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May 21, 2023

VLW’s Million

By: Virginia Lawyers Weekly March 27, 2023 A personal injury

By: Virginia Lawyers Weekly March 27, 2023

A personal injury settlement that is believed to be the largest amount ever recovered by a single personal injury plaintiff in Virginia leads Virginia Lawyers Weekly's compilation of Million-Dollar Settlements of 2022.

The plaintiff, who was injured in a motor vehicle collision in 2019, obtained a $47.5 million settlement.

The second-largest settlement was a condemnation matter involving an 83-acre parcel of land. After a collaborative effort between the parties involved, the case settled in mediation for $21 million.

The third-largest settlement was for $15 million and stemmed from a motorcycle accident that resulted in the plaintiff needing a below-knee leg amputation. Those were the only settlements at or above $15 million.

The annual compilation, which appears inside this issue and on our website, covers the largest settlements reported from across the commonwealth during 2022. To make the list:

The settlement must be for at least $1 million.

The settlement must have been reached in 2022.

The settlement had to have taken place in Virginia or had strong Virginia ties.

Fifty-three settlements met the criteria for this year's edition. Most of the settlements were related to issues of personal injury, medical malpractice and wrongful death.

We would like to thank the attorneys and their staff who submitted their reports throughout the year. If you have a 2022 million-dollar settlement that is not listed here, please let us know. We will add it to the online version of the compilation so that it can be as complete as possible.

Plaintiff nets record-setting personal injury settlement

Type of action: Personal injury, auto accident

Name of mediator: Judge Joanne F. Alper (Ret.)

Attorneys for plaintiff: P. Christopher Guedri and Trent S. Kerns, Richmond

Case summary: The plaintiff, a deserving young person, was seriously injured in a 2019 Virginia motor vehicle collision.

Upon information and belief, this $47.5 million settlement is the largest amount ever recovered (i.e., collected) by any single personal injury plaintiff in Virginia. The previous high-water mark is believed to have been $30 million.

As the case was resolved on terms of strict confidentiality, no further information can be publicly disclosed.

Collaboration nets settlement in condemnation matter

Type of action: Condemnation

Court: Prince William County Circuit Court

Name of mediator: Judge Robert Woolridge (Ret.)

Attorneys for defendant: Paul B. Terpak and Patrick B. Piccolo, Fairfax

Case summary: This case involved the condemnation from an 83-acre parcel zoned Industrial with by right use for data centers of approximately 21 acres in fee, along with 3.4 acres for stormwater management and drainage, required for the construction of a commuter parking lot built as part of the expansion of Interstate 66. VDOT's original offer was $4.7 million. After a year of meetings with VDOT and its PPP partner, FAM, the parties were able come to an accommodation involving shared use by the landowner of the stormwater management pond built by VDOT. Susan Shaw of VDOT, and VDOT's attorney, Jeff Huber, were instrumental in creating an innovative solution which saved millions of dollars in damage to the residue of the landowner's property. Even so the landowner suffered significant damages because VDOT took the heart of an 83-acre parcel, dividing it into three residual parcels, creating new setbacks, and adding a new road at set elevations which increased the cost of earthwork by several million dollars.

Motorcyclist's leg crushed in accident with delivery truck

Type of action: Motorcycle accident

Attorneys for plaintiff: Kevin Biniazan and Jeffrey A. Breit, Virginia Beach; Don Scott, Portsmouth; Lee Floyd, Richmond

Case summary: Plaintiff was riding a motorcycle in Virginia Beach when a delivery truck turned left and struck plaintiff. Plaintiff's leg was crushed and he was life-flighted to the nearest trauma center. After a few days of repeated surgeries, the doctors decided a below-knee amputation was necessary. Additionally, plaintiff suffered a fractured femur requiring the placement of an intramedullary rod.

Plaintiff's past medical bills were approximately $388,000 at the time of resolution. Plaintiff was expected to incur future medical costs, claimed past-future lost earnings, and a lessening of his earning capacity. The total economic damages claimed were between $2 million to $3 million. These figures were contested by the defendants.

The resolution came weeks before trial and after the parties collectively filed and opposed nearly 20 motions in limine related to wages, alcohol, drugs, expert disclosures, and a multitude of evidentiary issues. After a full day of mediation, the case settled for a cash payment of $5 million plus a structured settlement that will pay the plaintiff slightly more than $10 million over his lifetime.

Settlement reached in childcare sex abuse cases

Type of action: Sexual assault

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Peter Grenier, Washington, D.C.; Chuck Zauzig, Woodbridge; Peter Everett, Fairfax; Alex Levay, Leesburg; Steve Frei, Fairfax; Donna Rostant, Fairfax; Kevin Leach, Burke; Michael Kernbach, Manassas

Case summary: Through these consolidated actions, the parents of nine children sexually assaulted by a teacher at a large regional childcare center brought claims against the childcare company.

The plaintiffs filed suit, relying upon several legal claims, including duty and negligence created by the special relationship between the children and the childcare center.

Since the perpetrator assaulted children while he was otherwise engaged in his responsibilities to care for, protectNe and entertain them, and assist them on the playground, the plaintiffs included claims based on respondeat superior liability.

The complaints sought recovery for common law fraud and violations of the Virginia Consumer Protection Act. The plaintiffs premised such claims on a host of statements they characterized as misrepresentations, which they relied upon in enrolling their children and keeping their children enrolled.

The damages in these cases were extraordinary and deeply troubling. In the aftermath of the assaults, especially as they grew older, these children manifested a host of signature symptoms and psychopathology of sexual assault, severe anxiety and post-traumatic stress disorder.

