By letter opinion on August 10, 2015, Judge Williams of Martinsville, Virginia, rejected multiple defendants’ claims of privilege and held “hospital’s policies procedures, and protocols” discoverable in the wrongful death case of Penn v. PHC–Martinsville, Inc. d/b/a Mem’l Hosp. of Martinsville and Henry County, No. CL15-071. Notably, before...
Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for August, 2015, is entitled “BANDING TOGETHER: TRIAL ATTORNEYS COME TOGETHER To Prevent catastrophic Federal Rules changes, Fight against forced arbitration, End distracted driving,...
The Trial Lawyer is the quarterly journal of the National Trial Lawyers Top 100 Trial Lawyers. Its issue for Summer 2015 is entitled “IS IT TIME TO RETHINK THE MDL?” In addition to a lead article of the same title, id. at 48-55; Summer 2015’s The...
On January 20, 2015, by Opinion and Order of Federal Court denied Defendants their bills of costs in a medical malpractice case, Green v. Winchester Medical Center, No. 5:13CV00064 in United State District Court for the Western District of Virginia, Harrisonburg Division. Fed. R. Civ....
Trial for July, 2015, of the American Association for Justice (“AAJ”) reports “Verdicts & Settlements,” including two automobile accidents and a forklift crush case. “Tractor-Trailer Runs Red Light” covers a $12,000,000.00 South Carolina settlement for brain injury, id. at 9; “Failure to Control Blood Sugar”...
Trial is the monthly journal of American Association for Justice (“AAJ”). Its issue for July, 2015, covers “DRUGS & DEVICES”. AAJ’s July 2015 Trial features 3 articles about product liability that also implicate medical malpractice: “The HIDDEN DANGERS of Power Morcellators,” id. at 16-24; “THE INS...
In June and July, 2015, two Virginia Circuit Courts upheld Plaintiffs’ rights to discovery of witness statements recorded by insurers in the routine and ordinary course of business of adjusting motor vehicle accidents. E.g., Johnson v. Jefferson & Lee Delicatessan, Inc., No. CL-2013-14317 (Fairfax Jul....
On July 14, 2015, Newport News Circuit Court issued letter opinion in the patient fall case of North v. Mary Immaculate Hospital, Inc., No. CL12-02507T-01. In that alleged wrongful death suit, the Court found that the Joint Commission on Accreditation of Health Organizations was under...
On July 8, 2015, the United States Court of Appeals for the Fourth Circuit vacated and remanded grant of summary judgment by United States District Court for the Western District of Virginia in an unpublished opinion in the personal injury suit, Hodges v. Federal –...
During July 16-18, 2015, Mr. Waterman attends “Neuroanatomical Dissection Course: Human Brain and Spinal Cord” at Marquette University in Milwaukee, Wisconsin. The course principally is designed for practitioners and educators in psychology, medicine, neuroscience, physiology, physical therapy, occupational therapy, rehabilitation engineering, and anatomy; and qualifies...
On June 15, 2015, in Osborne v. Mountain Empire Operations, LLC, No. 1:14CV00042 in United States District Court for the Western District of Virginia, Abingdon Division, the Judge found numerous Rules violations by medical malpractice defense counsel (LeClair Ryan) re a Rule 30(b)(6) corporate witness...
On June 22, 2015, Federal Court denied Defendant medical center’s motion for summary judgment, which asserted Co-Defendant doctor was an independent contractor (versus its employee), thereby precluding vicarious liability. Id. at 1. The medical malpractice lawsuit is Bagheri v. Bailey, No. 1:14CV00077 in United States...
On July 2, 2015, Defendant, Riverside Hospital, Inc. provided as ordered its 2012 “imaging results reporting communication pilot” materials in response to Plaintiff’s discovery – despite one responsive memoranda being marked self-servingly “Confidential documents for Quality of Care Purposes under VA Code Ann. §8.01-581.17”. The...
On July 2, 2015, Mr. Waterman filed Davis v. Virginia Health Services, Inc., et al., No. CL1502056B-04 in Circuit Court for the City of Newport News, Virginia. That medical malpractice suit seeks $4,350,000.00 in damages from a corporation headquartered in Newport News for alleged wrongful...
On June 30, 2015, Circuit Court for the City of Newport News, Virginia, granted Plaintiff’s Motion to Compel in the medical malpractice lawsuit of Newsome v. Ressler, No. CL14-3514T-01. The alleged surgery victim sought Risk Management and other incident materials that Defendant, Riverside Hospital, Inc.,...
