LEESBURG OFFICE

101 Loudoun Street SW
Leesburg, VA 20175
Phone: 703.777.6535
Fax: 703.777.6963

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302 West Boscawen
Winchester, VA 22601
Phone: 540.667.8889

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Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Car Crash Injuries

Wrist Injury from Motorcycle Crash in Loudoun County. Settlement: $240,000

Awarded: $240,000

Statement of Facts

On June 25, 2007 the plaintiff drove his motorcycle through a parking lot in Leesburg, Virginia in order to return to work. The defendant was backing out of a parking space while talking on her cell phone. The defendant’s vehicle struck the plaintiff’s knee and he had to jump off his motorcycle to avoid being run over by the defendant. The plaintiff hit his wrist on the pavement.

Injuries

The plaintiff was seen by his family doctor on June 27, 2007 due to increased left wrist pain. He was seen the same day for an orthopedic consultation. The plaintiff was placed in a wrist splint for the next month. After trying conservative treatment and experiencing no relief for the next year and a half, the plaintiff returned to his orthopedic physician in April 2009. The plaintiff was referred to a hand specialist after an MRI showed a left wrist chronic triangular fibrocartilage complex tear. He underwent a left wrist arthroscopy and ulnar shortening on December 22, 2009. A permanency rating done on May 27, 2010 revealed a 9% upper extremity impairment on the left side. The plaintiff was employed as a mechanic. His past medical bills totaled $21,238.59 and future estimated medical bills totaled $12,084.57. His case settled for $240,000.

Type of action: Motorcycle crash
Injuries alleged: Left wrist chronic triangular fibrocartilage complex tear
Name of case: Confidential
Special damages: $21,238.59 in past medical bills, $12,084.57 in possible future medical bills
Verdict/settlement: Settlement
Amount: $240,000 total settlement; $100,000 from liability carrier and $140,000 from UIM carrier
Plaintiff’s attorneys: Barbara S. Williams and Cory Ford, Leesburg
Venue: Loudoun County, Virginia
Awarded: $240,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Multiple Fractures and Permanent Injuries from Motorcycle Crash in Fairfax, VA. Settlement: $400,000

Awarded: $400,000

Motorcycle Crash

On the afternoon of July 22, 2008, the plaintiff was traveling in the right lane of northbound Ox Road in Fairfax County and proceeding through the intersection at Burke Lake Road on a solid green traffic signal. The defendant, who also had a solid green traffic signal, suddenly turned left directly into the pathway of the plaintiff from southbound Ox Road onto Burke Lake Road, failing to yield the right of way to the plaintiff’s motorcycle.

Injuries

The plaintiff sustained the following injuries: right multiple foot fractures, diagnosed as a Lisfranc injury; left distal radius fracture; thumb and middle finger injury on left hand; several rib fractures; punctured lung; multiple abrasions; left pelvic fractures (left pubic rami fractures); concussion; headaches; dizziness. He went through five surgeries for injuries related to his right foot and left hand. He treated with an orthopaedic doctor, a hand specialist and physical therapist. His medical bills totaled $84,274.64. His case settled for $400,000.00.

Type of action: Motorcycle crash
Injuries alleged: Multiple foot fractures, finger injury and broken bones in left hand, rib fractures, punctured lung, multiple abrasions, left pelvic fractures and concussion.
Name of case: Confidential
Special damages: $84,274.64 in medical bills
Verdict/settlement: Settlement
Amount: $400,000.00
Plaintiff’s attorneys: Barbara S. Williams, Leesburg; Laura H. Leigh, Leesburg
Venue: Fairfax County Circuit Court
Awarded: $400,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Truck Driver Gets PTSD From Head-On Collision in Warren County. Settlement: $425,000

Awarded: $425,000

Motor Vehicle Crash

On the morning of December 21, 2007, the defendant was driving a stolen vehicle eastbound on Route 55 in Warren County when he veered across the center line of the two lane roadway, immediately in front of a westbound loaded cement truck. He slammed his car, head on, into the front of the truck driven by the plaintiff and owned by the cement company’s firm.

