In person on October 18, 2012, and by telephone on November 6, 2012, the Court heard Plaintiff’s Motion to Enforce Subpoenas Duces Tecum, VCU Health System’s Objections and Response to Subpoena Duces Tecum, and Defendants’ Motion to Quash Subpoenae Duces Tecum in the patient fall lawsuit of Shirley...
At discovery hearing on November 5, 2012, the Circuit Court for the City of Newport News, Virginia, granted the patient fall victim’s Motion to Compel against Defendant, Riverside Hospital, Inc., in Shirley F. Burrell v. Riverside Hospital, Inc., et al., No. CL1101633F-15. Since August, 2012, Riverside had resisted...
In Shirley Frazier Burrell v. Riverside Hospital, Inc., et al., No. CL1101633F-15 in Circuit Court for the City of Newport News, Virginia, the patient fall victim suffered broken femur, head injury, and disabling stroke due to allegedly substandard fall risk assessment and intervention by her nurses at Riverside...
A cornerstone of Plaintiff’s medical malpractice claim in Burrell v. Riverside Hosp., Inc., No. CL11-01633F-15 in Circuit Court for the City of Newport News, Virginia, is Riverside’s failure to use a “bed alarm” for the high fall risk patient. Use of a “bed alarm” is one of the relevant...
On October 25, 2012, Mr. Waterman settled a car accident claim for personal injuries of his client without having to file suit. The two-car collision occurred on Lightfoot Road in Williamsburg, Virginia, and involved residents of Toano and James City County. The car crash victim was taken by ambulance to...
On October 15, 2012, Mr. Waterman filed Plaintiff’s Reply Memorandum in Shirley Frazier Burrell v. Riverside Hospital, Inc. and Nurse M. Ames, No. CL1101633F-15 in Circuit Court for the City of Newport News, Virginia. Plaintiff victim inBurrell suffered a broken hip and disabling stroke following a patient fall at...
On October 11, 2012, Mr. Waterman filed and noticed Plaintiff’s Plea of Law of the Case, Res Judicata, and Estoppel in thebrain injury case of Gregory J. Gagnon v. Travis Burns, No. CL08-572 in the Circuit Court for Gloucester County, Virginia. His Reply Memorandum filed contemporaneously distinguished all...
In the brain injury case of Gagnon v. Burns, No. CL08-572 in Circuit Court for Gloucester County, Virginia, Assistant Principal Burns at his leisure typed up 3 different revised accounts of what transpired: (1) Narrative on Gregory Gagnon, B-2 to B-5; (2) Narrative on Gregory Gagnon, B-6 to...
On October 4, 2012, Riverside Hospital, Inc. brought two Motions on for “emergency” telephonic hearing before the Judge in the patient fall case of Shirley Frazier Burrell v. Riverside Hospital, Inc. and Nurse M. Ames, No. CL11-1633 in the Circuit Court for the City of Newport News, Virginia....
The Virginia Supreme Court remanded Mr. Waterman’s brain injury case to Circuit Court for Gloucester County, Virginia, “for a new trial limited to Gagnon’s gross negligence claim against Burns,” Burns v. Gagnon, 2012 Va. LEXIS 93, *40 (Apr. 20, 2012). But the parties have disagreed over the scope...
On September 28, 2012, Mr. Waterman argued Plaintiff’s Motion for Leave to Amend in the wrongful death suit of Arshan v. Stephen E. Plotnick, M.D., et al., No. CL11-1316 in the Circuit Court for the City of Williamsburg and James City County, Virginia. The Judge granted the Motion...
On September 24, 2012, The Wall Street Journal (www.wsj.com) headlined “How to Stop Hospitals from Killing Us,” subtitled: “Medical errors kill enough people to fill four jumbo jets a week. A surgeon with five simple ways to make health care safer.” Authored by a doctor...
On September 21, 2012, Mr. Waterman filed Plaintiff’s Memorandum in Opposition to Defendants’ Demurrers and to Defendants’ Motion to Strike, plus lodged Amended Complaint with Exhibits, in Arshan v. Stephen E. Plotnick, M.D., et al., No. CL11-1316 in Circuit Court for the City of Williamsburg and...
On September 19, 2012, The Virginia Gazette headlined “No alarms alerted that patient fell,” and subheadlined “Chart was allegedly ‘laundered’”. The article covers the $4,500,000.00 medical malpractice suit, William M. Snovell, Executor of the Estate of Bernadette Teresa Connelly Snovell, Deceased v. Williamsburg Facility Operations, LLC, et al., Case No.:...
The monthly magazine of the American Association for Justice (“AAJ”), Trial, features in its September 2012 issue a medical malpractice article entitled “10 Red Flags in General Surgical Malpractice Cases”. It recommends considering the following topics in evaluating a surgical case for the source, diagnosis, and treatment of...
