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The Trial Lawyer is the quarterly publication of The National Trial Lawyers Top 100 Trial Lawyers. Its issue for Fall 2014 is entitled “The IMMIGRATION DEBACLE”. A feature article involves vehicle crashes: “SECRET DEFENSE TACTICS IN INTERSTATE TRUCKING LITIGATION; HOW DOES YOUR LAW FIRM STACK UP...

On October 17, 2014, Mr. Waterman settled a lawsuit arising out of a two-car crash on 25th Street in Newport News, Virginia. His client was treated by Newport News Emergency Medical Service, Riverside Regional Medical Center, Riverside Emergency Physicians, and Peninsula Radiological Associates for head,...

Trial is the monthly law journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for October, 2014, is entitled “INSURANCE” and subtitled “Are your clients covered?”. Trial’s October lead articles are “The Future of Future Medical Damages,” id....

In medical malpractice cases, hospitals are resisting patient requests for the audit trails and underlying metadata of their electronic medical record. However, Virginia’s Health Records Privacy Act is some good patient authority.   It requires: “Health care entitles shall disclose health records to the individual who is...

The Virginia Supreme Court opined in Kohn v. Marquis, No. 131162, on September 12, 2014. It affirmed summary judgment on plea in bar, finding that the Virginia Workers’ Compensation Act barred third-party lawsuit for alleged wrongful death. Id. at 9. In Kohn, it was undisputed that...

AAJ’s September 2014 issue of Trial also featured two medical malpractice writings. A lead article is “ETHICAL PITFALLS IN NURSING HOME LITIGATION,” Id. at 16-21; a “Verdicts & Settlements” report is “Failure to Timely Reposition Leg During Surgery,” which touts a $630,000.00 mediated settlement. Id....

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for September 2014 is entitled “Protecting the Vulnerable”. Lead Trial articles are “FIGHTING HAZING IN COURT,” id. at 22-26; “CHANGING THE CULTURE OF BULLYING ONE...

At discovery hearing on September 17, 2014, Mr. Waterman prevailed in the patient fall lawsuit for wrongful death of Snovell v. Williamsburg Facility Operations, LLC D/B/A Consulate Health Care of Williamsburg, No. CL12-4966 in Circuit Court for York County, Virginia; for which an Order was...

On September 19, 2014, the Virginia Supreme Court denied the Petition for Rehearing of Appellee, Honeywell International, Inc., in the double wrongful death case, Harman v. Honeywell Int’l, Inc., No. 130627. Mr. Waterman authored the Brief Amicus Curiae and the Reply Brief Amicus Curiae of...

On September 12, 2014, the Virginia Supreme Court issued Temple v. Mary Washington Hosp., Inc., No. 131754. It did not reach the merits of that medical malpractice appeal re the discoverability of policies and procedures and of metadata. In underlying Temple medical malpractice case, the “trial...

Virginia mandates that in-patient hospitals promulgate, maintain, use, review, and revise policies and procedures. The Virginia Department of Health regulates through the Virginia Administrative Code (“VAC”), which should be admissible in medical malpractice cases. 12 VAC 5-410-200(C)(2)(a), entitled “Organization” requires: “Each hospital department and service shall...

All Virginia nursing facilities are regulated extensively by the Virginia Department of Health through the Virginia Administrative Code [“VAC”], including particularly re policies and procedures. Such Virginia law explicitly requires all nursing facilities to provide residents its policies and procedures merely “upon request”: “Policies shall...

Commonwealth v. Amos, No. 130757, and Maxwell v. Commonwealth, No. 130810, consolidated with Rowe v. Commonwealth, No. 130881, were published by the Virginia Supreme Court on February 27, 2014. All three involve Va. Code §8.01-384(A), the contemporaneous objection exception, as it relates to Va. Sup....

On February 27, 2014, the charitable immunity case of The Byrd Theatre Foundation v. Barnett, No. 130691, was decided by the Virginia Supreme Court. It affirmed the trial court’s holding that defendant Foundation was not entitled charitable immunity. Id. at 1. Byrd Theatre held the dispositive...

On August 25, 2014, Virginia Lawyers Weekly headlined “Judges allow disclosure of medical ‘metadata’,” covering favorable rulings that Mr. Waterman received in a pair of Peninsula patient fall cases, Eason v. Sentara CarePlex Hosp., No. CL12000470, Letter Op. (Hampton May 29, 2014) and Peck v....