The plaintiff felt his truck hit the front left side of the car. The cement truck’s front right tire and steering mechanism broke and almost completely separated from the body of the cab. The loaded cement truck rolled over onto its right side and across the highway, slamming into the embankment on the south side of the road.

Injuries

The plaintiff sustained serious injuries as a result of the crash. He was treated for a left knee sprain; an abrasion to the top of his head; a right hip injury; bruising and pain on both hips; bruising to the left side of his chest area; a left shoulder injury which required surgery to repair; bruises to the left forearm and upper right arm; and mental distress including but not limited to posttraumatic stress disorder (PTSD), depression, panic attacks and anxiety. He treated with an orthopaedic doctor, a psychiatrist and went through extensive physical therapy. His medical doctor was prepared to testify at trial that the plaintiff would never work again due to his post traumatic stress disorder. His medical bills totaled $23,458.29. His case settled for $425,000.00 from the under/uninsured motorist carrier as the defendant was driving a stolen vehicle, refused to cooperate and did not participate in litigation.

Type of action: Motor vehicle crash
Injuries alleged: Left shoulder tear, left knee sprain, post traumatic stress disorder, cuts and bruises.
Name of case: Confidential
Special damages: $23,458.29 in medical bills
Verdict/settlement: Settlement
Amount: $425,000.00
Plaintiff’s attorneys: Barbara S. Williams, Leesburg; Laura H. Leigh, Leesburg
Venue: Warren County Circuit Court
Awarded: $425,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Rear-End Car Crash With TBI in Loudoun County. Settlement: $55,000

Awarded: $55,000.00

On the evening of June 27, 2009 the plaintiff was traveling eastbound on Harry Byrd Highway in Loudoun County, Virginia. He was stopped at a traffic light when the defendant struck the back of his vehicle at a high rate of speed, pushing him into the vehicle in front of him. He was transported to the hospital by ambulance.

The plaintiff was diagnosed with a closed head injury in the emergency room the day of the crash. He suffered with neck pain, memory problems, severe headaches, dizziness and depression. He treated with a neurologist and physical therapist. His medical bills totaled $12,482.97. His case settled for $55,000.00.

Type of action: Motor vehicle crash
Injuries alleged: Brain injury, neck pain, headaches and depression.
Name of case: Confidential
Special damages: $12,482.97 in medical bills
Verdict/settlement: Settlement
Amount: $55,000.00
Plaintiff’s attorneys: Barbara S. Williams and Cory R. Ford, Leesburg
Venue: Loudoun County Circuit Court
Awarded: $55,000.00

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Painful Injections Required after Rear-End Collision in Fairfax. Jury Verdict: $725,000

Awarded: $725,000

On February 12, 2008, the Plaintiff was travelling on Prosperity Avenue in Fairfax County, Virginia. The weather was poor and a wintry mix had caused the roads to be icy. The Plaintiff was about to turn left when he lightly rear-ended the vehicle in front of him, which was waiting to turn left. The Plaintiff motioned with his right hand for that vehicle to pull over to the side of the road so they could check for damage. The Plaintiff was then struck from behind by the Defendant, and his vehicle was totaled. The Plaintiff did not think he was hurt but saw the Defendant fall to the ground after getting out of his vehicle. According to the Plaintiff, it appeared that the Defendant was convulsing. The Plaintiff helped the Defendant out of the street into a nearby building, where the Defendant appeared disoriented. The Plaintiff's vehicle was towed but the Plaintiff did not accept medical transport.