Trial, the monthly magazine for the American Association of Justice (“AAJ”), reports “Verdicts & Settlements”. Its June, 2015 issue marquees two auto accident settlements. “Truck Fails to Yield to Pedestrian” is a $3,000,000.00 settlement in New York. Id. at 8. “Motorist Strikes Lift Basket” is a...
Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its issue for June, 2015, covers “PSYCHOLOGY AND THE LAW”. A featured article is “FRAME Your Cases to Presuade Jurors”. Id. at 14-18. Yet June 2015 Trial’s center...
On June 4, 2015, the Virginia Supreme Court issued Schaecher v. Bouffault, No. 141480, affirming a Clarke County dismissal with prejudice of Plaintiff’s Amended Complaint. On the same day, the Virginia Supreme Court hailed Schaecher as providing “a thorough discussion of the elements of defamation...
On June 4, 2015, the Virginia Supreme Court hand down Pendleton v. Newsome, No. 141116. It held that the Circuit Court for the City of Richmond error in sustaining a Demurrer to a Complaint for defamation (that a parent supposedly was responsible for the death...
The Virginia Supreme of Virginia decided companion cases of defamation and malicious prosecution on June 4, 2015, in Egan v. Butler, No. 141365, and Abilene Motor Express Co. v. Butler, No. 141372. Id. at 1. A jury awarded plaintiff $50,000.00 compensatory damages against both Defendants,...
On June 10, 2015, Norfolk Circuit Court entered 4/15/15 & 6/2/15 Order in Mr. Waterman’s alleged wrongful death case, Talton v. Sentara Hosps., et al., No. CL15000313-00. The Judge granted Patient’s Motion to Enforce Va. Code §8.01-413(C) Subpoena Duces Tecum and Patient’s Motion for Entry...
On June 4, 2015, in Cosby v. Clein, No. 141096, the Virginia Supreme Court by Order reinstated and entered final judgment on a Spotsylvania jury verdict in a two-car crash lawsuit for personal injuries. Id. at 6. “Where an impartial jury properly instructed has determined...
In Cain v. Lee, No. 141105, on June 4, 2015, the Virginia Supreme Court reversed and remanded for retrial three personal injury lawsuits arising out of the same two-car collision in Stafford County, which had been consolidated for jury trial. Id. at 1-2, 11. Each...
On April 16, 2015, the Virginia Supreme Court handed down Fitzgerald v. Loudoun County Sheriff’s Office, No. 141238. It interpreted the Virginia Freedom of Information Act (“FOIA”), Va. Code §2.2-3700, et seq., re a third-party request for a suicide note in a criminal investigative file...
On April 16, 2015, the Supreme Court of Virginia opined in Sauder v. Ferguson, No. 140805. It affirmed denial of plaintiff’s motion to set aside default judgment for $300,000.00 in a two-auto collision lawsuit. Id. at 1, 18. Sauder found that under Va. Code §8.01-428(A) the...
Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its issue for May, 2015, covers “MEDICAL NEGLIGENCE”. May 2015 Trial features 5 articles on medical malpractice: “Putting a Lid on Defense Experts,” id. at 14-19; “BIRTH INJURY...
On April 16, 2015, the Virginia Supreme Court announced Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., No. 140242. It held the a circuit court was “not enpowered to enforce the subpoena duces tecum” against the non-resident non-party, despite it being registered to do business and...
On May 19, 2015, Plaintiff’s Motion to Compel was heard in Mr. Waterman’s medical malpractice lawsuit in North v. Mary Immaculate Hosp., Inc., No. CL1202507T-01(F-15) in Circuit Court for the City of Newport News, Virginia. North alleges that Plaintiff’s deceased patient suffered wrongful death as...
On May 19, 2015, Mr. Waterman lectured at the 2015 Annual Evidence Seminar of the Virginia Trial Lawyers Association (“VTLA”) in Springfield, Virginia. His topic was “Incident, Educational & Policy Materials: Use and Admissibility”. In the past year alone, Mr. Waterman has obtained numerous Orders for...
On April 16, 2015, the Supreme Court of Virginia decided Anheuser-Busch Cos., Inc. v. Cantrell, No. 140748, consolidated with Newport News Shipbuilding and Dry Dock Co. v. Cantrell, No. 140749. It applied Virginia’s nonsuit statute, Va. Code §8.01-380, reversing and remanding. Id. at 4. Cantrell found...