On December 6, 2016, a unanimous United States Supreme Court issued State Farm Fire & Cas. Co. v. United States, No. 15-513. It held that violation of court seal requirement by plaintiff relator in a case under the False Claims Act (“FCA”) does not mandate...
On November 16, 2016, Mr. Waterman’s pupilage group in the I’Anson-Hoffman American Inn of Court XXVII presented for CLE in Norfolk “Professionalism & Sanctions”. It covered inherent and constitutional authority (plenary power sanctions), Va. Code §18.2-456 (summary contempt power sanctions), Va. Code §8.01-271.1 (certification/representation sanctions),...
In Adrian V. Sutton, Executor of the Estate of Helena Sutton, Deceased v. Patrick Henry Hospital. Inc., et al., No. CL14-3553B-04 in Circuit Court for the City of Newport News, Virginia, a patient wrongful death medical malpractice case, Mr. Waterman represents the Plaintiff resident estate...
On October 25, 2016, by unpublished per curiam opinion, the United States Court of Appeals for the Fourth Circuit affirmed the $2,500,000.00 jury award in the wrongful death appeal of Bilenky v. Ryobi Techs, Inc., No. 15-1753, *3,13 (4th Cir. Nov. 23, 2016). Specifically, the...
On November 21, 2016, Arlington Circuit Court rejected Defendant’s claim of statutory privilege and found hospital policies and procedures to be discoverable in Rivera v. Virginia Hosp. Ctr. Arlington Health Sys. d/b/a Virginia Hosp. Ctr., No. CL16000142-00. “It is commonly understood when analyzing a statute...
Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for November, 2016 is entitled “PRODUCTS LIABILITY”. Under its “Verdicts & SETTLEMENTS,” Trial headlines: “Takata, Honda settle lawsuit over deadly air bag defect”. Id. at...
On October 27, 2016, a unanimous Virginia Supreme Court held that Tazewell County Circuit Court abused its discretion by excluding the testimony of two of defendant’s rape victims as trial witnesses under Virginia’s Civil Commitment of Sexually Violent Predators Act (“SVPA”), Va. Code §37.2-900, et...
On October 27, 2016, a split Virginia Supreme Court affirmed grant of summary judgment by Richmond Circuit Court on allegations of gross negligence in the wrongful death suit of Elliot v. Carter, No. 160224. The majority of five concluded: “although [defendant’s] effort may have been...
On November 7, 2016, a federal court granted preliminary injunction against the Center for Medicare and Medicaid Services (“CMS”) enforcing its new regulation that effectively bars “nursing homes receiving federal funds from entering into new pre-dispute arbitration agreements with their residents, effective November 28, 2016.”...
Mr. Waterman is representing the Plaintiff patient against the Defendant nursing facility in the patient fall wrongful death medical malpractice case of William M. Snovell, Executor of the Estate of Bernadette Teresa Connelly Snovell, v. Williamsburg Facility Operations, LLC d/b/a Consulate Healthcare of Williamsburg, et...
On October 19, 2016, Portsmouth Circuit Court rejected an arbitration clause in a medical malpractice case against a nursing facility, Foster/Bults v. GGNSC Portsmouth, LLC t/a Golden Living Center – Portsmouth, No. CL16 – 1067. Its “first impression” letter opinion found that the arbitration agreement...
Plaintiff patient estate is represented by Mr. Waterman against the Defendant nursing home in the patient fall wrongful death medical malpractice case of Hubbard A. Davis, Executor of the Estate of James Clifton Davis, Jr., Deceased, v. Virginia Health Services, Inc. d/b/a Lancashire Convalescent Center,...
During November 4-5, 2016, Mr. Waterman attended the “Mastering the Medicine: Birth Trauma & Medical Negligence Seminar” of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”) in Atlanta, Georgia. It was co-presented by AAJ’s Birth Trauma Litigation Group and its Medical...
Mr. Waterman’s law firm has been selected for the 23rd Edition of The Best Lawyers in America. Patten Wornom Hatten & Diamonstein again was one of the few law firms to receive a Tier I ranking for 2017 in “Best Law Firms” by U.S. News...
During October 28-29, 2016, Mr. Waterman attended the Nursing Home Litigation Fundamentals Seminar of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”) in Sante Fe, New Mexico. Nursing home seminar topics included pressure ulcers, falls, abuse, elopement, delayed diagnosis, medication...