The following day, the Plaintiff's back began to hurt on his commute to work. He went to the emergency room in Loudoun County on February 14, 2008. An x-ray of his lumbar spine revealed no fractures, and no disc narrowing. Back strain was diagnosed and medication for pain was prescribed. The Plaintiff returned to the emergency room on February 25, 2008 due to his continuing pain, where once again back strain was diagnosed. It was recommended he follow up with an orthopaedic surgeon. Plaintiff consulted with an orthopaedic surgeon in Winchester on March 6, 2008. Physical Therapy was prescribed. During the course of physical therapy, the Plaintiff's shoulder began to hurt and got progressively worse. An MRI was ordered of the Plaintiff's lumbar spine, which revealed a subtle increased signal centrally within the annulus midline L5-S1, and focal central bulging of the L5-S1 disc. The findings were consistent with a small partial tear of the annulus. A thoracic MRI taken a few weeks later showed congenital fusion of T1 & T2 and a small midline disc herniation at T7-8, not causing spinal stenosis or nerve root impairment, and a right paracentral disc herniation at T8-9. The Plaintiff's orthopaedic surgeon documented that the findings at T7-T8 and T8-T9 were degenerative, insignificant, and he did not feel that these findings would reliably be associated with the Plaintiff's pain and symptoms. He referred the Plaintiff to a pain management specialist.

The Plaintiff saw a pain management specialist for his ongoing back and shoulder pain. The pain management specialist recommended prolotherapy, a series of very painful injections designed to strengthen the area of injury by injecting a sugar molecule into the area, which would then form scar tissue. The Plaintiff underwent approximately 12 sessions of prolotherapy on his shoulder and back, each session consisting of somewhere between 30-50 injections. The Plaintiff's wife took a video after each session to capture what his back and shoulder looked like following the injections. An edited, shorted version of those videos was compiled and showed to the jury at trial without sound. The plaintiff testified that prolotherapy was excruciatingly painful.

The Plaintiff's expert testified that he had a bulging disc at L5-S1, a partial tear of the annulus at L5-S1, a T7-T8 herniation impressing upon ventral thecal sac, a T8-T9 herniation with caudal extension of disc material, and a paralabral cyst and degenerative changes in his shoulder that were due to the trauma his shoulder underwent while holding on to the steering wheel as he was struck from behind. The Defendant's expert, Dr. Bruno, testified that the findings in the Plaintiff's spine were all degenerative in nature and not related to the crash. Dr. Bruno also testified that the Plaintiff had no ongoing problems, despite the Plaintiff's testimony that he hurt on a daily basis, and could only work approximately 6-7 hours per day painting, where there was substantial evidence that prior to the crash he routinely worked up to 10-12 hours per day, often 7 days per week. The Plaintiff put on approximately $14,000 in medical bills at trial.

Plaintiff's Attorney: Cory R. Ford and Barbara S. Williams
Defense Firm: Michael Davis & Associates
Insurance Company: State Farm
Plaintiff's Name: Confidential
Defendant's Name: Confidential
Medical Bills: Approximately $14,000
Policy Limits: $100,000
Last Demand: $80,000
Last Offer: $16,000
Verdict: $725,000

Awarded: $725,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Pedestrian Struck by Car in Crosswalk in Culpeper. Meditated in Accomack County $70,000

Awarded: $70,000

Plaintiff is a 73 year old retired engineer who was exiting a store in Culpeper, Virginia after buying flowers for his wife’s grave. He and his daughter were walking in the pedestrian crosswalk when they were struck by a vehicle, causing them to roll onto the hood of the car and land on their right sides on the asphalt. The daughter resolved her case without the assistance of counsel as her injuries were minimal.

Plaintiff was transported by ambulance to Culpeper Regional Hospital and complained of immediate left knee and right shoulder pain. A few days later an MRI of Plaintiff’s left knee was ordered by the patient’s primary care physician. The MRI revealed a torn body and posterior horn of the medial meniscus, moderate joint effusion, extensive subcutaneous edema, grade I MCL strain, and a moderate Baker’s cyst. Plaintiff was referred to an orthopedic physician whom he saw four days later. The orthopedic physician diagnosed the Plaintiff with a grade II MCL tear of the left knee. After five months of conservative treatment and physical therapy, Plaintiff underwent an arthroscopic surgery and medial meniscectomy of his left knee. Plaintiff underwent further physical therapy treatment for both his knee and right shoulder. Plaintiff continues to experience pain in his knee and trouble kneeling down. The defense argued that the continuing knee pain was related to Plaintiff’s pre-existing arthritis shown on the initial ER films and that his knee pain was normal for an active man of his age.