Man killed in collision caused by high-speed police chase

Type of action: Personal injury; wrongful death

Attorneys for plaintiff: Don Scott, Portsmouth; Jeffrey A. Breit and Kevin Biniazan, Virginia Beach

Case summary: Temika Pleas was a passenger in a vehicle driven by her husband, Calvin Majette III. They were struck by a vehicle that had run a red light while attempting to elude the police. Majette was killed on impact and Pleas suffered severe and permanent injuries, including a traumatic brain injury. Pleas was hospitalized for approximately two weeks.

This collision occurred because a police officer violated principles of proper police conduct by engaging in a high-speed chase in a highly trafficked area. The person being chased did not present a danger to the officers or other citizens until the police officer engaged in a dangerous chase. Whether the conduct would or could rise to the level of "deliberate indifference" was hotly debated and contested.

The city of Portsmouth was insured with an $11 million per occurrence policy, which afforded coverage for the collision. The city and the carrier tendered the full coverage of $11 million on the final day of their deadline.

Cooperative effort nets fair result in condemnation matter

Type of action: Condemnation

Court: Prince William County Circuit Court

Attorneys for defendant: Paul B. Terpak and Patrick B. Piccolo, Fairfax

Case summary: This case involved the condemnation of approximately 24 acres along with four acres for storm water management and drainage required for the construction of a commuter parking lot built as part of the expansion of Interstate 66. VDOT's original offer was $3,412,518. Two other smaller takings were settled concurrently with the total VDOT offers for the three cases of $3,928,862. The three cases were settled for a collective payment of $10.1 million. The main issue in the case was whether the property was suitable for data center use and the value per acre. Susan Shaw of VDOT and VDOT's attorney, Jeff Huber, were instrumental in creating an innovative solution which saved millions of dollars in damage to the residue of the landowner's property. As a result, no damages to the resident were claimed, and the sole issue was value of the property taken. Ultimately this cooperative effort helped lead to a fair settlement of the case.

Misread mammograms resulted in late diagnoses, death

Type of action: Medical malpractice

Name of mediator: Judge Jane Marum Roush (Ret.)

Attorneys for plaintiff: Stephanie E. Grana and Dascher Pasco, Richmond

Case summary: The 10 women were patients of a defendant radiologist and his practice group. The patients all alleged that their mammograms had been misread over multiple years resulting in a late diagnosis of breast cancer – at an advanced stage with lymph node involvement. Three of the patients died during the pendency of their respective cases. The cases were all resolved at mediation or arbitration after the aggregate limits of coverage were tendered.

Fall from second story leaves veteran paralyzed

Type of action: Premises liability

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: John M. Cooper, Norfolk; Bailey L. Gifford, Virginia Beach; Jan Hoen, Hampton

Case summary: The plaintiff, a 44-year-old veteran, was rendered a paraplegic after a fall from a second-story structure in Hampton Roads. The complex liability issues were highly contested and technical. The contributory negligence and causation challenges were significant. The case settled for $6 million less than a month before trial and several weeks after mediation. Alan Michaelis of Alcar Multimedia assisted in the mediation and trial preparation.

Couple killed in accident involving sheriff's deputy

Type of action: Wrongful death, auto accident

Attorneys for plaintiff: Jeffrey Breit and Kevin Biniazan, Virginia Beach; Don Scott, Portsmouth

Case summary: The Dangerfield family and Fauquier County have agreed to resolve the wrongful death cases which resulted from a traffic accident between a former deputy in the Fauquier County Sheriff's Office and Mr. and Mrs. Dangerfield. The county and the Dangerfields agreed to settle the cases for $5 million, the full extent of insurance available for these claims.

The county and Fauquier County Sheriff's Office confirm retraining on policies for proper operation of vehicles has occurred with all Sheriff's Office personnel. In addition, this and other policies that relate to the safety of law enforcement personnel and general public have and will be ongoing in the future to help avoid tragedies like this.

Crash with dump truck leaves woman permanently disabled

Type of action: Personal injury

Name of mediator: Judge Diane Strickland (Ret.)

Attorneys for plaintiff: Daniel Patrick Frankl, Thomas H. Miller, Dale W. Webb and Jason G. Moyers, Roanoke

Case summary: The plaintiff was struck head on by a fully loaded dump truck, weighing more than 23,000 pounds, whose driver veered into the plaintiff's lane to avoid colliding with a stopped vehicle. The lead investigator for local law enforcement recalls this accident as being one of the worst accidents to which he has ever responded.

The plaintiff spent four days in a coma in ICU. Diagnoses during the plaintiff's hospital stay included fractures of her left radius and ulna, a fractured right humerus, a fractured right femur, a left hip fracture, a left tibia fracture, a closed fracture of her sternum, a 2 cm laceration to her left leg, a 5 cm laceration to her right leg, a 3 cm deep laceration to her right knee, a Grade 1 liver laceration, a subscapular inter-cranial hemorrhage, a traumatic brain injury and an injury to her thyroid gland.

The plaintiff has not been able to return to work. It has been noted by her doctors that she likely will never be able to resume gainful employment.

Man struck by city vehicle while crossing street

Type of action: Personal injury

Court: Charlottesville Circuit Court

Name of mediator: Michael E. Harman

Attorneys for plaintiff: Jonathan T. Wren and Robert E. Byrne Jr., Charlottesville; Kevin W. Mottley and Benjamin P. Kyber, Richmond

Case summary: The plaintiff was traversing East Market Street within a clearly marked crosswalk when he was struck by a car owned by the city of Charlottesville and being driven by a city official, who was going to a meeting. A city police officer witnessed the incident and ticketed the city official for failing to yield to a pedestrian in a clearly marked crosswalk.

