Macdonald v. Corrigan, 85 Va. Cir 165 (Fairfax County Aug. 8, 2012) reports a “failure to diagnose” case of “lost life expectancy”. The Court denied Defendants’ post-trial motion to reduce the jury’s medical malpractice verdict for emotional damages and for future medical expenses. Id. at 168-171. First, Macdonald held Plaintiff’s emotional...
On October 1, 2013, Judge Fulton issued a 3-page letter opinion in Benson v. Lake Taylor Transitional Care Hospital, No. CL12-4293 in Norfolk Circuit Court. It is a “first impression” decision applying the expert certification amendment of Va. Code Ann §8.01-50.1 in a wrongful death case. Benson denied the medical malpractice Defendants’...
In Merritt-Lewis v. Parrott, a car crash case, no. CL11-575 in Circuit Court for the City of Williamsburg and James City County, Virginia, Mr. Waterman sought contemporaneous witness statements tape-recorded by Progressive Insurance Company. On October 2, 2013, he filed Plaintiff’s Memorandum in Support of Motion to Enforce. A. Other...
Best Lawyers in America (2014) named Mr. Waterman as “Lawyer of the Year” in the greater Norfolk metropolitan area. Its legal recognition is for his performance in Medical Malpractice Law - Plaintiffs. “Lawyers being honored as ‘Lawyer of the Year’ are selected based on particularly impressive voting averages received...
On September 25, 2013, pursuant to the Judicial Disqualification Policy, the Chief Judge of the Seventh Judicial Circuit designated Judge Pugh to preside over the medical malpractice lawsuit captioned George Rauchfuss v. Roger E. Schultz, M.D., Roger E. Schultz, M.D., Hampton Roads Urology, Riverside Physician Services, Inc.,...
Healthcare Risk Management (“HRN”) is a monthly periodical in circulation for 35 years. Its October 2013 issue, Vol. 35, No. 10, covered Mr. Waterman’s $3,500,000.00 Newport News jury verdict in the patient fall lawsuit, Shirley Burrell v. Riverside Hospital, Inc., et al., No. CL1101633F-15. HRN devotes 3 pages to his medical malpractice case...
On September 12, 2013, the Virginia Supreme Court decided Assurance Data, Inc. v. Malyevac, No. 121989. It reaffirmed that “a demurrer has one purpose – to determine whether a complaint [as a whole] states a cause of action upon which the requested relief may be granted.” Id. at 10...
The September 2013 issue of Trial, the monthly magazine of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”), includes “Relief from the Medicare Secondary Payer Healthcare”. That article highlights federal legislation that delays an increasing number of vehicle accident and other settlements. Unfortunately, many victims...
On August 13, 2013, Mr. Waterman’s peer chose him to be named in The Best Lawyers in America for 2014. In fact, his legal recognition is in 2 different practice areas: Personal Injury Litigation – Plaintiff and Medical Malpractice Law – Plaintiff. Notably, this legal recognition marks the 8th consecutive time...
Trial is the monthly magazine of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its September 2013 issue focus on special cases of “DRUGS & DEVICES”. Trial’s lead articles include “PUT ADVERSE EVENTS TO GOOD USE,” id. at 14-19; “LURKING BENEATH THE PRINTED PAGE,” id. at 20-27; “Charting...
On July 26, 2016, Mr. Waterman filed George W. Rauchfuss v. Roger E. Schultz, M.D., Hampton Roads Urology, Riverside Physician Services, Inc., Riverside Medical Group, Benjamin J. Pettus, M.D., Peninsula Radiological Associates, Ltd., Riverside Diagnostic Center – Williamsburg, Riverside Hospital, Inc., Riverside Health System, and Riverside...
Va. Sup. Ct. Rule 4:10 gives state court judges discretion to order physical and mental examinations of personal injury victims. All too frequently, however, the Rule is misused by the defense to trump up issues to create risk at trial and thereby to leverage unfairly...
On August 13, 2013, Mr. Waterman’s peers chose him to be named in The Best Lawyers in America for 2014. In fact, his legal recognition is in 2 different practice areas: Personal Injury Litigation – Plaintiff and Medical Malpractice Law – Plaintiff. Notably, this legal recognition...
The Trial Lawyer is the quarterly magazine of The National Trail Lawyers: Top 100 Trial Lawyers. Its summer 2013 issue highlights interstate trucking accidents in “You’re Not in Kansas Anymore Dorothy… and this Ain’t No Car Wreck Case”. Id. at 12-18. The article helpfully lists more...
