and other cases of...

On April 9, 2020, the Virginia Supreme Court found that a local school board had contracted for and was entitled to $1,000,000.00 auto liability coverage for its student school bus passenger, a motor vehicle personal injury victim. It rejected the Defendant UM/UIM insurer’s contention that...

On April 9, 2020, the Virginia Supreme Court reversed and remanded for retrial the circuit court striking the medical malpractice plaintiff’s claim for punitive damages against a physician who repeatedly prescribed narcotic pain medication without examining the patient for 14 months unto her wrongful death...

By letter opinion dated March 23, 2020, Richmond Circuit Court found that the medical malpractice victim sufficiently stated a cause of action for willful and wanton negligence and punitive damages with “specific instances involving both sets of Defendants acting in conscious disregard or reckless indifference...