Virginia: Patient Fall – a Lawyer’s Appeal

placeholder image big

On January 29, 2013, Circuit Court for the City of Newport News, Virginia, entered Final Judgment Order in Shirley Frazier Burrell v. Riverside Hospital, Inc., et al., No. CL1101633F-15. On December 7, 2012, the jury unanimously awarded $3,500,000.00 in damages against Defendant, Riverside Hospital, Inc., in favor of its brain injury victim.

Defendant Riverside Hospital, Inc., filed Notice of Appeal in the Burrell case on January 30, 2013; and must post a $1,900,000.00 appeal bond within 21 days to suspend collection by Plaintiff against it. Its medical malpractice victim also intends to file Notice of Appeal this month, cross-appealing against Riverside Hospital, Inc. on multiple points.

In Burrell, the then 81 year-old intermittently-confused in-patient at Riverside Regional Medical Center suffered a patient fall and resulting broken femur, head injury, and permanent hemiplegia. Suit was filed against Riverside Hospital, Inc. for its failure properly to assess its in-patient as a high unto extreme fall risk and for its failure properly to intervene, including by simple activation of her built-in bed alarm, use of a sitter and/or use of soft restraint (like it did for 5 days straight after its in-patient already was seriously injured permanently).

Previously by Fax Memorandum on January 22, 2013, Mr. Waterman was notified that a Summary of the Burrell brain injury case would be published electronically on LEXIS-NEXIS, on, and possibly in Metro Verdicts Monthly.