The plaintiff had been summoned to appear in court for a return date, and he did not want to miss the court date. At court, he experienced nausea, headache and dizziness. After court, he drove himself to the emergency room. Over the ensuing days, he experienced symptoms of a mild traumatic brain injury. He was diagnosed as having suffered a likely concussion by his primary care physician. In the following months, the plaintiff developed chronic depression and was eventually diagnosed with post-traumatic stress disorder by a psychiatrist and a therapist.

The plaintiff was unable to continue working in the banking and financial services industries, where he had worked most of his adult life.

Incorrectly manufactured eye drops caused chemical burns to plaintiff's eye

Type of action: Medical malpractice, products liability

Attorneys for plaintiff: Matt Broughton and Evans Edwards, Roanoke; Lance Lourie and Andrew King, Atlanta, Georgia

Case summary: Plaintiff, a Ph.D candidate in his 20's, developed a degenerative eye condition known as keratoconus, where the cornea thins and bulges outward into a cone shape.

Plaintiff underwent a CXL procedure on his right eye. Upon administration of the riboflavin drops, plaintiff experienced excruciating discomfort. Over the next 10 minutes, he lost all vision in his right eye, with the entire surface of his eye turning opaque and white. Investigation revealed that the responsible pharmacy had manufactured the riboflavin drops to an incorrect pH level—they were too alkaline—resulting in a severe chemical burn to the eye.

There was initial concern plaintiff's right eye would have to be enucleated. He was markedly disfigured. Plaintiff has endured a grueling post-operative course of treatment. A stem cell transplant was performed from his "good" left eye to prepare for a corneal transplant. Most recently, plaintiff underwent a corneal transplant. He is optimistic about restoration of some vision in his right eye.

Car went airborne after striking dislodged manhole cover

Type of action: Personal injury

Attorneys for plaintiff: Julie H. Heiden and Peter C. DePaolis, Fairfax

Case summary: The plaintiff was a 46-year-old married woman with two children who was seriously injured when her vehicle struck a dislodged manhole cover in a traffic lane of a major interstate, went airborne and struck another vehicle upon landing on the shoulder of the roadway. She suffered a traumatic brain injury, a bicondylar Schatzker type VI tibial plateau fracture that required immediate ORIF surgery, multiple internal injuries including a lacerated liver, grade II lacerated kidney and a grade II lacerated spleen, significant facial lacerations and multiple rib fractures. Medical bills totaled more than $550,000 after four years of treatment with future care approximated as an additional $1.2 million including surgery. The plaintiff has a 32% permanent partial impairment of the left leg. Discovery revealed multiple prior incidents at the same location and little effort made to fix a repetitive problem despite proper notice. An early mediation was held in 2020 and failed. A focus group assisted in identifying both medical and liability issues to consider.

Driver killed in head-on collision on Route 15

Type of action: Wrongful death

Court: Loudoun Circuit Court

Name of mediator: Judge Johanna Fitzpatrick (Ret.)

Attorney for plaintiff: Jason W. Konvicka, Richmond

Case summary: This wrongful death case arose out of a commercial vehicle crash that occurred in Loudoun County. The decedent was driving southbound and the defendant was driving northbound on Route 15. The crash occurred when the defendant swerved to avoid a slower moving vehicle, crossed the double yellow line and crashed into the decedent's vehicle head-on. The closing speed of the two vehicles was greater than 70 mph. The defendant later pled guilty to reckless driving.

The decedent was transported to the emergency department. Despite fluid resuscitation, he remained hypotensive and a massive transfusion protocol was initiated. Diagnostic studies confirmed traumatic subarachnoid hemorrhages with subcutaneous hematomas as well as fractures of the left iliac wing, manubrium, left C5-7 transverse processes, and multiple ribs bilaterally. Additionally, a laceration of the left kidney was found as well as a left pneumothorax for which a left chest tube was placed.

Given his continued medical challenges, he was transferred to an inpatient rehabilitation facility in Richmond where he died.

Woman killed in accident with sewage truck

Type of action: Wrongful death, personal injury

Attorneys for plaintiff: John C. Shea, Richmond; Lee J. Bujakowski, Hopewell; Ryan T. Walker, Chesterfield; Steven G. Friedman, Charlottesville

Case summary: The decedent, a 78-year-old Hopewell resident, was survived by her husband as well as two grown daughters and a grown son. The decedent and her husband met in high school and were married more than 57 years. The decedent never worked outside of the home but was actively involved in her husband's career as well as her community.

The decedent was killed on July 1, 2021, while on a trip to the family's summer cottage. A 2012 Mack tractor-trailer hauling sewage ran a red light, overturned and struck a pickup truck operated by the decedent's husband. The decedent was a front seat passenger. The decedent died eight hours after this wreck from massive internal injuries. Her husband, although injured himself, held her hand as she died.

Suit was filed but the matter settled shortly after an answer was filed. The family intends to use a portion of the settlement proceeds for the establishment of a scholarship at Longwood University in honor of their wife and mother.

Engineer injured in head-on collision

Type of action: Personal injury

Court: Loudoun County Circuit Court

Name of mediator: Judge Johanna Fitzpatrick

Attorneys for plaintiff: Juli M. Porto and Robert J. Stoney, Fairfax

Case summary: On Sept. 11, 2020, a young engineer was hit head-on by a driver who crossed the median. The man sustained fractures throughout his body, requiring several surgeries and inpatient rehabilitation. Despite his serious injuries, he made an improbable recovery, due mostly to his determination and dedication to closely following his treatment plan, physical therapy and exercise. He still suffers from residual pain in his left leg and ankle with movement but has returned to work full time without restrictions.

Cyclist struck by utility van, resulting in TBI

Type of action: Personal injury

Court: Fairfax County Circuit Court

Name of mediator: Judge Alfred D. Swersky (Ret.)

