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On November 1, 2018, the Virginia Supreme Court issued Parker v. Carilion Clinic, No. 170132. It delineated pleading presumptions, requirements, and limitations for vicarious liability, direct liability, and negligence per se of the medical malpractice defendant hospital. Parker held the corporate defendant admitting plaintiff’s allegation that...

By Order entered October 30, 2018, Circuit Court for the City of Richmond, Virginia, denied Defendant offending motorist’s Motion to Transfer Venue in Anderson v. Bagheri, No. CL17-4969. It found dual residency in Richmond and Fairfax where Defendant had a Virginia driver’s license showing the...

By Order entered October 30, 2018, Norfolk Circuit Court found that Defendant Sentara’s policies and procedures were “not privileged,” i.e., were discoverable, and granted Plaintiff’s Motion to Compel. The medical malpractice case is Traina v. Sentara Healthcare, No. CL18-113. Traina ordered production of the following policies...

By Order entered September 21, 2018, in Adams v. Children’s Hospital of the King’s Daughters, No. CL2018-2656 in Circuit Court for the City of Norfolk, Virginia, Judge Lannetti overruled in pertinent part the dilatory Demurrer of Defendant CHKD. Adams found that a Complaint stated claims...

In the wrongful death case of Scruggs v. Williamsburg Landing, Inc., No. CL18001644-00 in Circuit Court for the City of Williamsburg and James City County, Virginia, nursing home Defendant, Williamsburg Landing, Inc. (“WLI”), “accepts responsibility and liability for the April 15, 2016 fall,” see, 9/24/16...

At hearing and by Order entered on October 19, 2018, Judge Rupe of the Circuit Court for the City of Richmond, Virginia, upheld as timely the enhanced Complaint refiled outside the statute of limitations yet within 6 months of nonsuit; applied the same “conduct, transaction,...

By Order entered September 28, 2018, Circuit Court for Northampton County, Virginia, “finds that Plaintiff’s designations with regard to three different experts in two different specialties [two nurse experts and Dr. Chesler] to testify as to standard of care with respect to that required of...

On October 11, 2018, the Virginia Supreme Court affirmed that an employer owes “a duty of care to an employee’s family member who alleges exposure to asbestos from work clothes of an employee, where the family member alleges the employer’s negligence allowed asbestos fibers to...

The Trial Lawyer is the quarterly law journal of The National Trial Lawyers Top 100 Trial Lawyers. Its issue for Fall 2018 is titled “HUMAN TRAFFICKING” and features the article “HELP STOP HUMAN TRAFFICKING THROUGH CIVIL LITIGATION”. Id. at 52-57. Fall 2018 Trial Lawyer also features...

Trial is the monthly law journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). The October 2018 issue of Trial is dedicated to “Cutting Through SECRECY”. October 2018 Trial features 3 articles against secrecy in litigation: “BREAK THROUGH PROTECTIVE ORDERS,”...

On May 8, 2018, Circuit Court for City of Lynchburg, Virginia, granted the medical malpractice Plaintiff’s Motions to Compel, found multiple key materials to be discoverable, and ordered Defendants to produce them. The case is Carwile v. Centra Health, Inc., No. CL16-823. Carwile ruled that Plaintiff...

By unpublished Order on July 26, 2018, the Virginia Supreme Court affirmed dismissal of a legal malpractice suit by Fairfax Circuit Court. The case is Sere v. Trapeni, No. 170842. Sere declared that “the circuit court’s rulings in the underlying personal injury action have no preclusive...

On September 21, 2018, a Fairfax jury awarded $2,500,000.00 plus pre-judgment interest from the time of medical malpractice to the victim patient who was not treated properly in the Emergency Room after sustaining a stroke. Key evidence at trial was metadata from the hospital’s electronic...

On September 13, 2018, the Virginia Supreme Court rejected the appeal Shaun Brown, upholding Richmond Circuit Court’s finding that election fraud by Republican Scott Taylor’s staff precluded Brown (an Independent) as an intended “spoiler” candidate against his Democratic rival, Elaine Luria, for Virginia’s U.S. Congressional...

On April 27, 2016, the Medical Director of Williamsburg Landing, Inc. (“WLI”) certified to Virginia’s Department of Health by official Certificate of Death that a WLI resident patient’s cause of death was the fall suffered in Hoyer lift transfer by a WLI nurse’s aide. The...