The case was mediated with the Hon. William Ledbetter, Jr., (retired). The Plaintiff testified at the mediation about the effect of his injuries on his previously active lifestyle, including home construction projects and walking five miles every day. The case settled on the day of mediation for $70,000.

Type of action: Car Crash
Injuries alleged: Grade II MCL tear of the left knee
Name of case: Confidential
Special damages: $24,575.28 in medical bills
Verdict/settlement: Settlement
Amount: $70,000
Insurance Carrier: Confidential
Plaintiff attorneys: Barbara S. Williams, Leesburg
Venue: Culpeper County Circuit Court

Awarded: $70,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Multiple fractures to Leg Requiring Permanent Rod and Screws in a Motorcycle Collision in Accomack County. Settlement: $300,000

Awarded: $300,000

On September 9, 2006 the plaintiff was traveling on his motorcycle to his beach house on Chincoteague Island. The defendant was backing out of his driveway on Ridge Road. Although he saw the motorcycle he accelerated onto the roadway into the path of the plaintiff, striking his motorcycle. The plaintiff’s right leg was briefly pinned between his 600 pound motorcycle and the defendant’s truck. The plaintiff was then thrown free 200 feet into a nearby cemetery across the road. The defendant pled guilty in Accomack County General District Court.

The defendant accepted liability but contested the extent of the plaintiff’s damages.

The plaintiff sustained multiple fractures to his right leg which required surgery and the placement of a permanent rod and screws. Due to the extent of his leg injury, he required in home health care for three months. The plaintiff was unable to bear weight on his right leg for six months and unable to drive for fourteen months following the crash. The fractures did not heal properly and the plaintiff had to undergo more surgery to remove the two distal locking screws that were put in his leg. He treated with an orthopaedic surgeon and a physical therapist. Because of his injuries, the plaintiff was forced to retire as an investigator with the Loudoun County Sheriff’s Office after being in law enforcement for twenty-seven years. His medical bills totaled $33,680.41 and he had a claim for lost wages for over $850,000. In addition, he had a claim for a lessening of earning capacity. The case was settled for $300,000, the policy limits of the liability carrier.

Type of action: Motorcycle Crash
Injuries alleged: Multiple fractures to right leg
Name of case: Confidential
Special damages: $33,680.41 in medical bills
Verdict/settlement: Settlement
Amount: $300,000.00
Insurance Carrier: Allstate
Plaintiff’s expert: Michael Kavanagh, M.D.
Plaintiff attorney: Barbara S. Williams, Leesburg; Douglas Fleming, Leesburg
Venue: Accomack County

Awarded: $300,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Car Flips after T-Bone Collision in Ashburn. Arbitration: $75,000

Awarded: $75,000

On May 16, 2008 the defendant was in a residential neighborhood, traveling west on Fitzgerald Drive. The defendant ran the stop sign at the intersection of Hemingway and Fitzgerald and crashed into the side of the plaintiff's vehicle as she was traveling north on Hemingway Drive. The force of the impact was so strong that the plaintiff's vehicle flipped over twice and landed upside down. A police officer arrived at the scene of the accident and charged the defendant with failure to stop.

The defendant accepted liability but contested the extent of the plaintiff's damages.

The plaintiff sustained the following injuries: abrasions on her head, concussion, headaches, neck pain, and difficulty concentrating. She treated with a neurologist, a physical therapist and a chiropractor. Her medical bills totaled $14,544.25. The case was arbitrated with a high/low agreement. The amount awarded to the plaintiff was $75,000.

