On July 19, 2017, after having been asked for $3,000,000.00 in closing, a Fairfax County jury awarded $8,700,000.00 to 2 surviving statutory beneficiaries for wrongful death against the Defendant interventional neuroradiologist in a medical malpractice case, Raznoff/Ebersole v. American Anesthesiology of Virginia, et al., No. 2016-01808. It was a “no offer” case by the defense.

In Raznoff/Ebersole, Judge Gardiner followed the Virginia Supreme Court’s denial of a writ of certiorari and the subsequently growing number of Circuit Courts denying Virginia Model Jury Instruction (“VMJI”) 35.040. Judge Gardiner also permitted Plaintiff to introduce the deposition of a defense expert whom Defendants did not want called as a witness, with appeal being vowed by the losing Dr. Pergolizzi – but Plaintiff could appeal the constitutionality of Virginia’s medical malpractice “cap”.