Attorneys for plaintiff: Mark D. Cummings and David E. Sher, Arlington

Case summary: Plaintiff was riding his bicycle from work in Reston. As he rode through a crosswalk, he was struck by a utility van owned by defendant and driven by an employee. He was unconscious at the scene and taken to Reston Hospital Center where he was treated for traumatic brain injury, coma symptoms and fractured right eye socket among other injuries.

The plaintiff was later released from the hospital and had no memory of his three weeks at Reston Hospital. The plaintiff, who up to that time was a highly respected aerospace engineer and a team leader, suffers with compromised executive functioning, loss of attention span, lack of clarity of thought, double vision in his right eye, difficulty completing tasks, trouble with his balance and dizziness.

It is anticipated he will need mental therapy for the foreseeable future. His employer has reduced his responsibilities and he is no longer a team leader in the satellite program. It is anticipated that his employer will retire him at age 65 despite his plans to work until age 74.

Leg amputated after being crushed between two vehicles

Type of action: Personal injury

Attorneys for plaintiff: Lee Livingston, Anthony Greene and Kyle McNew, Charlottesville; Phil Gardner, Martinsville

Case summary: A furniture delivery truck arrived to the plaintiff's shared driveway to deliver furniture to plaintiff's aunt, who lived at the top of the driveway. Once the driver and his helper unloaded the furniture, the driver drove back down the driveway in reverse, without having the helper get out and spot him. The driver made it most of the way down the driveway before driving his passenger-side tires off the side of the road toward a small drop-off, causing the truck to become stuck.

Plaintiff and his grandfather drove down the road to seek assistance from a local lumber mill. The lumber mill sent an employee in a front-end loader to see if it could free the furniture truck. As plaintiff knelt to hook a chain to the truck, the front-end loader rolled down the driveway back toward the truck, pinning plaintiff between the two machines. The front-end loader driver was able to pull forward and free plaintiff, but not before plaintiff's leg was mangled and his abdomen severely crushed.

Three killed after tractor-trailer crossed median, struck two vehicles

Type of action: Auto accident

Court: U.S. District Court, Western District of Virginia

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorney for plaintiff: Michael L. Ritchie, Harrisonburg

Case summary: The tractor-trailer crash, which occurred on Jan. 15, 2020, on Interstate 81 near Harrisonburg, killed three and injured two others.

The wreck occurred when the defendant, in this case a tractor-trailer driver for a national trucking company, left the roadway as he traveled northbound on Interstate 81 outside of Harrisonburg, traveled through the median and entered the southbound lanes of travel. The tractor trailer struck a box truck and Honda Civic head-on.

The plaintiff in this case, the driver of the box truck, was killed instantly by the impact. The deceased plaintiff was a husband and father of three and provided financial support for his family.

Man sustained injuries after 15-foot fall from lift

Type of action: Personal injury

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorney for plaintiff: J. Michael Sharman, Culpeper

Case summary: While working as a contractor on a customer's farm-office, the plaintiff was on a rented hydraulic construction lift operated by one of defendant supplier's employees, when an abrupt and unexpected move of the lift threw the plaintiff off the lift and caused him to fall 15 feet onto concrete, resulting in loss of consciousness, fractured vertebrae, incomplete quadriplegia and multiple other injuries.

Air ambulance first took the plaintiff for emergency treatment and a few weeks of stabilization in the hospital. Air ambulance next flew the plaintiff to an out-of-state hospital specializing in spinal cord injuries, where he had monthslong treatment.

The rented hydraulic construction lift was built to lift materials, but the plaintiff and one of defendant supplier's employees rode on the lift in order to help move the heavy and awkward material onto the second story area where it was to be installed. The lift had no handholds and no belts to secure anyone who did ride the lift. Defendant supplier's employee was able to stay on the lift when the plaintiff fell.

Plaintiff suffered acute hypoxic event following procedure

Type of action: Medical malpractice

Name of mediator: Judge Michael C. Allen (Ret.)

Attorneys for plaintiff: W. Randolph Robins Jr. and Michael W. Lantz, Richmond

Case summary: The plaintiff contended the decedent, who had a rare but well-recognized medical condition, suffered an acute hypoxic event following emergence from anesthesia associated with a routine bladder procedure. The plaintiff contended that the anesthesia staff negligently failed to communicate with one another during a shift change regarding the patient's underlying health condition. The plaintiff also alleged that the anesthesia team responsible for extubating the patient simply did not monitor her airway after removing the endotracheal tube and transporting her to the recovery room. The patient suffered an arrest in the recovery room and never recovered. The beneficiaries were her adult parents and siblings. The defendants filed pleadings denying liability and requested mediation. The plaintiff informally provided the defendants with medical information as well as a compilation of family interviews edited by Reid Attaway at VideoWorks. The case settled at mediation.

Man injured helping coworker with broken-down vehicle

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Name of mediator: Commissioner William Dudley (Ret.)

Attorney for plaintiff: Lauren Carroll, Richmond

Case summary: The claimant was severely injured after helping a coworker restart his broken-down vehicle in the employer's parking lot a couple of hours after clocking out.

Pedestrian suffers serious injuries in hit-and-run

Type of action: Auto accident, personal injury

Court: Richmond Circuit Court

Attorneys for plaintiff: John C. Shea and Tara A. Enix, Richmond

Case summary: The plaintiff was a 21-year-old male pedestrian who was hit by a work van while walking on a pedestrian path off Walmsley Boulevard in Richmond. The defendant driver failed to stop after striking plaintiff and fled the scene. The plaintiff's cousin was with him at the time of the wreck and observed identifying details of the van. Surveillance footage from local stores caught the van and aided in identifying the driver and his employer. Additional footage placed the driver near the scene immediately following the wreck and showed damage to the van.

The defendant was charged with felony hit and run. At his criminal trial the defendant entered an Alford plea.