Mr. Waterman represents the Plaintiff resident estate against the Defendant nursing facility in the patient fall wrongful death medical malpractice case of Patrick Lee Cherrie, Administrator of the Estate of Gerda A. Harvey, Deceased, v. Virginia Health Services, Inc. d/b/a Walter Reed Convalescent & Rehabilitation...
Since 2012, nursing homes have been required to report their nursing staffing levels to the federal government. Staffing for RNs, LPNs, and Aides are tracked. Form 671 reports staffing levels for the 2-week period prior to the government’s annual inspection. Each nursing facility is rated on...
The Trial Lawyer is the quarterly journal for The National Trial Lawyers Top 100 Trial Lawyers. Its issue for Fall 2016 covers three deadly “health” industry products. First, “Concerta Teen Suicide Link – Is This Drug Appropriate?” marquees the alarmingly increased rate of “ADHD” prescriptions of...
On September 29, 2016, the United States’ Center for Medicare & Medicaid Services (“CMS”) released 700+ pages of new comprehensive federal nursing facility regulations and explanatory material that will bear on medical malpractice suits. Pro-resident changes include increased training requirements for all staff (especially for...
On October 12, 2016, the Virginia Supreme Court refused the Defendant’s Petition for Appeal for denial of Virginia Model Jury Instruction 35. 040 [“Unsuccessful Outcome Is Not Proof of Negligence”] in the medical malpractice case of OrthoVirginia F/K/A West End Orthopaedic Clinic v. Jurewicz, Record...
This month Mr. Waterman resolved without litigation the personal injury claim of a motor vehicle accident victim from Newport News who was broadsided by a Chesapeake offending driver at a stoplight intersection in Portsmouth, Virginia. GEICO paid it’s liability insurance policy limits for the offending...
On July 9, 2016, Norfolk Circuit Court held that Defendant Sentara’s policies, protocols, and procedures are discoverable, not privileged as claimed, in the medical malpractice lawsuit of Smith v. Sentara Healthcare, No. 15-8467. Id. at 2. Also, the Court found that the “factual material” contained...
Effective November 1, 2016, a new rule of a United States Health and Human Services Department agency prospectively prohibits any nursing facility receiving Federal funding from requiring that any resident dispute be resolved secretly by arbitration instead of publicly in court. That agency is the...
On August 3, 2016, in the pharmacy malpractice case of Holley v. CVS Caremark Corp., No.4:16-cv-00017, United States District Court for the Western District of Virginia, Danville Division, denied defendant CVS’ motion to dismiss plaintiff’s claim against it for intentional infliction of emotional distress. Id....
Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for September, 2016, marquees “Trial Tactics: THE POWER OF BIAS”. September 2016’s Trial features 4 lead articles: “By The Numbers,” which counsels “Be Specific” and...
On September 23, 2016, Mr. Waterman was an invited speaker at the 2016 Long Term Care Litigation Retreat of the Virginia Trial Lawyers (“VTLA”) at Tides Inn in Irvington, Virginia. His presentation was “Punitive Damages: Medical Malpractice Cases!” VTLA’s Long Term Care Litigation Section focuses on...
The Virginia Supreme Court handed down Holiday Motor Corp. v. Walters, Record No. 150391, on September 8, 2016. It reversed a $20,000,000.00 Roanoke jury verdict in a product liability case arising out of a convertible vehicle crash – and rendered final judgment in favor of...
On September 8, 2016, the Virginia Supreme Court issued Granado v. Commonwealth, Record No. 150936, an appeal involving driving a motor vehicle while intoxicated. Id. at 1. Granado held that the appeal’s revised statement of facts signed by the parties and trial judge was filed...
On March 31, 2016, the Twenty-First Judicial Circuit of Virginia for Henry County, Patrick County, and City of Martinsville issued a scholarly 11-page opinion in Dennis v. PHC-Martinsville, Inc. t/a Mem’l Hosp. of Martinsville & Henry County, No. CL14-483. It disposed for only $523.89 the...
On August 15, 2016, a medical malpractice case resolved 3 key discovery issues in favor of Plaintiff. It is Jones v. Jones, 2016 WL 4398686 (Richmond Aug. 15, 2016). In Jones, Richmond Circuit Court held discoverable - not privileged – all factual information in the following...