Virginia: Brain Injury – a Lawyer’s Correction

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On August 26, 2010, The Daily Press covered the brain injury trial for $9,350,000.00 in Gagnon v. Burns, No. CL08-572 in Gloucester Circuit Court, Virginia. It headlined: “Witnesses: Assailant insulted in school fight,” and subtitled “Friends say prior to throwing a punch, assailant started to walk away from fight”; after having posted the same on on August 25, 2010.

But the limited defense witnesses’ testimony covered by the newspaper was inconsistent internally, with one another, and with other witnesses and even the Defendants themselves. The most significant development in Gagnon actually occurred at the beginning of that day and was not covered: in a stunning turn of events, the defense abruptly withdrew all of its medical experts, thereby effectively conceding that the Plaintiff suffered permanent brain injury and multiple other deteriorating traumatic conditions.