Type of action: Car Crash
Injuries alleged: Post concussion syndrome, headaches, spasm of the trapezius muscles, C6-7 disc herniation
Name of case: Confidential
Special damages: $14,544.25 in medical bills
Verdict/settlement: Arbitration
Amount: $75,000.00
Insurance Carrier: State Farm
Plaintiff expert: Jon Peters, M.D.
Plaintiff attorneys: Barbara S. Williams, Leesburg
Venue: Loudoun County
Arbitrator: Tom Curcio, Esq.

Awarded: $75,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

TBI and Right Hip Labral Tear from Car Crash in Leesburg. Mediated Settlement: $350,000

Awarded: $350,000

Plaintiff was a 29 year old passenger in a car traveling south on Evergreen Mill Road near the intersection of Tolbert Lane in Loudoun County, Virginia. The defendant, a delivery truck driver, was on a side street in his delivery truck waiting to cross Evergreen Mill Road. As the plaintiff’s friend pulled into the left hand turn lane on Evergreen Mill Road, the defendant proceeded into the intersection and crashed into the passenger side of the car where plaintiff was sitting. Due to the side impact, plaintiff hit her head on the seatbelt anchor beside the door. The police charged the defendant with reckless driving.

The delivery company accepted liability on behalf of its driver.

The plaintiff had dizziness, nausea, and headaches shortly following the crash and went to Loudoun Hospital Center for examination. The emergency room physician diagnosed a concussion, neck sprain, and lumbar sprain. The plaintiff went back to her primary care physician for neck pain that radiated down her right upper extremity, an inability to focus, and soreness in the area of her right sacroiliac joint. Over the next few months, the plaintiff suffered headaches and short term memory loss causing difficulty with her college classes studying to be a registered nurse. Although she attended physical therapy, she continued to experience pain in her right hip. An MRI arthrogram done revealed a right hip superior labral tear. The plaintiff underwent surgical consultations with two surgeons, Dr. Derek Ochiai and Dr. Michael Kavanagh. Dr. Kavanagh advised the plaintiff to wait approximately eighteen months from the time of the injury to heal before considering surgical intervention.

The plaintiff graduated from nursing school with excellent grades despite not being able to finish her classes during the quarter in which she was hit. She moved to California after graduation. The plaintiff continued her treatment and underwent a surgical evaluation with Dr. Mark Safran at UCSF Sports Medicine in San Francisco. After performing the evaluation, Dr. Safran told the plaintiff that surgery was the best option to relieve her constant hip pain. Dr. Safran performed a right hip arthroscopy and partial labrectomy on the plaintiff. After a year of physical therapy and recovery, the plaintiff was only at about 90% of her original functional level in her right leg.

The case was mediated with the Hon. Kathleen MacKay (retired). The plaintiff presented well at the mediation and testified about the effect of her injuries on her active lifestyle, including mountain biking, hiking, surfing, and yoga. The case settled three months after mediation for $350,000.

Type of action: Side Impact Car Crash
Injuries alleged: Mild Traumatic Brain Injury, Right hip superior labral tear
Name of case: Confidential
Special damages: $68,601.05 in medical bills
Verdict/settlement: Settlement
Amount: $350,000.00
Insurance Carrier: Liberty Mutual
Plaintiff attorneys: Barbara S. Williams and Cory Ford, Leesburg
Venue: Loudoun County Circuit Court

Awarded: $350,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Vehicle Crushed by Logs Falling Off Tractor-Trailer in Fairfax County. Settlement: $300,000

Awarded: $300,000

On June 6, 2005, the plaintiff was stopped at a traffic light in the far left lane at the intersection of Route 28 and Frying Pan Road in Fairfax County. She was traveling southbound. The defendant was traveling northbound on Route 28 in his tractor-trailer, which carried a load of large tree logs. The defendant swerved to avoid hitting a vehicle that had stopped in front of him, clipped the vehicle and entered the intersection fish-tailing and out of control. The tractor-trailer flipped over on its side and the logs crashed down upon the plaintiff, shattering all of the windows on the driver's side of her car and the back windshield. The defendant was charged with reckless driving and accepted liability.

