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In an unpublished 16-page opinion issued August 2, 2018, a unanimous 3-Judge panel of the U.S. Fourth Circuit Court of Appeals upheld jury awards of punitive damages in the wrongful death cases in Kee v. Blue Ridge of Raleigh, LLC, et al., No. 17-1900. Although...

On July 19, 2018, Senior United States District Judge Morgan awarded a mentally-ill patient at Central State Hospital (“CSH”) $385,000.00, plus pre-judgment interest and attorney fees to be determined, against a doctor and a nurse responsible for his care for multiple violations of his Constitutional...

Car crash statistics of Virginia’s Department of Motor Cars (“DMV”) for 2016 and 2017 showed markedly different trends in James City County, York County, and Williamsburg. In James City County during 2016-2017, there was an increase in crashes, a greater percentage increase in injuries, and...

On January 10, 2014, Fairfax County Circuit Court overruled the medical malpractice Defendants’ demurrer, finding “Plaintiff had stated a viable claim for punitive damages under the facts of the case” in Conrad v. CSP Nova, LLC, No. CL2013-13209. Complaint alleged inter alia pre-incident awareness of...

On July 12, 2018, a Defendant nursing home supplemented with multiple nursing home policies its initial document production in response to Va. Code §8.01-413(C) Subpoena Duces Tecum prior to service of the pending medical malpractice lawsuit. The wrongful death case arising from resident patient fall...

On July 12, 2018, Fairfax Circuit Court issued a 5-page scholarly letter opinion and order overruling the medical malpractice defendants’ Demurrer and holding that “the Virginia Wrongful Death Act permits the distribution of damages to statutory beneficiaries of a fetus beyond the natural mother”. The...

Trial is the monthly legal journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its issue for July, 2018, is emblazoned “BIG PHARMA: A Broken System”. In “Verdicts & SETTLEMENTS,” July 2018 Trial marquees a motor vehicle case, “Failure to remove...

The 7/7/18 front-page expose by The New York Times, entitled “‘It’s Almost Like a Ghost Town.’ Most Nursing Homes Overstated Staffing for Years,” corroborates prior lawsuit allegations by Mr. Waterman, based on his consulting expert’s analysis of Medicare payroll data reported by a local Defendant...

On September 1, 2017, Loudoun County Circuit Court overruled defendant nursing home’s demurrer, finding plaintiff had sufficiently pled allegations supporting punitive damages. The medical malpractice case is Hirsch v. CSP Nova, LLC, No. CL108222....

On June 28, 2018, after 6-day trial, a Loudoun County jury awarded a medical malpractice victim $2,100,000.00. The case is Lee v. DuPont, No. 2017-10416. Prevailing plaintiff counsel in Lee recognized Mr. Waterman for his assistance in prevailing. As requested pre-trial, Mr. Waterman provided his briefing...

On June 29, 2018, a jury awarded a medical malpractice victim $5,000,000.00 against the defendant radiologist for delayed cancer diagnosis in Circuit Court for the City of Newport News, Virginia. Notably, it was a “no-offer” case: the brazen healthcare provider, insurer, and lawyer refused to...

On June 25, 2018, Virginia Health Services, Inc. (“VHSI”) belatedly produced the following risk management materials in response to Va. Code 8.01-413(C) Subpoena Duces Tecum prior to the pending lawsuit against it being served: (A) Incident/Accident Reports and Fall Investigations for its victim resident patient’s...

On May 29, 2018, Circuit Court for Fairfax County, Virginia, denied the Defendant’s Motion for Protective Order, and ordered that Plaintiff’s de bene esse deposition of her treating physician immediately follow the Defendants’ discovery deposition of the doctor on May 30, 2018. The case is...

The Trial Lawyer is the quarterly legal journal of The National Trial Lawyers: Top 100 Trial Lawyers. Its issue for Summer 2018 is entitled “RESURRECTION OF THE TRIAL LAWYER”. Its lengthy lead article of the same title spans 10 pages. Id. at 56-65. Another feature article...

Williamsburg Landing’s charting about the injurious fall suffered by its victim resident patient, Harriet Clymer, is conspicuously spare. But the undated uncharted letter of its Director of Nursing at Woodhaven Hall, Troy Crocker, RN, fesses up: “there was miscommunication in executing the transfer with 2...

