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The 2016 Edition of “Best Law Firms” by U.S. News & World Report and Best Lawyers again has recognized Mr. Waterman’s law firm. Patten, Wornom, Hatten & Diamonstein, L.C. has been named a “Tier 1” law firm for 2016 too....

Va. Code §8.01-6.1 provides “relation back” and thereby timeliness of a Complaint amendment filed after the statute of limitation has run if: (i) the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth in the original pleading;...

By letter opinion on October 30, 2015, more than 7 years after the underlying medical malpractice alleged, Hampton Circuit Court granted Mr. Waterman’s second Motion for Leave to Amend in the brain injury case of Eason v. Sentara CarePlex Hospital, et al., No. CL12-470, 2015...

During November 6-7, 2015, Mr. Waterman attended the Brain Injury Retreat of the Virginia Trial Lawyers Association (“VTLA”) in Richmond. The limited-opening program featured lawyers, judges, doctor, and executive experienced in traumatic brain injury cases. In 2010, Mr. Waterman obtained a $6,000,000.00 jury award for a...

On October 23, 2015, Mr. Waterman’s law firm (Patten, Wornom, Hatten & Diamonstein, L.C.) was nominated by the Trial Lawyers Board of Regents for its 2015 Litigator Award for his multi-million dollar verdicts and settlements over the past 5 years. The TLB Regents note that...

On October 30, 2015, Virginia Lawyer’s Weekly online headlined “Med-mal plaintiffs press for complete hospital records,” publicizing companion EMR Orders in Mr. Waterman’s medical malpractice case, No. CL1302754V-04(DP) in Newport News Circuit Court, “Joanne T. Rauchfuss, Administratrix of the Estate of George William Rauchfuss, Jr.,...

The October 2015 issue of Trial, the monthly magazine of the American Association for Justice (“AAJ”), formerly American Trial lawyers Association (“ATLA”), reports 2 substantial jury awards for vehicle accidents in its “Verdicts & Settlements”. They are “Service of Intoxicated Patron Leads to Fatal DUI...

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for October 2015 is “Professional Negligence”. A lead article in October 2015 Trial is “GETTING TO THE HEART OF WRONGFUL DEATHS IN CATHERIZATIONS LABS.” Id....

On October 5, 2015, the Court handed down its Letter Opinion in the medical malpractice suit Peck v. Riverside Hosp., Inc. No. CL1400873V-04 in Newport News, Virginia. It granted in part and deferred ruling in part on Riverside Defendants’ Motion for Determination of Applicability of...

Newport News Circuit Court entered an Order on October 2, 2015, and issued a Letter Opinion on October 7, 2015, in the medical malpractice lawsuit, Peck v. Riverside Hops. Inc., No. CL1400873V-04. Those rulings granted Mr. Waterman’s Motion to Compel Depositions of Riverside Defendants’ Instructor...

On October 13, 2015, and August 7, 2015, Newport News Circuit Court entered companion EMR Orders sought by Mr. Waterman, which are believed to be the most progressive and the most comprehensive ones for patient electronic medical records in Virginia. Both are in the wrongful...

On October 13, 2015, Newport News Circuit Court denied Riverside Defendants’ Motion to Reconsider Ruling on Pilot Programs in the wrongful death lawsuit of Joanne T. Rauchfuss, Administratrix of the Estate of George William Rauchfuss, Jr., Deceased v. Roger E. Schultz, M.D., Hampton Roads Urology,...

On October 9, 2015, Mr. Waterman was a speaker at the annual conference of Virginia medical malpractice lawyers, which was held in Charlottesville, Virginia. His topic was the discovery of electronic medical records, pilot programs, policies/procedures/protocols, and other ostensibly “privileged” issues. This marks the fourth...

In Federal Court on August 14, 2015, Dr. Okon Umana was sentenced to 2 years in prison and ordered to repay the United States almost $6,500,000.00 in restitution and to forfeit an additional $6,500,000.00 for his role in a $13,000,000.00+ health care fraud scheme against...

On August 17, 2015, Mr. Waterman was named “Lawyer of the Year” for 2016 Medical Malpractice Law – Plaintiffs in southeast Virginia by The Best Lawyers in America. He also was voted “Lawyer of the Year” by his Best Lawyers peers in 2014. Additionally, Mr. Waterman’s...