The plaintiff suffered multiple contusions, neck and back pain, headaches, anxiety, trouble sleeping, a mild concussion, post traumatic stress disorder, left hip pain and right wrist pain. Her wrist was surgically repaired for a tear of the triangular fibrocartilage (TFCC). She was treated by a neurologist and an orthopedic surgeon. She was 20 years old at the time of the crash. Her medical bills totaled $50,643.72. Her case settled for $300,000.

Type of Action: Personal injury, tractor-trailer crash
Injuries Alleged: Post traumatic stress disorder, post concussive disorder, headaches, tear of TFCC
Special Damages: $50,643.72 in medical bills
Verdict/Settlement: Settlement
Amount: $300,000
Insurance Carrier: Zurich
Plaintiff's Experts: David Miller, M.D,; Jon Peters, M.D.
Plaintiff's Attorney: Barbara S. Williams
Venue: Fairfax County Circuit Court

Awarded: $300,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Shattered Hip after Tractor-Trailer Crash in Centreville Results in Use Of Cane for Life. Settlement: $700,000

Awarded: $700,000

This case arose following a motor vehicle collision on April 2005 on Route 29 in Centreville, Virginia. At approximately 5:45 a.m., the defendant tractor-trailer driver made a left turn onto Route 29, obstructing the path of the plaintiff’s vehicle. Police photographs showed that the trailer was not equipped with retroreflective conspicuity tape as required by federal regulations, a fact not disputed by the defendants. Deposition testimony of the both the plaintiff and an eyewitness traveling in the opposite direction on Route 29 was that the defendant’s trailer did not have any working lights and was not visible at the time of the crash, although the cab lights did work.

As a result of the crash, the plaintiff suffered a transverse acetabular fracture, right-side rib fractures and a crush injury to the left wrist with a severed tendon. The acetabular fracture shattered the plaintiff’s left pelvic wall, requiring multiple reconstructive surgeries. Plaintiff, then a 38-year old airline mechanic, had a titanium hip replacement and now ambulates with the use of a cane for life.

Suit was filed against the driver of the tractor-trailer, his employer (a trucking company), and the president of the trucking company in his individual capacity (as individual owner of the tractor-trailer). The suit alleged negligence per se based on numerous statutory violations, including the failure of the driver and company to properly inspect that the trailer was equipped with working safety equipment.

The defense argued contributory negligence based on evidence that at the time of the crash the plaintiff was speeding, was lost, and had insufficient sleep while returning from a friend’s house in the District of Columbia after having attended a show at a night club in Southeast Washington. The friend, whom the couple had met on the Internet, was unable to be located. Further, Plaintiff testified that he had not consumed any alcohol the night before the crash. However, statements in plaintiff’s medical records appeared to conflict with plaintiff’s testimony regarding his alcohol consumption.

Type of action: Negligence, personal injury
Injuries alleged: Acetabular fracture, severed tendon,left wrist,early-onset degenerative ankle arthritis
Name of case: Confidential
Special damages: $241,739.29 in medical bills
Verdict/settlement: Settlement
Amount: $700,000 for resolution of this case and related injury case of plaintiff’s wife, who suffered a sprained ankle in the crash
Experts: David Stopper, trucking expert; Sandra Wells-Brown, vocational rehabilitation expert;Dr. Randall Peyton, orthopedist; Dr. AmerSaba, plastic surgeon
Plaintiff attorneys: Barbara S. Williams and Armand B. Alacbay, Leesburg; Cory R. Ford, Reston

Awarded: $700,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Wrongful Death

Father With History of Deep Vein Thromboses Not Sent to Hospital By Family Physician and Dies. Settlement: $1,600,000

Awarded: $1,600,000

In June 2011, a 47 year old married father (Mr. Doe) of two went to his primary care physician complaining of frequent episodes of shortness of breath. The PCP ordered testing and concluded that his symptoms were "asthmatic in quality." Two days later Mr. Doe collapsed in his front yard. He passed away while en route to the hospital. An autopsy determined that the cause of death was a massive acute pulmonary embolization occluding both principal pulmonary arteries. The deceased had a prior history of two deep vein thromboses of which his doctor was aware as he treated Mr. Doe for the condition and the history was listed in the record under “past medical treatment.” The decedent’s widow brought this case forth against the defendant primary care physician. An expert hired by the Plaintiff’s attorney opined that the defendant physician should have immediately sent Mr. Doe to the emergency room for further testing, given his prior medical history. The case settled during negotiations for $1,600,000.00.