The plaintiff was transported to VCU Medical Center where he underwent multiple emergency surgeries. He was hospitalized for 18 days. Once discharged, the plaintiff needed significant assistance and required extensive additional medical care including but not limited to additional surgeries and dental repairs.

$2M recovery for injured roofer with catastrophic injuries

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Attorneys for plaintiff: Richard H. Talbot and Geoff McDonald, Richmond

Case summary: The claimant was paralyzed from the waist down when he fell from a roof he was working on. The claimant was working for an uninsured general contractor. The claim initially included the Uninsured Employer's Fund, or UEF. However, once it was determined that an insured general contractor contracted the roofing job to the uninsured independent contractor, the insured general contractor ultimately agreed that they would legally be liable as the claimant's statutory employer if the claimant was able to prove he suffered a compensable work accident. The general contractor and its insurance carrier alleged the claimant's injuries were the result of his failure to wear the proper safety equipment.

The defendants made an initial offer of $500,000 in a lump sum, and a $1 million medical annuity with a reversionary interest. Ultimately, the parties agreed to settle the claim for $2 million in a lump sum, with the carrier agreeing to pay the Medicaid lien. The parties agreed that the settlement proceeds would be placed into an irrevocable settlement preservation trust, with no reversionary interest.

Driver paralyzed, passenger killed after being struck by tractor-trailer

Type of action: Negligence

Attorneys for plaintiff: Matthew W. Broughton, Andrew M. Bowman and Andrew D. Finnicum, Roanoke

Case summary: A tractor-trailer struck plaintiff's vehicle from behind. The impact was so severe that it crushed plaintiff's vehicle into the stopped traffic in front of her, killed her passenger, and left the plaintiff paralyzed from the waist down.

The defendant trucking company immediately offered to split its $1 million policy between the plaintiff and her passenger's estate. Plaintiff rejected the offer and hired Gentry Locke to file suit. In response, the trucking company defendant threatened bankruptcy. Despite the defendant's alleged inability to pay, plaintiff continued to prepare for trial with a team of experienced trucking negligence and bankruptcy counsel. Weeks before trial, the defendant trucking company offered an additional $1.5 million above the available insurance coverage to settle the case.

Woman sustained spinal cord impingements after accident

Type of action: Auto accident, personal injury

Name of mediator: Judge James Marum Roush (Ret.)

Attorneys for plaintiff: Leila H. Kilgore, Fredericksburg; Francis Hajek, Charlottesville

Case summary: The crash involved a car struck in the rear by a van with very little damage to the plaintiff's Saturn. The plaintiff immediately complained of neck pain and went directly to the emergency room after the crash. Within the first two days, the plaintiff's complaints of neck pain were at an 8/9 out of 10. Three months later, an MRI showed a syrinx in the middle of her spinal cord from C5-T1. She underwent pain management treatments without any pain relief other than for a few days at a time. The plaintiff was unable to return to work due to debilitating pain.

The treating neurosurgeon opined that the syrinx was caused by the motor vehicle crash.

The plaintiff's treating doctors and experts opined that the crash either caused the syrinx or it was an aggravation of an asymptomatic pre-existing condition.

The range for expected results was between $1 million and $5 million. The case settled at mediation for $1.8 million.

Motorcyclist injured after colliding with turning truck

Type of action: Auto accident

Court: Prince William Circuit Court

Attorney for plaintiff: John D. Whittington, Manassas

Case summary: In October 2019, plaintiff was lawfully stopped on his motorcycle at an intersection in Prince William County. At the same time and place, the defendant entered the intersection on a green ball turning left without warning directly into the path of plaintiff's motorcycle. Plaintiff then struck the defendant's truck.

Child's arms, legs crushed by recreational equipment

Type of action: Product liability

Attorneys for plaintiff: Greg Webb and Lisa Brook, Charlottesville

Case summary: This was a product liability claim based on a design defect and inadequate warnings. A 20-month-old child was injured by recreational equipment used by a parent in the family home. The equipment crushed her arms and legs, requiring hospitalization and surgery. Fortunately, the child healed from her wounds and is expected to lead a life without physical limitations by her doctors.

71-year-old pinned to wall in ‘pedal error’ accident

Type of action: Auto accident, premises liability

Attorneys for plaintiff: Lawson D. Spivey III, Edward L. Weiner and Paul R. Pearson, Fairfax

Case summary: The plaintiff, a 71-year-old woman, was exiting a retail establishment in a shopping center as an 89-year-old man was driving into a handicapped parking space near the entrance of the store. The driver's foot slipped off the brake and onto the accelerator. His car accelerated forward and pinned the woman against the brick wall of the store.

The handicapped parking space had no protective devices that would have stopped or slowed the car. The defendants included the driver, the shopping center owner and the store closest to the handicapped parking space.

As a result of the impact, the plaintiff suffered severe trauma to her left leg and foot, which were pinned against the wall. She had major blood loss because of a dissection of popliteal artery in left leg, nerve damage and extensive scarring. She had no pulse in her left foot when she arrived at the emergency room. Various surgeries were required, including skin grafting. The shearing injuries left the plaintiff with a permanent limp and foot drop. Plaintiff's specials totaled $468,704.57.

Patient's pelvis, acetabulum fractured during surgery

Type of action: Medical malpractice

Name of mediator: Judge Michael C. Allen (Ret.)

Attorneys for plaintiff: Irving M. Blank and Keith B. Marcus, Richmond

Case summary: A 77-year-old went in for right hip replacement. During the procedure, the surgeon fractured the patient's acetabulum and pelvis. Intra-operative images taken during the course of the surgery determined that the misplaced cup was well into the acetabulum. Notwithstanding, the surgeon finished the procedure and the patient was sent to post-op. When the patient could not place any weight on the hip, CT scans showed the severe pelvic and acetabulum fractures. The patient had more than $550,000 in medical bills.

