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 On September 29, 2016, the United States’ Center for Medicare & Medicaid Services (“CMS”) released 700+ pages of new comprehensive federal nursing facility regulations and explanatory material that will bear on medical malpractice suits. Pro-resident changes include increased training requirements for all staff (especially for...

On October 12, 2016, the Virginia Supreme Court refused the Defendant’s Petition for Appeal for denial of Virginia Model Jury Instruction 35. 040 [“Unsuccessful Outcome Is Not Proof of Negligence”] in the medical malpractice case of OrthoVirginia F/K/A West End Orthopaedic Clinic v. Jurewicz, Record...

This month Mr. Waterman resolved without litigation the personal injury claim of a motor vehicle accident victim from Newport News who was broadsided by a Chesapeake offending driver at a stoplight intersection in Portsmouth, Virginia. GEICO paid it’s liability insurance policy limits for the offending...

On July 9, 2016, Norfolk Circuit Court held that Defendant Sentara’s policies, protocols, and procedures are discoverable, not privileged as claimed, in the medical malpractice lawsuit of Smith v. Sentara Healthcare, No. 15-8467. Id. at 2. Also, the Court found that the “factual material” contained...

Effective November 1, 2016, a new rule of a United States Health and Human Services Department agency prospectively prohibits any nursing facility receiving Federal funding from requiring that any resident dispute be resolved secretly by arbitration instead of publicly in court. That agency is the...

On August 3, 2016, in the pharmacy malpractice case of Holley v. CVS Caremark Corp., No.4:16-cv-00017, United States District Court for the Western District of Virginia, Danville Division, denied defendant CVS’ motion to dismiss plaintiff’s claim against it for intentional infliction of emotional distress. Id....

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for September, 2016, marquees “Trial Tactics: THE POWER OF BIAS”. September 2016’s Trial features 4 lead articles: “By The Numbers,” which counsels “Be Specific” and...

On September 23, 2016, Mr. Waterman was an invited speaker at the 2016 Long Term Care Litigation Retreat of the Virginia Trial Lawyers (“VTLA”) at Tides Inn in Irvington, Virginia. His presentation was “Punitive Damages: Medical Malpractice Cases!” VTLA’s  Long Term Care Litigation Section focuses on...

The Virginia Supreme Court handed down Holiday Motor Corp. v. Walters, Record No. 150391, on September 8, 2016. It reversed a $20,000,000.00 Roanoke jury verdict in a product liability case arising out of a convertible vehicle crash – and rendered final judgment in favor of...

On September 8, 2016, the Virginia Supreme Court issued Granado v. Commonwealth, Record No. 150936, an appeal involving driving a motor vehicle while intoxicated. Id. at 1. Granado held that the appeal’s revised statement of facts signed by the parties and trial judge was filed...

On March 31, 2016, the Twenty-First Judicial Circuit of Virginia for Henry County, Patrick County, and City of Martinsville issued a scholarly 11-page opinion in Dennis v. PHC-Martinsville, Inc. t/a Mem’l Hosp. of Martinsville & Henry County, No. CL14-483. It disposed for only $523.89 the...

On August 15, 2016, a medical malpractice case resolved 3 key discovery issues in favor of Plaintiff. It is Jones v. Jones, 2016 WL 4398686 (Richmond Aug. 15, 2016).   In Jones, Richmond Circuit Court held discoverable - not privileged – all factual information in the following...

On August 15, 2016, Mr. Waterman’s peers selected him for inclusion in The Best Lawyers of America for 2017 for two practice areas again: Medical Malpractice Law – Plaintiffs and Personal Injury Litigation – Plaintiffs. This marks the 10th consecutive year since 2008 that he...

On July 18, 2016, the Motion to Quash of non-party healthcare provider, Riverside Walter Reed Hospital, was denied in the medical malpractice case of Newsome v. Ressler, No. CL14-3514T-01 in Circuit Court for the City of Newport News, Virginia. The judge ordered in camera review...

On July 22, 2016, the United Department of Justice (“USDOJ”) released that in Miami it charged the owner of skilled nursing and assisted–living facilities, a hospital administrator, and a physician assistant with a $1,000,000,000.00 healthcare fraud scheme. “Medicare fraud has infected every facet of our...