Awarded: $1,600,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Medical Malpractice

Doctor Stitched Patient’s Vaginal Cuff to Rectum in Winchester. Jury Verdict: $3,000,000

Awarded: $3,000,000

Dr. Katherine Averill performed a laparoscopically assisted vaginal hysterectomy (“LAVH”) on Shannon Taylor, then 39 years old, in 2007. Ms. Taylor had suffered from menorrhagia, or heavy menstrual cycles. At the time of the surgery Ms. Taylor was earning approximately $45,000 per year as a technical assistant at an aviation company operating at Dulles International Airport. Following removal of the uterus, Dr. Averill stitched Ms. Taylor’s vaginal cuff to her rectum. Following the LAVH, Ms. Taylor suffered from post-operative symptoms including nausea, vomiting, tenesemus (the urge to have a bowel movement), hematochezia (bloody stool), and fever while at Winchester Medical Center. Three days after Dr. Averill’s surgery, Dr. Troy Glembot, a general and bariatric surgeon, was consulted in order to determine the cause of Ms. Taylor’s rectal bleeding. Dr. Glembot testified that an immediate exploratory laparotomy was needed. During his exploratory laparotomy, Dr. Glembot discovered that Dr. Averill had incorporated the rectal wall into her vaginal cuff repair, and the presence of necrotic tissue was noted. An entire line of continuous sutures was holding the two tissues (vaginal tissue and rectal tissue) together. Dr. Glembot removed the sutures and repaired at least two lacerations in the rectal tissue. Dr. Glembot then performed a sigmoid colostomy, which was necessary to divert the stool from the injured area of the rectum and allow healing to take place. Ms. Taylor had to wear the colostomy bag for approximately 75 days. During that time, she suffered complications associated with the colostomy, including retraction, infection and stenosis of the stoma. The colostomy was then reversed. Due to the fact that two operative incisions were made in the same place in her abdomen, Ms. Taylor also suffered from two abdominal hernias, which were repaired through the placement of mesh in her abdominal area. Ms. Taylor testified that the mesh was uncomfortable. The Plaintiff’s expert, Dr. Edward Koch, an OB/GYN, testified that Dr. Averill breached the standard of care by not properly identifying the tissues and the anatomy prior to her placement of sutures. Dr. Koch stated that the stitching of the vaginal cuff occurs during the vaginal portion of the procedure, while the surgeon is looking directly at the vaginal cuff, approximately 18 inches away, rather than through a laparoscope. The defendant produced two expert witnesses, both of whom said that stitches through the rectal wall in an LAVH are a risk of the procedure and that Dr. Averill had committed an “acceptable surgical error.” The medical bills and lost wages incurred by Ms. Taylor were approximately $125,000. The case was tried before Judge Prosser in Winchester, Virginia.

The Complaint requested $3 million. The jury returned a verdict of $3 million. The Plaintiff’s lawyers were Barbara S. Williams and Roger T. Creager.

