Medical malpractice, vehicle accident, and other defendants may assert “illegal act” as a defense. Easy to claim, hard to prove. The “illegal act” defense stringently requires defendants to prove that the “illegal act” is the “direct cause” of the wrongful death or personal injury. E.g., Johnson...
On January 16, 2018, Children’s Hospital of the King’s Daughters, Incorporated (“CHKD”) filed Motion Regarding Blog of Plaintiff’s Counsel in the medical malpractice case of Wilder v. CHKD, et al., No. CL16-8482-00 in Norfolk. As Defendant in that wrongful death case, which is set for...
On December 8, 2017, Fairfax Circuit Court ordered over objection inter alia that the medical malpractice Defendant produce all “metadata for the Electronic Medical Records of the Plaintiff in a readable format”. See, Order at 2. The case is Lee v. DuPont, No. 2017-10416....
Trial is the monthly law journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for January, 2018 is dedicated to “Keeping Our Kids Safe”. This Trial’s 5 lead articles include “Fumbling Preventable Brain Injuries,” id. at 34-39, “Blind...
On December 29, 2017, the National Academy of Personal Injury Attorneys (“NAOPIA”) headquartered in Washington, D.C. informed Mr. Waterman that he was chosen to receive its 2018 TOP 10 Attorney Award for Virginia. Final selection for this prestigious honor was by the Board of Governors....
In Cohen v. Dziorlor, No. CL2015-0014084, Fairfax County Circuit Court greatly limited the defense neuropsychologist’s examination of Plaintiff pursuant to Va. S. Ct. Rule 4:10, over Defendant’s objection. Specifically, the neuropsychologist was: Limited to 6 hours for interview and examination; Forbidden to question about “extraneous matters”; Required to...
On December 24, 2017, The New York Times reported: “The Trump administration is scaling back use of fines against nursing homes that harm residents or place them in grave risk of injury”. Yet troublingly nursing facility violations already were rampant with the existing federal fine...
On December 13, 2017, Chesapeake Circuit Court ordered the out-of-state Defendant to appear for his deposition locally in Virginia, pursuant to Va. S. Ct. Rule 4:5(a). The case is Seimetz v. Beck, No. CL17000667-00. To the same effect are the Orders in Harrell v. Butch, Inc.,...
On December 6, 2017, Fairfax County Circuit Court ordered that Defendant’s retained psychologist (Dr. Douglas P. Gibson) produce his raw “test data” and “test materials” from his examination of the Plaintiff public transit accident victim. The case is Pitman v. Metropolitan Washington Airports Authority, No....
Trial is the monthly law journal of the American Association for Justice {“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for December, 2017, is entitled “Protecting the Elderly”. December 2017 Trial features 2 medical malpractice articles. The first is Resident-on-Resident Assaults in Nursing Homes,”...
On November 8, 2017, Mr. Waterman was invited to be a member of Trial Masters, a legal honor based on his trial experience....
On November 15, 2017, Mr. Waterman was selected to 2018 Virginia Super Lawyers for the primary practice area of Personal Injury Medical Malpractice: Plaintiff. This marks the 10th year in a row since 2009 that he has been so honored....
Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for November 2017 is entitled “Products Liability” and subtitled “EXPOSING CORPORATE WRONGDOING”. November 2017 Trial highlights 3 motor vehicle accident cases in its “Verdicts &...
By Letter Opinion dated October 27, 2017, Gloucester Circuit Court granted Plaintiff’s Motion to Compel Discovery of the “training materials” of Defendant nursing facility, Virginia Health Services, Inc. The medical malpractice wrongful death case is Patrick Lee Cherrie, Administrator of the Estate of Gerda A....
On October 30, 2017, Mr. Waterman was selected for “America’s Top 100 High Stakes Litigators for Virginia”. Less than one-half of one percent of litigators are the elite recipients of this award....
Virginia Lawyer is the monthly journal of the Virginia State Bar (“VSB”). Its issue for October, 2017, focuses on Health Law and features an article entitled “False Claims Act Liability Has a New Implied Certification Standard, or Does It?” Id. at 34-37. The False Claims Act...
Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Associations (“ATLA”). Its issue for September, 2017, is “On The Technological Edge”. September 2017 Trial’s “Verdict & SETTLEMENTS” features three car crash cases – two involving law enforcement officers –...
On July 19, 2017, after having been asked for $3,000,000.00 in closing, a Fairfax County jury awarded $8,700,000.00 to 2 surviving statutory beneficiaries for wrongful death against the Defendant interventional neuroradiologist in a medical malpractice case, Raznoff/Ebersole v. American Anesthesiology of Virginia, et al., No. 2016-01808....
In Williamsburg, Virginia, vehicle crashes are rising at the intersection of Monticello Avenue and Courthouse Drive adjacent New Town. The culprit: driver error atop a turning lane light recently having been changed from an alternating green/yellow/red to a constantly blinking yellow. Mr. Waterman resides in and...
On July 6, 2017, Circuit Court for Fairfax County, Virginia, entered two pro-plaintiff Orders in the medical malpractice lawsuit of Raznoff/Ebersole v. American Anesthesiology of Virginia, et al., No. 2016-01808. The first Order precluded all “risk of the procedure” evidence in that surgical case, including...
Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for July, 2017, in its “Verdicts & SETTLEMENTS,” marquees “Police cruiser strikes railcar,” a 2016 Illinois $2,500,000.00 jury award for a Chicago car-train crash...
Under the public’s radar, President Donald Trump is pushing H.R.1215, a medical malpractice and product liability bill that strips U.S. citizens of their rights. Trump’s “tort reform” limits the time to file suit, limits non-economic [pain, suffering, inconvenience, etc.] damages awards, limits recovery against defendants...
With vehicular accident fatalities rising sharply in recent years (after having fallen for many years), law enforcement soon may be using “textalyzers” to combat texting and other illegal use of cellphones while driving vehicles, just like “breathalyzers” are used to combat driving while under the...
On April 27, 2017, the Virginia Supreme Court issued Manu v. GEICO Cas. Co., No. 160852. It affirmed Fairfax County Circuit Court ruling as a matter of law that an uninsured motorist (“UM”) insurer could not be liable under Va. Code §8.01-66.1(D)(1) for failing to...
On February 26, 2017, an offending Newport News motorist failed to yield the right of way to a bicyclist on Boxley Boulevard in Newport News, Virginia, driving the victim airborne and causing grievous injuries requiring major surgery and convalescence. The offending driver was cited for...
Trial is the quarterly journal for the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for April 2017 is emblazoned “DAMAGES” and subtitled “Jurors’ minds – What’s beneath the surface?”. Its 7 featured articles are: “UNDER THE SURFACE,” id. at...
Children’s Hospital of the King’s Daughters, Inc. (“CHKD”) did not contract with a Patient Safety Organization (“PSO”) until April 22, 2013, per its Answer to Interrogatory 30 in the wrongful death medical malpractice case of Elizabeth Brown Wilder, Administratrix of the Estate of Fredrick Wade...
On March 20, 2017, United States District Court for the Western District of Virginia, Charlottesville Division, entered Memorandum Opinion in the wrongful death case of Whitacre v. Thiele, 2017 WL 1048133. Sitting in diversity under Virginia law, id. at 6, it denied the Defendant UVA physician...
On March 16, 2017, Richmond Circuit Court entered a pre-trial Order, granting Plaintiff’s Motion in Limine and excluding 4 statements of testimony by the Defendant doctor in the medical malpractice case of Sexton v. Bowser, No. CL 14-5484. Dr. Bowser’s uncorroborated testimony violated Va. Code...
On February 16, 2017, the Virginia Supreme Court affirmed grant of summary judgment by Danville Circuit Court in the motor vehicle car crash case, Ricketts v. Strange, No. 160311. Id. at 10. Personal injury plaintiff lacked standing because after filing for bankruptcy protection following her...