Virginia: Brain Injury – a Lawyer’s Hearings

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On July 15, 2010, the brain injury case of Gagnon v. Burns, No. CL08-572, was heard in Circuit Court for Gloucester County, Virginia, on various pre-trial Motions. In Gagnon, the Plaintiff student was injured seriously when he was attacked by another student at Gloucester High School, despite yet another student having warned Assistant Principal Burns of the impending hours beforehand.

Defendant Burns had moved the Court to keep from the jury a SPECT scans, which showed an abnormality in the Plaintiff brain injury victim. Among other things, however, Mr. Waterman presented medical literature in Gagnon supporting that the SPECT scan was accepted and reliable for diagnosing brain injury; so the defense conceded that the SPECT scan presented a jury issue.

A damage claim of $9,350,000.00 is at issue in Gagnon. Trial of the merits of the brain injury claim is scheduled for August 16-27, 2010.