Offer: None
Defense Attorney: Richard Nagle, Hancock, Daniel, Johnson & Nagle

Awarded: $3,000,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Surgeon Places Wrong Size Prosthesis During Shoulder Replacement Surgery in Luray. Jury Verdict: $922,854.56

Awarded: $922,854.56

This Page County, Virginia case involved an osteopathic surgeon that operated on a man and caused him to lose most of the use of his right arm, impacting on his ability to work and to hunt. Dr. “X” performed a total shoulder replacement surgery in January of 2002 on John Doe, then 52 years old. Mr. Doe was a hydro-electric technician with a 30 year work history and was earning approximately $46,000 per year at the time of the surgery. The defendant, Dr. “X”, released the plaintiff, Mr. Doe, to work after four months with a 50 pound work restriction. Mr. Doe could not functionally use his right arm after surgery, despite physical therapy. Based on his continuing problems 14 months after his total replacement surgery, Mr. Doe had the shoulder surgery revised by Dr. Neviaser, the chief of orthopaedics at George Washington University and a well-regarded shoulder expert. Dr. Neviaser testified at trial that the prosthetic device implanted by Dr. “X” was placed too high or too proud, which violated the standard of care for a Virginia orthopaedic surgeon. Dr. Neviaser testified that the standard of care for the placement of a humeral head prosthesis is 5 to 10 mm above the greater tuberosity. In this case, the prosthesis was 25 mm (or 2.5 cm) above the greater tuberosity. After his second surgery, Mr. Doe could not return to his job at the hydroelectric plant, and testified that he had planned on retiring at age 62. The parties stipulated that had Mr. Doe worked until age 62, he would have earned another $385,624. The defendant called two expert witnesses to testify that although the prosthesis was high, the joint was not overstuffed and the surgeon had used good medical judgment during his operation. There was no testimony from the defense on causation of the plaintiff’s right shoulder rotator cuff problems; even though the defendant surgeon’s operative report and findings showed that at the time of the 2002 surgery, Mr. Doe had healthy soft tissues. On February 9, 2006, a jury in Page County Circuit Court awarded Mr. Doe $922,854.56 for medical expenses and lost wages. Status: Dr. “X” petitioned the Supreme Court of Virginia for an appeal of the jury’s verdict. The Supreme Court upheld the jury verdict and Dr. “X” (through his malpractice carrier) paid the judgment amount plus interest.

Awarded: $922,854.56

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Premises Liability

Fall on Ice Causes Three-Part Ankle Fracture Requiring Surgery With Placement of Plates and Screws in Fairfax. Settlement: $120,000

Awarded: $120,000

Plaintiff was walking on a sidewalk when she slipped and fell on a patch of ice that had accumulated in front of the apartment complex in which she lived. The ice was covered by a light dusting of snow on top of the ice.

The fall resulted in a three-part fracture her right ankle which required immediate open reduction and internal fixation surgery. The surgery resulted in the placement of five permanent screws and a number of plates in the ankle. Plaintiff was completely non-weightbearing for one week and had severely reduced mobility for three more weeks before returning to work in a limited fashion. She continued physical therapy until four months after the injury.

Prior to the incident, plaintiff was an athletic 25-year old woman who played soccer. Her injury has made it difficult, if not impossible, to return to full activity. Two years after the injury she was rated with a 14% impairment to her right lower extremity due to loss of ankle motion and atrophy.

The defendants initially disclaimed liability, the apartment owner and its snow removal contractor each charging that the other party was responsible for treating the icy conditions on the sidewalk in front of the apartment. Weather reports from the area showed three inches of snow falling the day prior to the injury, and temperatures below freezing on the day of the injury.

Plaintiff’s forensic architect expert reported that on the day of the injury, snow had melted from the apartment’s roof into a drainpipe, and had refrozen below, at the spot where the plaintiff was injured. The expert reported that defects in the sidewalk and poor drainpipe placement caused roof runoff to collect at the point where the injury occurred. Tenants had complained of icy sidewalks prior to the fall.

Type of action: Negligence, premises liability
Injuries alleged: Fracture and dislocation of the right ankle
Special damages: $26,571.59 in medical bills
Verdict/settlement: Settlement
Amount: $120,000 total settlement; $115,000 from defendant apartment complex and $5,000 from defendant snow removal contractor
Plaintiff’s expert: Lawrence Dinoff, forensic architect; Dr. John Bruno, orthopedist
Venue: Fairfax County Circuit Court

Awarded: $120,000

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

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