The patient had six major surgeries, two minor surgeries and injections in an attempt to salvage the hip. Eventually, a Girdlestone procedure was performed which left the patient with a permanent, severe limp and pain while ambulating. She is required to use a wheelchair for most ambulation.

The cases settled three months prior to a scheduled five-day trial in Fairfax County.

School bus rear-ended van, injuring passenger

Type of action: Personal injury

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Stephen M. Smith and C. Stewart Gill Jr., Hampton

Case summary: The plaintiff was a passenger in a van which was rear-ended by a school bus. The plaintiff suffered from a mild traumatic brain injury, a large, extruded disc at C5-C6 with radiculopathy, left ankle derangement and a right shoulder rotator cuff tear. The plaintiff received surgery on his C-5-C6 disc extrusion and his rotator cuff. The plaintiff had previously been diagnosed with a minor rotator cuff tear but had elected to defer surgery. This incident exacerbated his rotator cuff tear and forced him to have surgery. He also had surgery for his left ankle injury nearly three years after the crash.

Tractor-trailer stopped in middle of I-95, leading to collision

Type of action: Auto accident, personal injury

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Penn Crawford, Richmond; Joe Fried and Nathan Gaffney, Atlanta, Georgia

Case summary: The defendant's tractor-trailer sideswiped a compact car on Interstate 95 South. The compact car followed the defendant's tractor-trailer in an effort to get the truck to pull over, swerving in front of the truck on occasion. This went on for nearly three miles. Rather than exiting, the defendant truck driver brought his vehicle to a stop in the middle of I-95. Moments later the plaintiff's moving van collided with the back of the tractor-trailer.

The case settled with the tractor-trailer's carrier with the assistance of the Hon. Thomas S. Shadrick of The McCammon Group in a pre-suit mediation approximately one year after the collision. Medical Management Resources prepared a multimedia presentation. Sharon Reavis created a life care plan. Amicus Visual Solutions prepared medical illustrations and animations. After mediation, the carrier for the compact car tendered their limits for an additional $100,000.

School bus collides with stopped limo, causing injury

Type of action: Personal injury

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: John E. Zydron and Michael J. Woods, Chesapeake

Case summary: A school bus driver was in route to school to pick up children and return them home. While traveling 37 mph, according to the bus GPS, she was near the peak of the bridge approaching a limo that had come to a stop due to traffic. The bus driver was looking at a rain cloud in the sky when the bus rammed the limo with such impact that the nuts and bolts holding a captain's chair to the frame were sheared off, releasing the chair from the frame. The radio in the dash was ejected out of the dash onto the front seat. The limo driver and three passengers were all injured. The plaintiff herein was a 68-year-old female who had retired. Her neck was broken. She was transported to the emergency room where she had immediate surgery. This surgery was not successful. The plaintiff underwent a second surgery the following week with favorable results. The plaintiff was affected emotionally, psychologically and medically.

Permanent neck injury, risk of paralysis after treatment delay

Type of action: Personal injury, negligence

Attorneys for plaintiff: James "Jim" W. Haskins and Scott C. Wall, Martinsville; Anthony M. "Tony" Russell, Roanoke

Case summary: The patient was involved in a high impact motor vehicle collision and diagnosed with a closed displaced fracture of the shaft of the right clavicle and discharged home for outpatient follow-up.

The patient followed up as an outpatient with providers for ongoing problems. The patient was diagnosed with and treated for acquired torticollis secondary to the motor vehicle collision.

The patient's problems continued and worsened, after which the patient sought a second opinion at another medical institution, where the patient was immediately diagnosed with atlantoaxial rotary displacement.

Initial conservative care was attempted but due to the long period of time the atlantoaxial rotary displacement was not diagnosed and treated, the patient required a solid instrumented fusion from the base of the skull to C3.

The patient had a good outcome from the surgery but is at danger of paralysis from any neck/head injury and has some permanent limited range of motion of the neck.

The parties entered into direct settlement negotiations that led to settlement before any discovery, other than written discovery, was conducted.

Motorcyclist sustained multiple fractures after collision

Type of action: Personal injury

Court: Fauquier County Circuit Court

Attorney for plaintiff: Boris Kuperman, Fairfax

Case summary: On Sept. 28, 2020, Runion was operating a motorcycle in Fauquier County approaching the intersection of Marsh Road and Ritchie Road. As Runion reached the intersection, the defendant pulled directly into his path.

Runion collided with the rear right of the defendant's vehicle and was thrown from the seat of his motorcycle.

Runion was transported via medical helicopter and would spend the next few weeks at the hospital. He suffered fractures to his thoracic spine, pelvis, left forearm, right forearm, left lower leg, right lower leg and his right thumb. He suffered a collapsed lung, acute kidney failure, blood loss, anemia and multiple laceration/abrasion wounds. Additionally, Runion underwent five surgeries to address his multiple injuries.

Runion faced, and still faces, a long road to recovery. He would go on to experience multiple more surgeries, and over a year of nearly continuous physical therapy.

Plaintiff's counsel demanded the defendant's policy limits of $1.5 million.

A lawsuit was filed to toll the statute of limitations. The case was settled for the defendant's policy limits shortly thereafter.

Hotel allegedly failed to call timely medical assistance

Type of action: Wrongful death., premises liability

Attorneys for plaintiff: Elliott Buckner, Scott Bucci and Jeff Stedman, Richmond; Eugene Rome and Sridavi Ganesan, Los Angeles, California

Case summary: Plaintiff's decedent died at a Virginia hotel. The plaintiff alleged that the hotel staff failed to timely summon emergency medical assistance. Plaintiff's decedent had one minor beneficiary.

