On January 25, 2010, dailypress.com headlined, “Judge’s ruling may mean smaller damages in Gloucester lawsuit,” and subtitled “Decision expected to head to the Supreme Court”. It covered hearing that day in the brain injury case of Gagnon v. Burns, No. CL08-572 in Circuit Court for...
On January 24, 2011, Virginia Lawyers Weekly headlined “Details scant in settlement of shoulder dystocia case,” and subtitled “987,500 Settlement”. Mr. Waterman and co-counsel resolved that medical malpractice action. Their $987,500.00 settlement negotiated on September 7, 2010, was for “Brachial plexus injury caused by shoulder-dystocia delivery”....
Typically in Virginia, jurors receive the Virginia Model Jury Instructions about what damages they can award victims of wrongful death, vehicle accidents, medical malpractice, defective products, and other personal injury. Those pattern instructions inform jurors that they should consider pain, suffering, inconvenience, disfigurement, medical bills,...
Many Virginians qualify for Workers’ Compensation when killed or injured on-the-job by a third-party wrongdoer. But under Virginia law, victims of on-the-job wrongful death, vehicle accidents, product liability, and other personal injury still are entitled – and need – to be compensated fully by the...
During January 29-February 1, 2011, Mr. Waterman travels to Montana for the discovery deposition of one of his medical malpractice experts in Marshall v. Moniz, et al., No. CL08-2018 in Circuit Court for the County of York and Town of Poquoson, Virginia. Plaintiff patient in...
On January 11, 2011, The Virginian-Pilot headlined “Deal Would Raise Cap on Malpractice Suits in VA”. It covers a compromise hammered out between the Medical Society of Virginia and the Virginia Trial Lawyers Association to increase the Commonwealth’s statutory limitation of $2,000,000.00 on medical malpractice...
On January 10, 2011, Virginia Lawyer’s Weekly recognized Mr. Waterman for obtaining the 8th largest jury verdict in the Commonwealth of Virginia during 2010. On August 26, 2010, he received a jury award of $6,100,000.00 (including pre-judgment interest of $1,100,00.00) for a brain injury victim...
Most Virginians have some form of private health insurance or at least qualify for public health coverage in the form of Champus, Medicare and/or Medicaid. But under Virginia law, victims of wrongful death, vehicle accidents, medical malpractice, and other personal injury still are entitled –...
In Virginia, victims of medical malpractice are entitled to know the dollar amount and other terms of liability insurance covering a defendant healthcare provider. However, as a general rule such victims and their lawyers are prohibited from disclosing such insurance coverage at trial. Virginia’s approach to...
Mr. Waterman celebrated with family and old friends in Winchester, Virginia. But he returns to Williamsburg on Sunday the 2nd and to the office on Monday the 3rd. The year in general and January in particular will be an active one for his medical malpractice docket....
Mr. Waterman and his legal assistants wish clients and everyone else in Hampton Roads and throughout Virginia a very merry holiday season. Hopefully all will have a wonderful time with family and friends. Hopefully too all will be safe over the break. Take care behind the...
By letter dated December 21, 2010, the trial judge in the brain injury case of Gagnon v. Burns, No. 08-572 in Circuit Court for Gloucester County, Virginia, directed an additional hearing prior to entry of Final Judgment. The continuing issue is Defendant Burns’ joint and...
On December 16, 2010, Mr. Waterman filed Plaintiff’s Supplemental Motion and Memorandum for Joint and Several Liability in the brain injury lawsuit of Gagnon v. Burns, Case No. 08-572 in Circuit Court for Gloucester County, Virginia. He found substantial new legal authority for a negligent...
On December 10, 2010, when the insurance company representatives failed to recommend paying policy limits to the vehicle accident victim by the deadline given, Mr. Waterman sent the case to suit. The next business day, December 13th, the insurer belatedly tendered its policy limits. Its policy...
On December 10, 2010, the Newport News Division of Bankruptcy Court for United States District Court for the Eastern District of Virginia entered companion Orders in Chapter 7 proceedings for discharge, In re Christine D. Newsome, No. 10-51792-SCS, and In re James S. Newsome, Jr.,...
