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On November 6, 2019, the Virginia Supreme Court denied a medical malpractice Defendant’s Petition for Appeal, which asserted that Virginia’s nonsuit statute was an unconstitutional abridgement of the right to jury trial. The case is Pastore v. Small, No. 190330....

            Effective October 19, 2019, Avery T. “Sandy” Waterman, Jr., Esq. opened Waterman Law Centers, PLLC. Its two new law offices are McLaws Circle in Williamsburg and City Center Suntrust in Newport News. Waterman’s perennial award-winning personal injury practice focuses on vehicle accidents and medical...

On October 2, 2019, Nottoway Circuit Court rejected medical malpractice Defendants’ argument that the Virginia Consumer Protection Act (“VCPA”) does not apply to assisted living facilities and that their alleged inducing fraudulent statements were mere “sales trade talk or puffery”; and overruled their Demurrer regarding...

Mr. Waterman was voted a 2020 “Top Lawyer” by Lawyers in Coastal Virginia. He will be recognized at the winner’s reception in November, 2019, in CoVaBIZ in January, 2020, and in Coastal Virginia Magazine in January-February, 2020. My practice focuses on car accidents, medical malpractice, and...

October 2019 Trial is emblazoned “From Intake to Settlement”. Its “Verdicts & SETTLEMENTS” reports 4 vehicle accident cases. Id. at 12-16. “Failure to implement safety precautions at light rail station” marquees a $15,000,000.00 2019 Oregon jury award to a pedestrian/passenger struck by a train. Id. at...

The Trial Lawyer for Fall 2019 is emblazoned “BIG TOBACCO 2.0,” “JUUL” and “VAPES”. Its LEGAL BRIEFS headlines: “FDA Orders Flavored ‘Vape Juices’ Pulled From The Market”. Id. at 28. Fall 2019 Trial Lawyer also covers: “Scientists Discover The Possible Cause of Talc-Related Ovarian Cancer,” id....

On September 20, 2019, the U.S. House of Representatives passed H.R. 1423, the FAIR Act. The Act restores Americans their Constitutional right to trial by jury by ending forced arbitration. Among others, the FAIR Act was advocated by the American Association for Justice (“AAJ”), formerly the...

The September 2019 issue of Trial features 4 auto accident cases in “Verdict & SETTLEMNTS”. “Negligent operation of tractor-trailer leads to rear-end collision” highlights a $15,000,000.00 2019 Connecticut jury award. Id. at 12. “Negligent left turn” reports a $4,400,000.00 2018 California jury award to a...

On August 30, 2019, the Virginia Supreme Court held the trial court “erred in removing the scope-of-employment issue from the jury” based on Plea in Bar in the medical malpractice case of Our Lady of Peace, Inc. v. Morgan, No. 180376 at 20. It also...

On August 29, 2019, Virginia Supreme Court upheld an $800,000.00 Fairfax jury verdict for a medical malpractice victim against a plastic surgeon. It also upheld the unsuccessful SOC defense expert, Dr. John Pitman, being cross-examined about facts regarding his own plastic surgery practice for which...

On August 2, 2019, Fairfax County Circuit Court held that the Sleepy Hollow nursing facility’s mandatory arbitration provision was unenforceable because it was not executed by the resident patient or his lawful power of attorney at the time. Therefore, the owner Defendant Beverly Enterprises –...

By Order entered August 13, 2019, a Federal Court in Virginia has reduced the unreasonable deposition fees of Dr. Donald G. “Don” Hope, Reston spine surgeon, from a whopping $2,500.00 for the first 75 minutes and plus $500.00 for each 15 minutes thereafter to “only”...

On August 15, 2019, the Virginia Supreme Court held that a victim stated legally viable claims for personal injury damages against church defendants for criminal sexual abuse perpetrated by church defendants’ deacon, youth leader and drill team coach. A.H. v. Church of God in Christ,...

My client’s medical malpractice case for wrongful death, Snovell v. Williamsburg Facility Operations, LLC, et al., No. CL17008550 in York County Circuit Court has been set for 7-day jury trial during April 13-21, 2020. The suit seeks $4,550,000.00 for the victim family members and estate...