In August, 2013, the Virginia State Bar publicized that its Standing Committee on Legal Ethics had approved Legal Ethics Opinion (“LEO”) 1871, regarding inadvertent receipt of confidential information during litigation discovery. LEO 1871 follows Va. Sup. Rule 4:1 (b)(6)(ii), which mandates a lawyer must destroy...
Effective July 1, 2013, the Virginia General Assembly amended and reenacted Va. Code Ann. §8.01-401.1 by Senate Bill 983. The revision materially affects expert opinion involving “published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as reliable...
Per House Bill 1892, Va. Code Ann. §8.01-249(6) was amended and reenacted by the General Assembly of Virginia effective July 1, 2013. It enlarges the statute of limitation for the special case of childhood sexual abuse. The amendment specifies that the cause of action for a...
With passage of House Bill 1477, the Virginia General Assembly amended and reenacted Va. Code Ann. §8.01-397, effective July 1, 2013. §8.01-397 is the so-called Dead Man’s Statute that is implicated in many wrongful death cases. The revision liberalizes the rule, adding that “in addition to...
By passing Senate Bill 1112, Va. Code Ann. §8.01-44.5 was amended and reenacted by the Virginia General Assembly, effective July 1, 2013. The revision eases the burden of proving intoxication in some vehicle accident cases. Where the vehicle accident Defendant has a blood alcohol concentration of...
The Virginia General Assembly passed House Bill 1433, thereby amending and reenacting Va. Code. Ann. §8.01-36 and §8.01-243.(B). The revisions materially change the recovery of medical expenses for infants in vehicle accident and other cases. §8.01-36 now provides in car crash and other cases that an...
Effective July 1, 2013, Senate Bill 1337 and House Bill 1618 amended and reenacted Va. Code Ann, § 8.01-262. The 2013 Virginia General Assembly modified Category B or permissible venue for wrongful death, personal injury and all other lawsuits. First, § 8.01-262 (1) made the “principal...
Va. Code Ann. § 8.01-420 was amended and reenacted by Senate Bill 1347 and House Bill 1708 of the 2013 Virginia General Assembly. Effective July 1, 2013, it qualifies the rule against using discovery depositions for summary judgment motions without agreement of all parties in...
Mr. Waterman was invited to review the recent publication of noted medical malpractice lawyer, Don Keenan, The Keenan Edge (Balloon Press 2012). It is great stuff: a 400-page potpourri of Reptile litigation philosophy, strategy, and tactics adapted from the first 2 years of his blog...
House Bill 1545 and Senate Bill 699 of the 2013 General Assembly of Virginia became effective July 1, 2013. It amended and reenacted Va. Code Ann. § 8.01-20.1, § 8.01-50.1 and § 16.1-83.1 re certification of expert witness opinion at the time of service of...
The July 2013 issue of Trial, the monthly magazine of the American Association for Justice (“AAJ”), reported “Verdicts & Settlements”. A notable one was entitled “AUTOMOBILE ACCIDENTS: High-Speed, Road-End Collision”. Id.at 8. A Florida jury awarded over $25,000,000.00 to a rear-end victim who suffered a brain injury. Defendants...
On July 10, 2013, Mr. Waterman finalized compromise settlement of a three-car collision involving motorists of Gloucester and Newport News, Virginia. The offending driver suffered a seizure; crossed over the median on Jefferson Avenue near Center Avenue in Newport News, Virginia; hit the victim vehicle...
On July 9, 2013, Mr. Waterman recovered liability policy limits of $50,000.00 in the auto accident case of Ray v. Smith, No. CL1302098T-01 in Circuit Court for Newport News, Virginia. When USAA was steadfast with its $30,000.00 offer, he filed suit in Ray, and shortly...
On July 5, 2013, Mr. Waterman concluded a $200,000.00 settlement of a car crash claim paid by Progressive Insurance. His client was a Williamsburg resident whose vehicle was stuck by a Springfield driver in Richmond, Virginia. His client’s auto accident injuries required two-day hospitalization at VCU/MCV...
Trial is the monthly magazine of the American Association for Justice (“AAJ”). Its issue for July, 2013, which includes auto accident coverage, headlines: “Ready for Trial? Tips and Strategies to Get Prepared”. Trial’s lead articles are: “THROUGH THE EYES OF A JUROR,” id. at 12-17; “CUTTING...
In the medical malpractice case of Helen M. Eason, Administratix of the Estate of Mary Francis Taylor, Deceased, v. Sentara Hospitals, et al., No. CLI200470 in Circuit Court for the City of Hampton, Virginia, Mr. Waterman sought from Defendant Sentara Hospitals simply by HIPAA Authorization...