On May 8, 2018, Circuit Court for City of Lynchburg, Virginia, granted the medical malpractice Plaintiff’s Motions to Compel, found multiple key materials to be discoverable, and ordered Defendants to produce them. The case is Carwile v. Centra Health, Inc., No. CL16-823. Carwile ruled that Plaintiff...
By unpublished Order on July 26, 2018, the Virginia Supreme Court affirmed dismissal of a legal malpractice suit by Fairfax Circuit Court. The case is Sere v. Trapeni, No. 170842. Sere declared that “the circuit court’s rulings in the underlying personal injury action have no preclusive...
On September 21, 2018, a Fairfax jury awarded $2,500,000.00 plus pre-judgment interest from the time of medical malpractice to the victim patient who was not treated properly in the Emergency Room after sustaining a stroke. Key evidence at trial was metadata from the hospital’s electronic...
On September 13, 2018, the Virginia Supreme Court rejected the appeal Shaun Brown, upholding Richmond Circuit Court’s finding that election fraud by Republican Scott Taylor’s staff precluded Brown (an Independent) as an intended “spoiler” candidate against his Democratic rival, Elaine Luria, for Virginia’s U.S. Congressional...
On April 27, 2016, the Medical Director of Williamsburg Landing, Inc. (“WLI”) certified to Virginia’s Department of Health by official Certificate of Death that a WLI resident patient’s cause of death was the fall suffered in Hoyer lift transfer by a WLI nurse’s aide. The...
On April 15, 2016, a resident patient of Woodhaven Hall at Williamsburg Landing, Inc. (“WLI”) was dropped 4 feet from a hoyer lift onto her hard nursing home bedroom floor by WLI’s nurse’s aide, and died from her fall-related injuries there 8 days later. In...
Trial is the monthly law journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its issue for September, 2018, is entitled “An Assault on WORKERS’ RIGHTS”. September 2018 Trial’s “Verdicts & SETTLEMENTS” reports 3 motor vehicle accident cases. “Texting while driving”...
On September 5, 2018, Trump Republican congressional candidate Scott Taylor dodged a subpoena to testify in Richmond Circuit Court. But Taylor’s paid campaign aides and their would-be election “spoiler” (Shaun Brown, indicted on pending federal corruption charges) could not dodge the underlying election fraud suit...
On August 28, 2018, Circuit Court for the City of Winchester, Virginia, entered Order denying Defendant’s Demurrer and Motion to Strike re Plaintiff’s claim for punitive damages. The medical malpractice case for wrongful death arising from a pressure sore wound is Bunting v. Pinnacle Servs....
On August 13, 2018, Circuit Court for Fairfax County, Virginia, granted and entered Order on Plaintiff’s Motion in Limine to Exclude Evidence and Argument Regarding Prior Deliveries Without Injury in the medical malpractice case of Hargrove v. Gonzalez, No. 2016-4324. On August 29, 2018, a...
On August 20, 2018, Arlington County Circuit Court granted Plaintiff’s Motion to Compel Patient Factual Information in the medical malpractice case of Lowe v. Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc. d/b/a Kaiser Permanente, et al., No. CL-17002837-00. See, Order. It rejected dual...
On August 15, 2018, Avery T. “Sandy” Waterman, Jr., Esq. again was selected for inclusion in The Best Lawyers of America for 2019 for Medical Malpractice Litigation – Plaintiff and for Personal Injury Litigation – Plaintiff. This marks the 12th consecutive year since 2008 that...
Trial is the monthly legal journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for August, 2018, is entitled “GET READY FOR TRIAL.”. “Verdicts & SETTLEMENTS” of August 2018 Trial reported 2 vehicle accident, 1 aviation, and 1...
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,...