By letter opinion on August 10, 2015, Judge Williams of Martinsville, Virginia, rejected multiple defendants’  claims of privilege and held “hospital’s policies procedures, and protocols” discoverable in the wrongful death case of Penn v. PHC–Martinsville, Inc. d/b/a Mem’l Hosp. of Martinsville and Henry County, No. CL15-071.  Notably, before...

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for August, 2015, is entitled “BANDING TOGETHER: TRIAL ATTORNEYS COME TOGETHER To Prevent catastrophic Federal Rules changes, Fight against forced arbitration, End distracted driving,...

The Trial Lawyer is the quarterly journal of the National Trial Lawyers Top 100 Trial Lawyers. Its issue for Summer 2015 is entitled “IS IT TIME TO RETHINK THE MDL?” In addition to a lead article of the same title, id. at 48-55; Summer 2015’s The...

On January 20, 2015, by Opinion and Order of Federal Court denied Defendants their bills of costs in a medical malpractice case, Green v. Winchester Medical Center, No. 5:13CV00064 in United State District Court for the Western District of Virginia, Harrisonburg Division. Fed. R. Civ....

Trial for July, 2015, of the American Association for Justice (“AAJ”) reports “Verdicts & Settlements,” including two automobile accidents and a forklift crush case. “Tractor-Trailer Runs Red Light” covers a $12,000,000.00 South Carolina settlement for brain injury, id. at 9; “Failure to Control Blood Sugar”...

Trial is the monthly journal of American Association for Justice (“AAJ”). Its issue for July, 2015, covers “DRUGS & DEVICES”. AAJ’s July 2015 Trial features 3 articles about product liability that also implicate medical malpractice: “The HIDDEN DANGERS of Power Morcellators,” id. at 16-24; “THE INS...

In June and July, 2015, two Virginia Circuit Courts upheld Plaintiffs’ rights to discovery of witness statements recorded by insurers in the routine and ordinary course of business of adjusting motor vehicle accidents. E.g., Johnson v. Jefferson & Lee Delicatessan, Inc., No. CL-2013-14317 (Fairfax Jul....

On July 14, 2015, Newport News Circuit Court issued letter opinion in the patient fall case of North v. Mary Immaculate Hospital, Inc., No. CL12-02507T-01. In that alleged wrongful death suit, the Court found that the Joint Commission on Accreditation of Health Organizations was under...

On July 8, 2015, the United States Court of Appeals for the Fourth Circuit vacated and remanded grant of summary judgment by United States District Court for the Western District of Virginia in an unpublished opinion in the personal injury suit, Hodges v. Federal –...

During July 16-18, 2015, Mr. Waterman attends “Neuroanatomical Dissection Course: Human Brain and Spinal Cord” at Marquette University in Milwaukee, Wisconsin. The course principally is designed for practitioners and educators in psychology, medicine, neuroscience, physiology, physical therapy, occupational therapy, rehabilitation engineering, and anatomy; and qualifies...

On June 15, 2015, in Osborne v. Mountain Empire Operations, LLC, No. 1:14CV00042 in United States District Court for the Western District of Virginia, Abingdon Division, the Judge found numerous Rules violations by medical malpractice defense counsel (LeClair Ryan) re a Rule 30(b)(6) corporate witness...

On June 22, 2015, Federal Court denied Defendant medical center’s motion for summary judgment, which asserted Co-Defendant doctor was an independent contractor (versus its employee), thereby precluding vicarious liability. Id. at 1. The medical malpractice lawsuit is Bagheri v. Bailey, No. 1:14CV00077 in United States...

On July 2, 2015, Defendant, Riverside Hospital, Inc. provided as ordered its 2012 “imaging results reporting communication pilot” materials in response to Plaintiff’s discovery – despite one responsive memoranda being marked self-servingly “Confidential documents for Quality of Care Purposes under VA Code Ann. §8.01-581.17”. The...

On July 2, 2015, Mr. Waterman filed Davis v. Virginia Health Services, Inc., et al., No. CL1502056B-04 in Circuit Court for the City of Newport News, Virginia. That medical malpractice suit seeks $4,350,000.00 in damages from a corporation headquartered in Newport News for alleged wrongful...

On June 30, 2015, Circuit Court for the City of Newport News, Virginia, granted Plaintiff’s Motion to Compel in the medical malpractice lawsuit of Newsome v. Ressler, No. CL14-3514T-01. The alleged surgery victim sought Risk Management and other incident materials that Defendant, Riverside Hospital, Inc.,...