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“Nursing Homes Violated Basic Health Standards, Allowing The Coronavirus To Explode” is a feature article in The Trial Lawyer for Summer 2020. “In some states, nursing home residents account for more than half of COVID-19 deaths.” Id. at 65. The Trial Lawyer is the quarterly law...

Trial for June 2020 reported 4 vehicle collision cases in its “Verdicts & SETTLEMENTS”. The first is “Negligent operation of work van,” a $7,480,000.00 Maryland jury verdict in 2019. Id. at 12. “Negligent operation of farm tractor” highlights a $3,500,000.00 Iowa jury award in 2019....

By letter opinion dated March 23, 2020, Richmond Circuit Court overruled the medical malpractice Defendants’ Demurrer regarding punitive damages, finding Plaintiff alleged willful and wanton conduct in sufficient detail, id. at 2; and overruled Defendant nursing services’ Demurrer regarding contractual and statutory duties, finding sufficient...

On June 4, 2020, the Virginia Supreme Court upheld a medical malpractice Plaintiff proceeding against Virginia Defendant healthcare providers in Virginia for wrongful death after settling with Kentucky Defendant healthcare providers in Kentucky for personal injuries causing the wrongful death. The case is Green v....

By Order entered December 9, 2019, Virginia Beach Circuit Court granted Plaintiff’s motion to compel pursuant to Va. Code §8.01-413(C) for: All writings and other records by medical/nursing personnel addressing the patient’s surgeries, incident and/or condition; All audit data and data dictionaries; and All call,...

On May 7, 2020, Fairfax Circuit Court denied the medical malpractice Defendant’s Motion for Bill of Particulars as to Plaintiff using “vague catch-all” allegations of negligence. Notably, the Judge was the Honorable John M. Tran, who had ruled the opposite previously. The case is Abdulrahman...

Trial for April 2020 reports three vehicle collision cases in its “Verdicts & SETTLEMENTS”. First is “Failure to control school bus,” a $23,000,000.00 2019 jury award in Connecticut. “Failure to yield to pedestrian in crosswalk” chronicles a $1,450,000.00 2019 Florida jury verdict. “Negligent hiring and...

On November 20, 2019, Mr. Waterman was selected for 2020 Virginia SuperLawyers for “Personal Injury Medical Malpractice – Plaintiff”. He has been recognized by SuperLawyers for 12 consecutive years from and including 2009. His law practice focuses on vehicle accidents, medical malpractice, and other cases of...

On April 9, 2020, the Virginia Supreme Court found that a local school board had contracted for and was entitled to $1,000,000.00 auto liability coverage for its student school bus passenger, a motor vehicle personal injury victim. It rejected the Defendant UM/UIM insurer’s contention that...

On April 9, 2020, the Virginia Supreme Court reversed and remanded for retrial the circuit court striking the medical malpractice plaintiff’s claim for punitive damages against a physician who repeatedly prescribed narcotic pain medication without examining the patient for 14 months unto her wrongful death...

By letter opinion dated March 23, 2020, Richmond Circuit Court found that the medical malpractice victim sufficiently stated a cause of action for willful and wanton negligence and punitive damages with “specific instances involving both sets of Defendants acting in conscious disregard or reckless indifference...

By letter opinion dated March 6, 2020, Nottoway Circuit Court granted Plaintiff’s Motion to Compel Defendant’s “staff information;” “policies, procedures, and training materials;” and “financial information” about “net worth” for punitive damages. Id. at 2. The medical malpractice case is Henderson v. Hickory Hill Retirement...

By letter opinion on February 6, 2020, Circuit Court for the City of Charlottesville deemed a temp agency “substitute” nurse an employee of University of Virginia Medical Center (“UVAMC”), yet denied her sovereign immunity. It found that the nurse was not engaged in an “essential...

On February 13, 2020, the Virginia Supreme Court issued Tahboub v. Thiagarajah, No. 190019, reversing and remanding for new trial the dismissal of a medical malpractice claim for wrongful death. It held that Plaintiff’s medical experts sufficiently established a standard of care breach, what should...

January 2020 Trial marquees “Failure to Warn: DRUGS & DEVICES”. It features 5 vehicle crash cases in its “Verdicts & SETTLEMENTS”. Id. at 12-16. “Negligent operation of train caused derailment that injured passengers, motorist” highlights a $16,750,000.00 2019 Washington jury award. Id. at 12. “Improper turn”...