On May 10, 2018, by unpublished Order in Mack v. Blount, No. 170878, an appeal from Hampton Circuit Court, the Virginia Supreme Court found that it was “[reversible] error for the trial court to refuse to properly instruct the jury, when it was aware of...

Trial is the monthly legal journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”).  Its issue for June, 2018, is entitled “PROTECTING THOSE WHO SERVE”. June 2018 Trial reported vehicle accident cases in its “Verdicts & SETTLEMENTS”.  Id. at 10,...

On May 25, 2018, pursuant to 5/7/18 Hearing Order entered on May 18, 2018, nursing home Williamsburg Landing, Inc. belated produced a whopping 573 pages of key medical records and papers pertaining to its deceased resident patient, most of which it wrongfully had withheld in...

On June 6, 2018, Mr. Waterman was an invited speaker for the Virginia Trial Lawyer’s Association CLE entitled “Ending the Case Before Judgment,” which covered Virginia nonsuit law.  His topic was “Strategic and tactical considerations” of nonsuit.  He has handled 3 appeals before the Virginia...

By Order entered May 8, 2018, Newport News Circuit Court granted Plaintiff Second Motion for Leave to Amend in the nursing home case of Davis v. Virginia Health Services, Inc., No. CL703550F-15.  Progressively, Plaintiff’s Second Amended Complaint in Davis v. VHS delineates separate survival personal...

On May 3, 2018, the Virginia Supreme Court issued Cherry v. Lawson Realty Corp., No. 170718, reversing a pre-trial partial dismissal with prejudice of claims by Newport News Circuit Court.  Cherry held that enactment of Va. Code §8.01-226.12 supplemented, not abrogated, Plaintiff’s claims for common...

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”).  Its issue for May, 2018, is entitled “MEDICAL NEGLIGENCE”. May 2018 Trial features 3 medical malpractice articles: “FIRE in the OR,” id. at 34-38; “Understanding Fetal Monitoring EVIDENCE,”...

In May, 2018, WY Daily reported about the escalation in hit-and-run accidents, particularly involving pedestrian victims.  AAA Foundation for Traffic Safety statistics are troubling: (2006-2016) Average of 682,000 hit-and-run crashes/year. (2006-2016) 65% of hit-and-runs involved pedestrians or bicyclists. (2006-2016) 20% of pedestrian deaths are by hit-and-run drivers. (2009-2016) 60%...

On May 3, 2018, the Honorable Michael E. McGinty denied Defendant nursing home’s Demurrer and upheld Plaintiff’s pleading for punitive or exemplary damages, based principally on local DSS Adult Protective Services’ investigation/determination of “abuse, neglect or exploitation” and need for protective services at the nursing...

On May 3, 2018, the Honorable Michael E. McGinty granted Plaintiff patient’s motion to compel and enforce a discovery subpoena for safety committee materials of third-party, Sentara Williamsburg Regional Medical Center, rejecting the hospital’s claims of privilege under Va. Code 8.01-581.17 and under Patient Safety...

On May 7, 2018, Mr. Waterman’s lawsuit was heard by the Honorable Charles J. Maxfield, a retired Fairfax judge who relocated to Williamsburg and was designated to substitute for the regularly presiding judge.  He ruled in favor of Plaintiff patient against Defendant nursing home in...

The Journal of the Virginia Trial Lawyers Association. Vol. 27, No. 1, for Spring, 2018 features “The Definitive Guide to Hospital Electronic Medical Recordkeeping Systems”.  Id. at 4-16. Its author kindly acknowledged Mr. Waterman: “The author would like to thank Avery T. “Sandy” Waterman, Jr....

On April 27, 2018, Spotsylvania Circuit Court opined that the offending motorist’s statement taken by his State Farm insurance adjuster after the two-car crash was discoverable, not privileged work product, as “made to insurance agents in the regular course of business not in preparation for...

On April 30, 2018, Virginia Lawyers Weekly headlined “Peer Review privilege waived over discovery” on its front page, reporting the 4/16/18 wrongful death case Order in Creasy v. Medical Assocs. of Southwest Virginia, Inc., No. CL-17-1582 in Montgomery Circuit Court. Id. at 1. Virginia Lawyers...

On May 2, 2018, WYDaily headlined Mr. Waterman’s medical malpractice case in Williamsburg: “Family sues Williamsburg Landing in mother’s fall-related death at nursing home”.  That wrongful death case is Scruggs v. Williamsburg Landing, Inc., et. al., No. CL1700087-00 in Circuit Court for the City of...