Citing Va. Code Ann. §8.01-296, Defendant Riverside doctors emphasize that Plaintiff did not attempt to serve them at their homes in the birth-related personal injury lawsuit for medical malpractice of Andre L. Gibbons, Jr., et al. v. Riverside OB/GYN and Family Care, et al., No....
In January, 2012, the Inspector General of the Department of Health and Human Services (“DHHS”) issued a 42-page report titled Hospital Incident Reporting Systems Do Not Capture Most Patient Harm, OEI-06—09-00091. As a corollary, incidents of medical malpractice may go underreported. “Hospital staff did not report...
The American Association for Justice (“AAJ”) posted TrialNews online this week. It featured a healthcare note bearing on medical malpractice. “The Joint Commission [on Accreditation of Healthcare Organizations (“JCAHO”)] is urging hospitals to address the ongoing problem of health care worker fatigue as it relates to...
Trial is the monthly magazine of the American Association for Justice (“AAJ”) www.justice.org, formerly the American Trial Lawyer’s Association (“ATLA”), the premier national organization for plaintiff lawyers. Trial’s November 2011 issue focuses on “Products Liability” with the following articles: “Go Global for Stronger Safety Claims,”...
Trial is the monthly magazine of the American Association for Justice (“AAJ”) www.justice.org. Its December 2011 issue features an article on crime victims: “When Torts and Crimes Overlap”. “When a civil suit involves a criminal act, the perpetrator’s prosecution can be an invaluable source of information,”...
Mr. Waterman wishes everyone a very happy New Year’s Eve and wonderful 2012! May the spirit of good will carry throughout the year for your family, friends, and you! Too often celebration ends in personal injury and wrongful death by vehicle accident due to operators being...
The Fall 2011 issue of The Trial Lawyer, The National Trial Lawyers’ quarterly magazine, features as 12-page article: “2012 Mass Tort Drug Chart”. It tabulates the status of product liability litigation, principally against pharmaceutical manufacturers. The following are the 37 prescription drugs and prosthetic devices covered:...
On December 19, 2011, Mr. Waterman settled another car accident claim against the offending motorist insured of State Farm Mutual Automobile Insurance Company. It is the companion claim for those of two other claimants in the same family. The victim driver was relocating his family from...
Whether you celebrate Christmas, Hanukkah, Kwanzaa, or another holiday, Mr. Waterman wishes you a very happy one! May your family, other loved ones, and you be joyous and safe in your special celebration...
Mr. Waterman compromised a car wreck claim for personal injuries arising because the offending motorist from Yorktown traveling on Marcella Drive failed to yield the right-of-way and broadsided the victim from Newport News traveling on Executive Drive in Hampton, Virginia. It was not necessary to...
On November 23, 2011, Circuit Court for the City of Alexandria, Virginia, rejected defendant healthcare provider’s medical malpractice claim of privilege based on the 2011 Amendment of Va. Code Ann. §8.01-581.17, and ordered the hospital to produce its so-called “incident report”. The pivotal case is...
Mr. Waterman a car accident case arising out of a two-car collision involving residents of Newport News. The victim underwent healthcare treatment at Riverside Regional Medical Center and physical therapy. Suit was filed for the vehicle collision claim. But the lawsuit did not have to be...
Mr. Waterman settled for tens of thousands of dollars a vehicle accident case arising in James City County, Virginia, because the offending motorist rear-ended the victim. A lawsuit was filed in Williamsburg to protect the statute of limitation, but did not have to be served. The...
In December, 2011, the 2012 Edition of Virginia’s Best Lawyers featured on its cover Patten, Wornom, Hatten & Diamonstein as Virginia’s “lawyers of the year”. Five partners were recognized individually – Mr. Waterman, Mr. Patten, Mr. Hatten, Mr. Garnett, and Mr. Shoemaker – appearing on...
On December 5, 2011, Mr. Waterman filed Reply Brief in Gagnon v. Burns, No. 110767 c/w Burns v. Gagnon, No. 110754, in the Virginia Supreme Court at Richmond, Virginia. Those consolidated brain injury appeals raise issues of liability and damages on his $6,100,000.00 jury verdict...
Another issue in the consolidated brain injury appeal before the Virginia Supreme Court in Burns v. Gagnon, No. 110754 c/w Gagnon v. Burns, No. 110767 is the admissibility of the key witness’ de bene esse deposition taken in the companion predecessor action that was non-suited....