On January 16, 2020, the Virginia Supreme Court unanimously reversed and remanded for jury trial on damages alone a motorist’s personal injury claim against a wrongfully arresting police officer in Cromartie v. Billings, No. 180851. Id. at 22. Most significant for vehicle accident, medical malpractice,...

On January 2, 2020, the Virginia Supreme Court posted an unpublished opinion about declaratory judgment, necessary party, and attorney’s fees provisions in Flint Hill School v. McIntosh, No. 181678, an appeal from Fairfax County Circuit Court. Flint Hill reviewed extensively the “actual controversy” requirement for...

On December 12, 2019, the Virginia Supreme Court entered an unpublished opinion about “fraud on the court,” delineating intrinsic and extrinsic fraud, and emphasizing the need to plead fraud “allegations that would rise to the level of clear and convincing evidence”. The case is McClung-Logan...

On November 27, 2019, the Virginia Supreme Court issued an unpublished opinion on the effect of a party’s death about judgment and appeal. The Court concluded that a judgment entered against a deceased party (for whom no representative had been appointed) was not a final...

On December 30, 2019, The National Law Review headlined: “OSR’s New Initiative Pursues Enforcement of Patient’s Right of Access under HIPAA”. For example, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) in May 2019 fined Korunda Medical LLC $85,000.00...

In December, Mr. Waterman was selected for membership in the American Trial Academy: Top-Tier Lawyers. 2020 is the inaugural class. My practice focuses on car accidents, medical malpractice, and other cases of wrongful death and personal injury. Contact me about your case!...

By letter opinion on December 9, 2019, Circuit Court for Colonial Heights found the Plaintiff car collision victim’s Complaint “sufficient to state a common law and statutory claim [under Va. Code §8.01-44.5] for punitive damages” against the Defendant offending driver. Id. at 4. Notably, the...

Trial Lawyer for Winter 2019 covers “Popular Antidepressant Recalled Over Contamination Fears”. The tainted prescription drug is Xanax manufactured by Mylan Pharmaceuticals during July-August, 2018, with expiration date of September, 2020. Id. at 36. Trial Lawyer is the monthly law journal of The National Trial Lawyers...

On December 9, 2019, a Virginia Beach jury awarded a Plaintiff car collision victim $27,600.00 in compensatory damages for his personal injuries, plus an additional $150,000.00 in punitive damages for the Defendant offending motorist being severely intoxicated on Xanax and Marijuana. Significantly, Plaintiff’s injuries only...

In December, 2019, Mr. Waterman was selected by the Association of America’s Top Lawyers as one of the Top 100 Lawyers in Virginia for Civil Litigation Law. His practice focuses on auto accident, medical malpractice, and other personal injury and wrongful death litigation. Contact him...

By Order on December 9, 2019, United States District Court for the Eastern District of Virginia in Alexandria held that the 20-year extension of the ordinary 2-year statute of limitation by Va. Code §8.01-249(6) for claims “resulting from sexual abuse” applies to negligent non-perpetrators in...

By Order on December 6, 2019, Fairfax Circuit Court granted Plaintiff’s Motion for Bill of Particulars as to the medical malpractice Defendant’s threadbare Answer, which summarily declared numerous paragraphs of the Complaint incomplete/inaccurate and/or different from or contrary to the medical records (despite a pending...

The cover of Trial for December, 2019 is emblazoned “DIVE INTO DISCOVERY”. Its timely lead articles are “KNOW THE Networks,” about social media evidence, id. at 20-24; “Privilege Log: Start With the Basics,” about improper defense withholding of documents, id. at 26-34; and “DIG DEEP...

By scholarly 7-page letter opinion dated November 14, 2019, Norfolk Circuit Court adopted a restrictive discretionary view of oyer, denying Defendant’s Motions Craving Oyer. The pro-plaintiff case is Hartline v. Hartline, No. CL19-8159. My law practice focuses on vehicle accidents, medical malpractice, and other cases of...

On November 21, 2019, I settled for GEICO auto liability policy limits of $500,000.00 the personal injury claim of a Williamsburg resident who suffered a serious knee injury in a 2-car collision. Personal injury suit was filed in Newport News, Virginia where the crash occurred. My...