On December 2, 2010, another insurance company re-victimized a vehicle accident victim of its insured. In a clear case of liability and significant damages in York County, the offender’s insurer low-balled the Virginia victim motorist. For years, insurance companies and other defense interests have massaged public...
On December 1, 2010, Mr. Waterman reached a settlement agreement on a local vehicle accident claim without having to file suit. It was a two-car collision in Newport News, Virginia, involving residents of Yorktown and Newport News. The vehicle accident victim initially was treated in the...
On November 11, 2010, Mr. Waterman settled a vehicle accident claim arising in Newport News, Virginia, involving residents of Newport News and Hampton. Suit had been filed on the two-car accident within the statute of limitation, but the lawsuit did not have to be served...
On November 15, 2010, Mr. Waterman settled another Virginia vehicle accident. This two-car collision occurred in Albemarle County, involving residents of Norfolk and Afton. The vehicle accident victim received medical treatment in Charlottesville, Williamsburg,, and Portsmouth, Virginia; Memphis, Tennessee; and Chula Vista, California. Despite all of...
On November 9, 2010, Circuit Court for Gloucester County, Virginia, heard the brain injury case of Gagnon v. Burns, No. CL08-572. The judge tentatively refrained from entering a Judgment Order to await hearing of Plaintiff’s pending motions for relief from automatic stays enjoyed by the...
On November 8, 2010, The Daily Press and dailypress.com headlined “Woman’s death sparks lawsuit against Gloucester surgeon”. That media coverage is of Mr. Waterman’s $4,350,000.00 wrongful death suit Martha Sue Norville, Executor of the Estate of Ethelone M. Chamber, Deceased v. Melvin Wayne Ressler, M.D.,...
Virginia law protects successful wrongful death, brain injury, and other personal injury litigants by requiring defendants to file “an appeal bond or irrevocable letter or credit in the penalty of $500, or such sum as the trial court may require”. Va. Code. Ann. §8.01-676.1 (emphasis...
Va. Code Ann. 46.2-1156.1 promotes the safety of certain children in vehicle accidents involving pickup trucks. It forbids the transportation of minors under 16 years of age in the rear cargo area of any pickup truck on a Virginia highway. However, some organized parades and...
Bicyclists frequently are victims of vehicle accidents, so should wear bicycle helmets to minimize wrongful death and brain injuries. Although Virginia does not have a statewide law, the following Hampton Roads and other localities have ordinances mandating bike helmets based on age: Albemarle County, City...
Halloween! It is a time for fun, particularly for young children. It also is a time for safety, particularly with young children. Parental vigilance assures that young trick-o-treaters do not become crime victims. Older children playing serious pranks, unsavory residents giving tampered snacks, and other unexpected...
On October 29, 2010, Mr. Waterman escorts his youngest daughter, Elizabeth T. Waterman, to the black-tie Gala Reception and Banquet of The John Marshall Foundation in Richmond, Virginia. There its 3rd John Marshall Medal in Law is awarded to the Honorable Harry I. Carrico, former...
Virginia’s Child Restraints law, Va. Code Ann. 46.2-1095(A), protects children under 8 years old in vehicle accidents. It requires all drivers to ensure that children 7 years of age or younger be provided with and properly secured in a child restraint device – a so-called...
Destruction or other loss of crucial evidence by a wrongdoer is not uncommon, particularly in record-laden cases of medical malpractice. At trial in August, 2010, for example, the Defendant Assistant Principal admitted that he had destroyed his pertinent calendar entries and had lost his hand-written...
Va. Code Ann §17.1-600, et. seq. provides for recovery of “costs” in litigation. §17.1-601 states the general rule that a prevailing party given a final judgment shall recover costs. §17.1-626 leaves the taxing of most costs to Court discretion....
In addition to the common law of Virginia dictating joint and several liability for the whole amount for all joint tortfeasors, the Code of Virginia dictates the same thing. Va. Code Ann. §8.01-443. A jury has no authority to dictate separate versus joint and several liability...