Plaintiff struck by box, fell into glass door

Type of action: Personal injury

Court: Hampton Circuit Court

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Stephen M. Smith, Howard P. Smith, David B. Holt, C. Stewart Gill Jr. and C. Darden Barrett Jr., Hampton

Case summary: An employee of the defendant company negligently caused a box to strike the 68-year-old plaintiff in the head. The strike from the box knocked the plaintiff's head into a glass door and caused her to fall to the floor. The plaintiff had an extensive pre-existing psychiatric history. As a result of the impacts the plaintiff incurred, she sustained a mild traumatic brain injury.

Man injured after tripping over displaced cement slab

Type of action: Personal injury

Court: U.S. District Court, Eastern District of Virginia

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Robert Stoney, Juli Porto and Matthew Tsun, Fairfax

Case summary: The plaintiff is disabled with rheumatoid arthritis. He was walking in an outdoor retail courtyard when he tripped over a displaced cement slab, striking his left elbow. His elbow fracture became infected and required elbow replacement surgery. The area had been the subject of several repairs caused by settling fill dirt. The elevation change was less than one inch. The plaintiff claimed that the courtyard violated the Virginia Uniform Statewide Building Code.

Patient's metastatic prostate cancer not timely treated

Type of action: Medical malpractice

Name of mediator: Judge Johanna Fitzpatrick (Ret.)

Attorneys for plaintiff: Wallace B. Wason Jr. and Michele Bartoli Cain, Alexandria

Case summary: After being diagnosed with prostate cancer, the patient underwent a radical prostatectomy. Following the surgery, he was followed by his surgeon for several years, then released to his primary care provider for serial monitoring.

For patients who have had their prostate removed, the PSA test results should be < .2 ng/ml. Initially, the patient's PSA was within that range. Over a period of years, the PSA rose but the patient was not informed of the rising PSA results or their significance. Eventually, the patient logged in to his patient portal and found his elevated test results. That led to his diagnosis with extensive metastatic disease.

Plaintiff alleged that the defendant breached the standard of care by failing to order enough PSA testing and by failing to properly interpret and act upon the abnormal PSA test results that were reported to the defendant.

The patient passed away at age 65, approximately five weeks after the case was resolved at mediation.

Man sustained traumatic brain injury in T-bone car crash

Type of action: Personal injury

Attorneys for plaintiff: Joseph L. Cantor, Richmond; Michael Johnson, Alexandria

Case summary: Plaintiff was T-boned by the defendant at an intersection in Loudoun County on Aug. 3, 2017. Liability was not contested, as the defendant did not have a memory of the impact itself, or the moments immediately before or after. Plaintiff lost consciousness in the crash and was later diagnosed with a mild traumatic brain injury. He treated with a neurologist for two months and participated in several months of physical and vestibular therapy. He also remained out of work for about two weeks, returned on a part-time basis for several weeks after that, and returned to work full-time thereafter.

Plaintiff continued to have problems from his brain injury over the following year, but he did not seek further treatment until July 2019, when he saw another neurologist. That neurologist ordered an MRI, which showed white matter lesions scattered throughout the frontal and parietal lobes of plaintiff's brain. Plaintiff also underwent a neuropsychological evaluation, which revealed numerous cognitive deficits that the neuropsychologist related to the brain injury he sustained in the crash.

Two killed after tractor-trailer crashed into stopped vehicles

Type of action: Wrongful death

Attorneys for plaintiff: Matthew W. Broughton, Andrew M. Bowman and Andrew D. Finnicum, Roanoke

Case summary: Plaintiff's decedent was traveling home from work when he was confronted with stopped traffic in front of him. He safely stopped his vehicle, and the vehicle behind him safely stopped as well. The defendant, a tractor-trailer driver with a history of safety violations, failed to timely react to the stopped traffic, swerved, and lost control of the truck. The defendant crashed into two vehicles, killing both occupants.

The trucking company defendant was significantly underinsured. On initial intake of the case, the available liability insurance was insufficient to cover the plaintiff's workers’ compensation lien and future offset of workers’ compensation benefits. During discovery, the plaintiff learned of a potential claim against the entity that loaded the freight onto defendant's tractor-trailer. Through careful navigation of the multiple insurance and workers’ compensation issues, the plaintiff ultimately recovered more than double the amount that was initially available to the decedent's estate.

Plaintiff injured in collision with box truck

Type of action: Personal injury

Court: Norfolk Circuit Court

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Stephen M. Smith and C. Stewart Gill Jr., Hampton

Case summary: The defendant's box truck crossed over the center lane of traffic into oncoming traffic. There was nothing the plaintiff could do to avoid the other vehicle as there was no shoulder at the location of the collision. The defendant's vehicle struck the side of the plaintiff's vehicle. The plaintiff suffered a mild traumatic brain injury and other soft tissue injuries.

Retired police officer injured in auto accident

Type of action: Auto accident

Court: Albemarle County Circuit Court

Attorney for plaintiff: Brian Glass, Fairfax

Case summary: On Feb. 22, 2020, Mr. Ward and his wife were travelling home from watching their 9-year-old grandson play in a basketball tournament when an out of state driver, unfamiliar with the area, ran a red light and smashed into the plaintiff's car.

Following an extrication from his car by the fire and rescue crew, Mr. Ward was rushed to the hospital. CT scans of his head revealed both subarachnoid and subdural hemorrhaging as well as a fractured left tympanic bone. Because of the bleeding on his brain, ER doctors discontinued the use of his blood thinners. A few days after being discharged from the hospital, he suffered a stroke which his doctors attributed to the lack of blood thinner medication.

The plaintiff was a retired University of Virginia police officer who enjoyed restoring old cars, refrigerators, and other electronics in his garage.

