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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...

By letter opinion dated March 6, 2020, Nottoway Circuit Court granted Plaintiff’s Motion to Compel Defendant’s “staff information;” “policies, procedures, and training materials;” and “financial information” about “net worth” for punitive damages. Id. at 2. The medical malpractice case is Henderson v. Hickory Hill Retirement...

By letter opinion on February 6, 2020, Circuit Court for the City of Charlottesville deemed a temp agency “substitute” nurse an employee of University of Virginia Medical Center (“UVAMC”), yet denied her sovereign immunity. It found that the nurse was not engaged in an “essential...

On February 13, 2020, the Virginia Supreme Court issued Tahboub v. Thiagarajah, No. 190019, reversing and remanding for new trial the dismissal of a medical malpractice claim for wrongful death. It held that Plaintiff’s medical experts sufficiently established a standard of care breach, what should...

January 2020 Trial marquees “Failure to Warn: DRUGS & DEVICES”. It features 5 vehicle crash cases in its “Verdicts & SETTLEMENTS”. Id. at 12-16. “Negligent operation of train caused derailment that injured passengers, motorist” highlights a $16,750,000.00 2019 Washington jury award. Id. at 12. “Improper turn”...

On January 16, 2020, the Virginia Supreme Court unanimously reversed and remanded for jury trial on damages alone a motorist’s personal injury claim against a wrongfully arresting police officer in Cromartie v. Billings, No. 180851. Id. at 22. Most significant for vehicle accident, medical malpractice,...

On January 2, 2020, the Virginia Supreme Court posted an unpublished opinion about declaratory judgment, necessary party, and attorney’s fees provisions in Flint Hill School v. McIntosh, No. 181678, an appeal from Fairfax County Circuit Court. Flint Hill reviewed extensively the “actual controversy” requirement for...

On December 12, 2019, the Virginia Supreme Court entered an unpublished opinion about “fraud on the court,” delineating intrinsic and extrinsic fraud, and emphasizing the need to plead fraud “allegations that would rise to the level of clear and convincing evidence”. The case is McClung-Logan...

On November 27, 2019, the Virginia Supreme Court issued an unpublished opinion on the effect of a party’s death about judgment and appeal. The Court concluded that a judgment entered against a deceased party (for whom no representative had been appointed) was not a final...