On April 15, 2016, a resident patient of Woodhaven Hall at Williamsburg Landing, Inc. (“WLI”) was dropped 4 feet from a hoyer lift onto her hard nursing home bedroom floor by WLI’s nurse’s aide, and died from her fall-related injuries there 8 days later. In...

Trial is the monthly law journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its issue for September, 2018, is entitled “An Assault on WORKERS’ RIGHTS”. September 2018 Trial’s “Verdicts & SETTLEMENTS” reports 3 motor vehicle accident cases. “Texting while driving”...

On September 5, 2018, Trump Republican congressional candidate Scott Taylor dodged a subpoena to testify in Richmond Circuit Court. But Taylor’s paid campaign aides and their would-be election “spoiler” (Shaun Brown, indicted on pending federal corruption charges) could not dodge the underlying election fraud suit...

On August 28, 2018, Circuit Court for the City of Winchester, Virginia, entered Order denying Defendant’s Demurrer and Motion to Strike re Plaintiff’s claim for punitive damages. The medical malpractice case for wrongful death arising from a pressure sore wound is Bunting v. Pinnacle Servs....

On August 13, 2018, Circuit Court for Fairfax County, Virginia, granted and entered Order on Plaintiff’s Motion in Limine to Exclude Evidence and Argument Regarding Prior Deliveries Without Injury in the medical malpractice case of Hargrove v. Gonzalez, No. 2016-4324. On August 29, 2018, a...

On August 20, 2018, Arlington County Circuit Court granted Plaintiff’s Motion to Compel Patient Factual Information in the medical malpractice case of Lowe v. Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc. d/b/a Kaiser Permanente, et al., No. CL-17002837-00. See, Order. It rejected dual...

On August 15, 2018, Avery T. “Sandy” Waterman, Jr., Esq. again was selected for inclusion in The Best Lawyers of America for 2019 for Medical Malpractice Litigation – Plaintiff and for Personal Injury Litigation – Plaintiff. This marks the 12th consecutive year since 2008 that...

Trial is the monthly legal journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for August, 2018, is entitled “GET READY FOR TRIAL.”. “Verdicts & SETTLEMENTS” of August 2018 Trial reported 2 vehicle accident, 1 aviation, and 1...

In an unpublished 16-page opinion issued August 2, 2018, a unanimous 3-Judge panel of the U.S. Fourth Circuit Court of Appeals upheld jury awards of punitive damages in the wrongful death cases in Kee v. Blue Ridge of Raleigh, LLC, et al., No. 17-1900. Although...

On July 19, 2018, Senior United States District Judge Morgan awarded a mentally-ill patient at Central State Hospital (“CSH”) $385,000.00, plus pre-judgment interest and attorney fees to be determined, against a doctor and a nurse responsible for his care for multiple violations of his Constitutional...

Car crash statistics of Virginia’s Department of Motor Cars (“DMV”) for 2016 and 2017 showed markedly different trends in James City County, York County, and Williamsburg. In James City County during 2016-2017, there was an increase in crashes, a greater percentage increase in injuries, and...

On January 10, 2014, Fairfax County Circuit Court overruled the medical malpractice Defendants’ demurrer, finding “Plaintiff had stated a viable claim for punitive damages under the facts of the case” in Conrad v. CSP Nova, LLC, No. CL2013-13209. Complaint alleged inter alia pre-incident awareness of...

On July 12, 2018, a Defendant nursing home supplemented with multiple nursing home policies its initial document production in response to Va. Code §8.01-413(C) Subpoena Duces Tecum prior to service of the pending medical malpractice lawsuit. The wrongful death case arising from resident patient fall...

On July 12, 2018, Fairfax Circuit Court issued a 5-page scholarly letter opinion and order overruling the medical malpractice defendants’ Demurrer and holding that “the Virginia Wrongful Death Act permits the distribution of damages to statutory beneficiaries of a fetus beyond the natural mother”. The...

Trial is the monthly legal journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its issue for July, 2018, is emblazoned “BIG PHARMA: A Broken System”. In “Verdicts & SETTLEMENTS,” July 2018 Trial marquees a motor vehicle case, “Failure to remove...