On January 7, 2012, Virginia Lawyers Weekly (“VLW”) newspaper headlined on the front page: “A return to ‘Riverside’: Patient’s $3.5M verdict for fall prompts comparisons to 2006 case”. VLW’s print version is substantially similar to its prior online reporting of Mr. Waterman’s Newport News brain injury case against Riverside Hospital, Inc.

However, VLW’s print article covered Mr. Waterman using his “2006 Riverside opinion to introduce into evidence four incident report documents with information not included in the patient’s chart”. Id. at 21. It also covered Newport News Circuit Court denying on January 2, 2013, the post-trial Motion of Riverside Hospital, Inc. to set aside the medical malpractice verdict against it. Id.