In the brain injury appeal of Burns v. Gagnon, No. 110754 c/w Gagnon v. Burns, No. 110767, the Defendant claims that the prior action deposition should not be admissible because it was defended by an associate instead of a partner. However, Virginia and Federal cases...
In Burns v. Gagnon, No. 110754 c/w Gagnon v. Burns, No. 110767, the $6,100,000.00 brain injury verdict on appeal to the Virginia Supreme Court, a sub-issue on admissibility of the prior action deposition is whether the current action involves the “same subject matter”. Plaintiff filed...
On November 23, 2011, Mr. Waterman filed Plaintiff’s Motion to Compel in the car crash case of Cooper v. Tigges, No. CL 63034 in Circuit Court for Loudoun County, Virginia. He seeks the contemporaneous witness statements of both drivers taken in the routine and ordinary...
On November 21, 2011, Mr. Waterman filed Brief in Opposition and in Support of Assignments of Cross-Error of Appellee/Cross-Appellant, Gregory Joseph Gagnon, with the Virginia Supreme Court in Richmond, Virginia. It is in the consolidated brain injury appeal, Burns v. Gagnon, No. 110754 c/w Gagnon...
The December 2011 issue of Hampton Roads Magazine names Mr. Waterman to The Annual List of Super Lawyers, “The Top Attorneys in Hampton Roads”. He is 1 of only 7 Hampton Roads lawyers recognized for “PERSONAL INJURY PLAINTIFF: MEDICAL MALPRACTICE,” Id. at S-7 and S-9;...
The October/November 2011 issue of the Louisiana Bar Journal features “Camera Phones, Patient Privacy and HIPAA: The Growing Problem of Camera Phone Abuse in Health-Care Facilities”. That legal article chronicles that “the majority of the reported cases of camera phone abuse in health-care facilities involve...
On November 9, 2011, Mr. Waterman served a car collision suit pending in Circuit Court for the City of Newport News, Virginia. The case is Reynolds v. Adair, No. CL1101523V-04. Prior to having the Reynolds motor vehicle accident lawsuit served on the Defendant, Mr. Waterman made...
The October 2011 issue of Trial, the monthly publication of the American Association for Justice (“AAJ”) www.justice.org, features “Benefits of a Grief Counselor’s Testimony.” The bottom line of that article is that a professional “grief counselor can put the loss [of wrongful death] in context...
The Lawyer’s LogBook, a bi-monthly publication for plaintiff’s lawyers only, focused its June-July 2011 issue on trucking vehicle crashes. Titles of articles featured are: (1) Personal Injury & Wrongful Death Caused by Trucking Accidents; (2) Downhill Braking; (3) The Case of the ‘Dana Point Pirates’;...
“Invited error” is a specific waiver issue in Gagnon v. Burns, No. 110767 c/q No. 110754 in the Virginia Supreme Court in Richmond, Virginia. The brain injury victim argues that the opposition is estopped on appeal from complaining about the legal consequence the damage instructions...
Happy Halloween! Amid all the costuming and merriment, remember to think safety. Time-worn precautionary practices include buying fire-resistant costumes with reflective surfaces or accessories; using the “buddy” system, flashlights, and cell phones; warning against going inside homes visited; and carefully checking wrappers for tampering. Be wary...
On October 27, 2011, Mr. Waterman refiled a medical malpractice suit in Circuit Court for the City of Newport News, Virginia, captioned Shirley Frazier Burrell v. Riverside Hospital Inc. and Nurse M. Ames. The original suit was in the now – widowed patient’s then –...
On October 25, 2011, Mr. Waterman files Brief of Appellant in Gagnon v. Burns, No. 110767 c/w No. 110754 in the Supreme Court of Virginia in Richmond, Virginia. Waiver is an issue in that brain injury appeal of the jury’s $6,100,000.00 verdict in Circuit Court...
The Summer 2011 issue of The Safety Report featured article “Brain Injury – Recognizing a ‘Hidden Disability’”. The Center for Disease Control and Prevention (“CDC”) estimates that annually there are 1,700,000 traumatic brain injury (“TBI”) victims in the United States, causing 1,370,000 emergency room visits,...