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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....

The Bencher is the bimonthly publication of the American Inns of Court (www.innsofcourt.org), formed in 1985 and modeled after the English Inns of Court (Lincoln’s Inn, Middle Temple, Gray’s Inn, and Inner Temple) dating to the 1300s. Its issue for the May/June 2014 covers “The...

Online on June 27, 2014, and in print on June 30, 2014, Virginia Lawyers Weekly highlighted Mr. Waterman’s recent privilege hearing order dated June 5, 2014, in “This Week’s Opinions” under the heading “Discovery Ordered for Hospital Risk Manager Notes”. His underlying wrongful death case...

On June 25, 2014, The Virginia Gazette reported that Mr. Waterman was selected for “Virginia Super Lawyers” for 2014, which “represents the sixth consecutive time since his first induction in 2009 that he has been named to the exclusive list.” Id. at 13A. The Virginia...

Trial is the monthly publication of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). In the issue for June, 2014, its Verdicts & Settlements report under “AUTOMOBILE ACCIDENTS” the notable New Mexico wrongful death case entitled “Driver Buried Alive Under Sand...

On June 23, 2014, in Mr. Waterman’s patient fall lawsuit of Nancy Peck v. Riverside Hospital, Inc., et al., No. CL1400873V-04, Circuit Court for the City of Newport News, Virginia, heard Patient’s Motion to Enforce Va. Code §8.01-413(C) Subpoena Duces Tecum & HIPAA/HITECH and Riverside’s...

On June 16, 2014, Virginia Lawyers Weekly covered two wrongful death cases involving Mr. Waterman. They are the patient fall lawsuit of Eason v. Sentara CarePlex Hosp., No. CL12-470, Letter Op. (Hampton May 29, 2014) and the plane crash appeal of Harman v. Honeywell Int’l,...

On June 13, 2014, Mr. Waterman settled a car crash claim for personal injuries for $475,000.00 from insurers, Nationwide and Alfa. The case is Lamont v. Striggles, No. CL1301322V-04 in Circuit Court for the City of Newport News, Virginia. The Lamont lawsuit arose out of a...

On June 12, 2014, Appellee Honeywell filed Notice of Intent to Petition for Rehearing in the dual-death plane crash case of Harman v. Honeywell Int’l, Inc., No. 130627. Before deciding the appeal in favor of the Estate Representatives on June 5, 2014, the Virginia Supreme...