On August 21, 2014, the Supreme Court of Kentucky issued Tibbs v. Bunnell, No. 2012-SC-000603-MR, which wrongful death appeal resolved a first impression question on discovery dispute re the proper scope of federal privilege under the Patient Safety and Quality Improvement Act of 2005 (“PSQIA”)....

On July 30, 2014, Riverside Hospital, Inc. voluntarily agreed to honor a HIPAA Authorization for metadata underlying “text edits” of its electronic medical record shown in its Activity by Medical Record (a/k/a “audit trails”) provided for a deceased patient, a potential wrongful death victim. This...

On August 18, 2014, Mr. Waterman’s peers selected him for inclusion in The Best Lawyers in America for 2015. His legal recognition is in 2 different practice areas: Personal Injury Litigation – Plaintiff and Medical Malpractice Law – Plaintiff. Notably, this legal recognition is the 9th...

On August 14, 2014, Mr. Waterman settled a three-vehicle collision claim arising on Oyster Point Road in Newport News, Virginia. A Newport News van operator insured by Nationwide rear-ended a Hampton driver who in turn rear-ended another Hampton driver, whose personal injuries were treated in...

Trial is the monthly journal of American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). AAJ’s August 2014 issue of Trial is entitled “Drugs & Devices”. Trial’s lead drug/pharma articles for special cases of product liability are: “Unearth Design Control EVIDENCE,” id. at 14-20;...

On July 16, 2014, the Court of Appeals of Georgia reversed a jury verdict for the defense in a medical malpractice lawsuit due to the trial judge’s manifest abuse of discretion in not stricking a biased juror for cause as requested by Plaintiff. Scarpaci v....

Security Nat’l Bank of Sioux City, Iowa, as Conservator for J.M.K., a Minor v. Abbott Laboratories, 2014 WL 3704277 (N.D. Iowa Jul. 28, 2014) conceived a product liability case for alleged permanent brain injury. That opinion is notable for its “outside-the-box sanction” of defense counsel’s...

Patten Wornom Hatten & Diamonstein has received a Tier 1 ranking in the 2015 Edition of U.S. News – Best Lawyers “Best Law Firms”. Its repeat Tier 1 ranking by The Best Lawyers in America is derived in substantial part from its “clients’ impressive feedback...

On July 28, 2014, argusleader.com of Argus Leader Media headlined “Sanford settled lawsuit alleging kickbacks to doctors”. The article reported “Sanford Health paid the federal government $625,000.00…to settle a [Medicare] whistle-blower lawsuit which claimed…doctors engaged in a kickback scheme to encourage use of a spinal...

In the special case of Bostic v. Rainey, No. 14-1167 in the United States Court of Appeals for the Fourth Circuit, a 2-1 majority declared “Virginia Marriage Laws” unconstitutional as applied to same-sex couples. Id. at *20, 62-63. “Via various state statutes and a state...

The Trial Lawyer is the quarterly publication of The National Trial Lawyers Top 100 Trial Lawyers. Its issue for Summer, 2014, is entitled “BIG PHARMA’S HARSH TOKE”. The Trial Lawyer’s Summer 2014 lead articles include: “INTERSTATE TRUCKING LITIGATION: The Difference Between Winning and Losing,” id. at...

Trial is the monthly publication of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for July, 2014, is entitled “TRIAL TACTICS: Game On!”. Trial’s July issue features a half-dozen noteworthy articles: “ONCE UPON AN OPENING,” id. at 12-16; “30(b)(6)...

On July 14, 2014, Virginia Lawyers Weekly’s front page headlined “Hospital must provide risk manager reports”. It covered Mr. Waterman’s nursing home patient fall ruling in Cherrie v. Virginia Health Services, Inc. d/b/a Walter Reed Convalescent & Rehabilitation Center, No. CL12-440 in Gloucester Circuit Court,...

On July 8, 2014, Mr. Waterman settled a car crash case for $300,000.00. This follows on his settlement of another car collision for $475,000.00 in June, 2014. THE VIRGINIA STATE BAR REQUIRES ALL LAWYERS TO POST THE FOLLOWING DISCLAIMERS ON ALL CASE-RELATED POSTS. MR. WATERMAN'S CASE...

Washington Lawyer is the monthly journal of the District of Columbia Bar. Mr. Waterman has been a member of the D.C. Bar for two decades. The cover and lead article of Washington Lawyer’s June 2014 issue is “Cover Blown: NSA Surveillance and Secrets”. Id. at 22-29....