On August 15, 2019, the Virginia Supreme Court opined that an underinsured car crash Defendant was not entitled to any statutory reduction/offset under Va. Code §8.01-35.1 for the settlement amount paid by the victim Plaintiff’s underinsured motorist insurer (“UIM”). The case is Llewellyn v. White,...

On August 15, 2019, Avery T. “Sandy” Waterman, Jr., Esq. again was voted “Lawyer of the Year” by his peers in The Best of America for 2020 for Medical Malpractice Litigation – Plaintiff in Southeast Virginia. This marks the 4th time in 7 years –...

Trial’s August 2019 issue is dedicated to “Medical Negligence”. It features 4 lead articles: “An Obligation to Vet,” which covers negligent credentialing in hospitals, id. at 20-24; “LOCKING IN STANDARDS OF CARE,” which covers deposition questioning of experts, id. at 26-30, and using clinical practice...

On August 1, 2019, Virginia Supreme Court opined on Pleas in Bar, reversing and remanding jury verdict for Plaintiff because of the judge denying Defendant jury trial on its Plea. First, “because [Defendant] had an outstanding plea in bar filed in response to the previous...

By letter opinion dated August 1, 2019, Circuit Court for Augusta County, Virginia denied the medical malpractice Defendant’s “anti-Reptile” motion for protective order, which baselessly and prematurely sought to limit deposition and other discovery about “(1) the applicable standard of care for Plaintiff’s treatment, (2)...

By 63-page Memorandum Opinion on July 23, 2019, a Virginia Federal Court gave its factual findings and legal conclusions supporting a $2,200,000.00 verdict in a medical malpractice suit under the Federal Tort Claims Act (“FTCA”). The trial judge found inter alia that Defendant’s primary otolaryngologist...

By scholarly 12-page opinion letter on July 9, 2019, Fairfax County Circuit Court held that email exchanges between counsel constituted the entire settlement contract between the parties and pertained only to the pending lawsuit car wreck between them; and accordingly that the car crash Defendant’s...

On July 8, 2019, Mr. Waterman prevailed at hearing over defense objection on Plaintiff’s Motion for Leave to Amend in the car crash case of Aarsbergen v. Oliver, No. CL1801084P-11 in Newport News Circuit Court. Grant of the Motion increased the vehicle accident victim’s ad...

Effective July 1, 2019, two new Virginia vehicle laws aim to reduce the occurrence of and/or the personal injuries from car crashes. First, drivers now are prohibited from using hand-held cell phones in work zones, subject to mandatory $250.00 fine for violation. Second, rear-facing car...

The July 2019 issue of Trial highlights two vehicle accident cases in its “Verdicts & SETTLEMENTS”. Id. at 14. “Impaired driver rear-ends van killing child and severely injuring others” marquees a $128,810,000.00 Georgia jury award in 2018 for a family of 6, including a wrongful...

On June 26, 2019, Chesterfield Circuit Court ruled that Michele Gonsman, R.N., was qualified as an expert to testify about electronic medical records for Plaintiff patient in a medical malpractice case. Defendant’s Motion to Exclude was denied....

On June 14, 2019, the Kansas Supreme Court struck down as an unconstitutional violation of the injured victim’s jury trial rights Kansas’ cap on non-economic damages in personal injury and wrongful death cases, which special-interest statute had been passed at the behest of healthcare providers...

On June 17, 2019, the Supreme Court of the United States in Virginia House of Delegates v. Bethune-Hill, No. 18-281, upheld the 2018 finding by the Richmond Division of the United States District Court for the Eastern District of Virginia that the Republican-controlled General Assembly...

At jury trial on June 19, 2018, Circuit Court for the City of Fairfax, Virginia, accepted Michele Gonsman, R.N., as an expert in the “analysis of medical records, the metadata and audit trails relating to those electronic medical records”. The medical malpractice case is Lee...

By Verdict Order entered June 6, 2019, Chesterfield Circuit Court awarded $7,566.65 for expert and other costs associated with appeal pursuant to Va. Code §16.1-113, plus $109.00 taxable costs, on a jury trial award of $45,000.00, in Elephant Insurance’s appeal of a $25,000.00 award at...