The September 2012 issue of Trial highlights “Science and the Law,” including nanotechnology and medical malpractice. Trial is the monthly magazine of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association, of which Mr. Waterman has been a member for over two decades. A feature article is “Defense...
On August 31, 2012, Mr. Waterman filed William M. Snovell, Executor of the Estate of Bernadette Teresa Connelly Snovell, Deceased v. Williamsburg Facility Operations, LLC, d/b/a Consulate Health Care of Williamsburg, and “Jane Roe/John Doe” in Circuit Court for York County and the Town of Poquoson, Virginia....
On August 23, 2012, Mr. Waterman was selected by his legal peers for inclusion in The Best Lawyers in America for 2013. This legal recognition is the 7th consecutive time since 2007 that he has been named to Best Lawyers. His legal recognition in 2013 Best Lawyers is for his work in 2 separate...
The August 2012 issue of Trial, the monthly magazine of the American Association for Justice (“AAJ”) www.justice.org, reports key “Verdicts and Settlements”. One entitled “Court Sanctions Supermarket for Destroying Video of Slip and Fall” recounts a $2,300,000.00 Georgia jury verdict after the judge struck all defenses...
Trial is the monthly magazine of the American Association for Justice (“AAJ”), of which Mr. Waterman has been a member for over two decades. Its August 2012 issue focuses on “Recreational Torts,” including recreational vehicle crashes. Lead articles of Trial cover several recreational circumstances of personal injury. “Injuries on Deck”...
On August 10, 2012, Mr. Waterman filed Plaintiff’s Second Motion to Compel against Defendants in the medical malpractice case of Shirley F. Burrell v. Riverside Hospital, Inc., No. CL1101633F-15 in Circuit Court for the City of Newport News, Virginia. Among other things, Riverside now objects to answering about...
On July 30, 2012, Mr. Waterman served Plaintiff’s Expert Designations in Burrell v. Riverside Hosp. Inc., No. CL1101633F-15 in Circuit Court for the City of Newport News, Virginia. That medical malpractice suit is scheduled for trial during November 26-December 7, 2012. Plaintiff re-designated as retained experts Nurse Cheeley of...
On July 12, 2012, Mr. Waterman served plaintiff's Second Motion to Compel in the medical malpractice lawsuit captioned Arshan v. Plotnick, et al., No. CL11-1316 in Circuit Court for the City of Williamsburg and James City County, Virginia. The Motion seeks answers and responses from the defendant doctor...
On July 10, 2012, Mr. Waterman served Plaintiff's Motion to Compel in the medical malpractice case of Myron M. Arshan, Executor of the Estate of Sharon L. Britt v. Stephen E. Plotnick, M.D., et al., No. CL11-1316 in the Circuit Court for the City of Williamsburg and James...
On July 10, 2012, Circuit Court for Gloucester County, Virginia, scheduled the brain injury case of Gagnon v. Burns, No. CL08-572, for Initial Pre-Trial Conference. Per the mandate of the Virginia Supreme Court, retrial before a jury for sovereign immunity on the issue of gross negligence will be...
The July 2012 issue of Trial reports a favorable verdict entitled “CLERGY NEGLIGENCE: Archdiocese Fails to Protect Student from Abusive Priest”. The jury awarded $1,000,000.00 for the sexual abuse victim’s “post-traumatic stress, depression, and other psychological problems”. Id. at 10. Over a 2-year period, a Roman Catholic priest allegedly molested...
On July 6, 2012, Mr. Waterman appeared in Circuit Court for Gloucester County, Virginia, on Plaintiff’s Motion to Compel Defendant. Over defense Objection, the Judge ordered that Defendant’s insurer had to produce any contemporaneous witness statements taken for the auto accident underlying Lyles v. Calloway, No. CL10000070-00....
On June 7, 2012, the Virginia Supreme Court in Napper v. ABM Janitorial Servs. - Mid Atlantic, Inc., No. 111300 (Va. Jun. 7, 2012), held that an Arlington County tenant’s employee was entitled to maintain a personal injury suit against the building janitors for slipping and...
On June 7, 2012, in Mansfield v. Bernabei, No. 111314 (Va. Jun. 7, 2012), the Virginia Supreme Court upheld the doctrine of absolute judicial privilege vis-à-vis “communications made before the filing of an action”. Id. at 1. That Fairfax County special case rejected a retaliatory personal injury suit for pre-filing...
On June 7, 2012, the Virginia Supreme Court held in the 4-3 split decision of Cline v. Dunlora South, LLC, No. 110650 (Va. Jun. 7, 2012) that a landowner was not responsible for an auto accident caused by a tree on private land falling on a public highway...