Verdicts & Settlements

Need for knee replacement linked to earlier procedure - Defense Verdict

By Virginia Lawyers Weekly
June 29, 2009

Plaintiff developed a post-operative infection approximately three weeks after arthroscopic knee surgery. Plaintiff claimed that the defendant violated the standard of care by deciding not to perform a knee wash out after the surgery.
The plaintiff suffered from a long history of degenerative knee arthritis. In March 2003, the plaintiff was involved in a car […]

Experts dispute need for surgery on wrist - Defense Verdict

By Virginia Lawyers Weekly
June 29, 2009

Plaintiff, a 30-year-old male, went to defendant orthopedic surgeon with a two-week history of right wrist pain after injury at work as a sheet rock hanger. After conservative treatment failed, arthroscopy of the triangular fibrocartilage complex (TFCC) was performed.
Post-operatively, plaintiff continued to complain of persistent pain and swelling. Defendant saw plaintiff for approximately 15 […]

Patient not notified of suspicious chest X-ray - $900,000 Settlement

By Virginia Lawyers Weekly
June 29, 2009

The decedent was a business executive who maintained a healthy lifestyle and did not smoke cigarettes. He was married with two adult children, one of whom waived her interests under the Wrongful Death Act as a statutory beneficiary. The decedent had a lengthy history of sinus troubles and upper respiratory issues.
He developed a dry, […]

Punitive damages sought from UIM carrier in DUI case - 130,000 Verdict

By Virginia Lawyers Weekly
June 22, 2009

In this motor vehicle crash, the plaintiff was struck head on by the defendant drunken driver, resulting in significant property damage. The defendant’s vehicle came to rest upside down. After the collision, the defendant was observed urinating in the street. The defendant was arrested and pleaded guilty to DUI.
The defendant, who was in the United […]

CNA sexually assaults assisted living resident - $750,000 Verdict

By Virginia Lawyers Weekly
June 22, 2009

Plaintiff, age 56, is mentally retarded and was a resident in Cote De Neige, an assisted care facility in Newport News. Brown is child-like and has the mental capacity of a 5-year-old.
Defendant Potter was the owner of the facility. Potter hired a certified nursing assistant named Batten and retained him even after learning that […]

Modular home dealer says buyer defaulted - $146,000 Verdict

By Virginia Lawyers Weekly
June 22, 2009

At the conclusion of all of the evidence by both parties, the plaintiff, a modular home dealer, renewed its Motion for Partial Summary Judgment as to its cause of action for breach of the contract for the sale of a modular home against the defendant purchaser (Stanley).
The court ruled that the plaintiff was entitled […]

Plaintiff found liable for crash, still prevails against John Doe - $200,000 Verdict

By Virginia Lawyers Weekly
June 22, 2009

Plaintiff, a 25-year-old female, worked as a dental hygienist and was traveling on Interstate 295 northbound in Hanover County. Plaintiff alleged that the defendant swerved into her lane (second lane from the median). Plaintiff swerved to avoid the defendant, entered the lane closest to median, lost control, went off into the median and rolled over […]

Child with terminal cancer killed in crash at stop light - $545,000 Settlement

By Virginia Lawyers Weekly
June 22, 2009

The decedent was a 6-year-old boy who died as a result of head trauma sustained when the defendant ran a red light. The unique aspect of this case was that the decedent had terminal brain cancer at the time of the accident.
The pediatric oncologist at VCU Medical Center opined that he probably only had […]

Patient reports incontinence after laser surgery on prostate - Defense Verdict

By Virginia Lawyers Weekly
June 22, 2009

In June and July 2006, plaintiff sought treatment by defendant urologist for surgical resection of his enlarged prostate, a condition called benign prostatic hypertrophy. Specifically, plaintiff sought a laser-surgery treatment called GreenLight Photo Vaporization of the Prostate, or GreenLight PVP. The procedure was completed in August 2006.
At post-surgical follow ups, plaintiff reported incontinence and […]

Size of infant not considered in brachial plexus case - $975,000 Settlement

By Virginia Lawyers Weekly
June 22, 2009

A baby who was large for her gestational age (birth weight of 9 pounds, 10 ounces) suffered a stretch injury to her brachial plexus, the nerves that lead to the shoulder girdle, arm, wrist, hand and fingers (C5, 6, 7, 8, T1). At birth her shoulder became impacted on the mother’s pubic bone (shoulder dystocia). […]

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