By letter opinion dated February 12, 2018, Circuit Court for the Counties of Lee, Scott and Wise and the City of Norton, Virginia, denied the medical malpractice defendant’s Motion in Limine to prohibit plaintiff expert’s causation testimony about the efficacy of tPA in preventing hemorrhagic...
On January 28, 2018, after 2-week trial, a jury awarded $109,000,000.00 to a 2010 multiple-amputee medical malpractice victim against the University of South Florida College of Medicine. Lisa Marie Carter suffered amputations of both her arms below the elbow, of both her legs below her...
Plaintiff is not required to introduce a mortality table to prove life expectancy in support of general damages for wrongful death. Eisenhower v. Jeter, 205 Va. 159, 164 (1964). By statute and jurisprudence, however, Plaintiff clearly is entitled to do so. Per Va. Code §8.01-419, Virginia’s...
Trial is the monthly legal journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for February, 2018 is focused on “Transportation” and entitled “Danger on the Road”. February 2018 Trial features 4 articles about vehicle accidents: “8 Tips...
The Trial Lawyer is the quarterly law journal of the National Trial Lawyers TOP 100 TRIAL LAWYERS. Its cover for Winter 2017 is: “The PILL PUSHERS Behind the OPIOID EPIDEMIC”. Winter 2017 Trial Lawyer features 2 articles involving automobile accidents. They are “NEW STUDY: ESTABLISHING THE...
Wrongful death cases potentially present a unique evidentiary exclusion issue at trial. Uncorroborated evidence basically is inadmissible against the deceased or his representative. Virginia’s Deadman’s Statute, Va. Code §8.01-397, is entitled: “Corroboration required and evidence receivable when one party incapable of testifying” (emphasis original). §8.01-397 mandates:...
On January 22, 2018, Virginia Lawyers Weekly headlined Mr. Waterman’s case: “Plaintiff gets nursing home training materials”. Id. at 2. The article is sub-headed: “A Gloucester County judge has allowed a medical malpractice plaintiff to examine health care training materials over the objection of a...
Medical malpractice Defendants are wont to interpose the alleged intervening negligence of another healthcare provider. To be a causation defense, however, the intervening negligence also prove to be the superseding cause – a rare circumstance. “In order to relieve a defendant of liability for his...
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...