On July 25, 2016, Virginia Lawyers Weekly headlined “Nursing-Home policy doc denied”. Id. at 2. It reports the Virginia Supreme Court’s adverse decision in Cherrie v. Virginia Health Servs., Inc., Mr. Waterman’s consolidated appeals seeking nursing home policies through administrative regulations for companion medical malpractice...

The Trail Lawyer is the quarterly journal of the National Trial Lawyers “Top 100 Trial Lawyers”. Its issue for Summer 2016 is entitled “Monsanto’s Deadly Harvest” and features articles “The EPA’s Ties to Monsanto Could Be Disastrous for the U.S.,” id. at 52-53, and “Are...

On July 18, 2016, the National Academy of Jurisprudence (formerly American Academy of Trial Lawyers) announced that Mr. Waterman was recognized by it as one of the “Premier 100” trial lawyers in Virginia. Its invitation for him to be a member to the Academy is...

On April 21, 2016, the Virginia Supreme Court issued JSR Mechanical, Inc. v. Aireco Supply, Inc., No. 150638, construing Va. Code §8.01–335(B). It concluded that Circuit Court judges did not have any discretion to deny reinstatement after discontinuance or dismissal under §8.01-335(B) when there was...

On July 14, 2016, the Virginia Supreme Court issued its opinion in Cherrie v. Virginia Health Servs., Inc., No. 151758, consolidated declaratory judgment appeals companion to lawsuits for wrongful death involving patient fall victims against the same nursing home.   It held that the “governing statute...

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”).  It issue for July, 2016, is entitled “DRUGS & DEVICES”. July 2016 Trial marquees “A Milestone in Gender Equality”.  That article covers the first plaintiffs’ steering committee to...

On June 29, 2016, the United States Department of Justice confirmed that effective August 1, 2016, for False Claims Act violations after November 2, 2015, minimum per-claim penalties will increase from $5,500.00 to $10,781.00 and maximum per-claim penalties will increase from $11,000.00 to $21,563.00.  That...

On June 10, 2016, Circuit Court for Fairfax County, Virginia ordered that Plaintiff’s counsel was entitled to videotape by professional videographer the neurological/physical examination of the Plaintiff personal injury victim pursuant to Va. S. Ct. Rule 4:10.  The case is Cohen v. Dziorlor, No. CL2015-0014084,...

On June 27, 2016, the Supreme Court of the United States of America vacated and remanded in McDonnell v. United States, No. 15-474, Slip Op., 579 U.S. ___ (Sep. 27, 2016). Writing for a unanimous Court, the Chief Justice overturned the criminal convictions of Virginia’s...

On June 23, 2016, the Virginia Supreme Court issued Commonwealth v. Virginia Ass’n of Counties Group Self Insurance Risk Pool, No. 150930.  It is a New Kent County declaratory judgment action between insurance companies over coverage, arising out of a state medical malpractice and federal...

On June 22, 2016, the United States Attorney General announced the largest combined Medicare, Medicaid and Tricare fraud take-down of healthcare professionals and others in history.  The 2016 record-setting $900,000,000.00 bust involved 301 doctors, nurses, pharmacists, physical therapists, occupational therapists, clinic operators, patient recruiters, patients,...

On June 16, 2016, the Virginia Supreme Court issued Dorman v. State Indus., Inc., No. 151088, a special case of product liability for personal injuries.  Defendant manufacturer’s atmospheric heater emitted carbon monoxide (“CO”) that rendered plaintiff apartment dwellers unconscious. First, Dorman held that “absence of other...

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”).  Its issue for June, 2016, marquees “Protecting Workers’ Rights”. June 2016 Trial’s “Verdicts & Settlements” section highlights “MOTOR VEHICLE LIABILITY: Rental car company employee rear-ends motorist.”  Id....

On June 2, 2016, the Virginia Supreme Court handed down Pike v. Hagaman, No. 151193, a Richmond medical malpractice case.  By 5-2 split, it upheld the sovereign immunity of a V.C.U. nurse applying the 4-factor test of James v. Jane, 221 Va. 43 (1980).  Id....

On July 6, 2016, Mr. Waterman argued before the Virginia Supreme Court in favor of Plaintiff/Appellants in his consolidated declaratory judgment action appeals, Patrick Lee Cherrie, Administrator of the Estate of Greda A. Harvey, Deceased, and Hubbard A. Davis, Executor of the Estate of James...