No offer was made by State Farm before suit was filed in September 2021. This case was settled for $1.15 million in June 2022.

Birth injury resulted in stroke, mild cerebral palsy

Type of action: Medical malpractice, birth injury

Attorneys for plaintiff: Anthony "Tony" M. Russell and James "Jay" J. O’Keeffe IV, Roanoke; Les S. Bowers, Charlottesville

Case summary: A mother was admitted to a medical institution for induction of labor of a full-term baby. This was the mother's first child. The medical institution and its providers did not properly handle the mother's Pitocin, putting the child into distress thereby leading the delivering physician to improperly use a vacuum extractor to deliver the baby, who had asynclitism. This resulted in the baby suffering a stroke and mild cerebral palsy. The child has made a tremendous recovery due to the tireless efforts of her family and subsequent providers. The plaintiff pursued a motion for judicial estoppel to prevent the defendants from taking positions differently than they had taken in a Virginia Birth Related Neurological Injury Compensation Act matter. Before the plaintiff's judicial estoppel motion could be heard and shortly before trial, the matter was settled through direct negotiations by counsel for the parties.

Child sustained brain injury after complications from tonsillectomy

Type of action: Medical malpractice

Name of mediator: Judge Larry B. Kirksey (Ret.)

Attorneys for plaintiff: T. Daniel Frith III, Lauren M. Ellerman and Thomas "Bo" Frith IV, Roanoke

Case summary: The plaintiff was a 4-year-old who underwent a tonsillectomy and adenoidectomy. The surgery was without incident and the child returned home with his family. He began experiencing stomach and throat pain approximately five days after the procedure.

Upon arrival to the emergency department, the child was pale, his blood pressure was low, his pulse elevated and he was tachycardic. Blood drawn at that time revealed significantly low Hematocrit and Hemoglobin levels indicative of dehydration and severe anemia.

The child was taken to the operating room and attended to by the defendant anesthesiologist. There was a problem with placement of the endotracheal tube as the child was not being properly ventilated. The anesthesiologist placed a second endotracheal tube and again could not ventilate the child. The oxygen level in the child's blood dropped and he became asystolic. Resuscitation efforts and chest compressions were initiated. During the resuscitative efforts, blood clotted in the endotracheal tube and in the ventilation tubing was discovered, suctioned and removed. Oxygen began to flow into the child's lungs and he regained normal sinus rhythm in his heart.

Several EEGs performed at a second hospital documented and confirmed the hypoxic/ischemic brain injury suffered during the anesthesiologist's intubation.

Stroke patient died after choking on meal in nursing facility

Type of action: Wrongful death

Name of mediator: Judge Catherine C. Hammond (Ret.)

Attorney for plaintiff: Keith B. Marcus, Richmond

Case summary: A 74-year-old male with multiple comorbidities was released from the hospital following a stroke to a nursing facility for rehabilitation. The decedent was seen by a speech therapist at the facility and recommendations were made regarding his care. In particular, the speech therapist recommended that he be sitting upright for all meals and provide distant supervision of the patient. On the day in question, the decedent was found unresponsive, lying in bed, having choked on his dinner. EMS arrived suctioning food from the patient. He was taken to the emergency room where he was pronounced dead.

The arbitrator found in favor of the estate awarding the three beneficiaries $250,000 each, lost pension and interest from the date of death for a total award in excess of $1.1 million.

The main issues were the cause of death and whether the nursing facility breached the standard of care with respect to the decedent not being positioned upright for his meal or supervised on the date of death.

Retired Army colonel, wife struck while riding motorcycle

Type of action: Personal injury

Attorneys for plaintiff: John C. Shea and Tara A. Enix, Richmond

Case summary: On Aug. 1, 2021, the plaintiffs, a retired Army colonel and his wife, were returning to Fairfax after spending the afternoon in Loudoun County. The plaintiffs were riding on their motorcycle, traveling eastbound on Lee Jackson Highway, approaching its intersection with Pleasant Valley Road. The plaintiffs were in the second straight through lane with the green light. The defendant, driving an SUV, attempted to turn right on red from Pleasant Valley onto Lee Jackson, striking the plaintiffs’ motorcycle. The plaintiffs were thrown from the motorcycle.

The plaintiff husband sustained a concussion, multiple fractures, damage to his internal organs and other serious injuries. The plaintiff wife sustained a concussion, numerous fractures, a bladder injury and other extensive injuries. The plaintiffs were in excellent health prior to the crash and made an excellent recovery. The plaintiff husband returned to work.

There were significant Tricare liens against the settlement funds. After extensive efforts, the total lien amount was negated down. The cases settled for the collective total available limits.

Woman sustains brain injury after misdiagnosis of aneurysm

Type of action: Medical malpractice

Attorneys for plaintiff: William E. Artz and Thomas M. Wochok, McLean

Case summary: The patient presented to her primary care physician with complaints of a headache, cough and right-side ear pain. She was diagnosed with acute sinusitis and discharged home.

The patient later returned to her PCP with complaints of headache for two weeks and right-sided eye and head pain. It was thought her history and physical exam were consistent with migraine. A head CT without contrast was done and no abnormalities were found.

Three days later, her husband found her unresponsive. She was transported to the medical center, where a CT scan was significant for right subdural hematoma with brain edema. She was taken to the OR by a neurosurgeon for a decompressive craniotomy and was admitted to the ICU.

She remained in the hospital with persistent headaches and then transferred to a rehab facility. At the time of her admission, she had decreased short-term memory and impaired cognitive status.

A CTA of the head was performed, which showed a large bilobed aneurysm from the right posterior communicating artery. A neurosurgeon performed a coil embolization of the ruptured right posterior communicating aneurysm.

Disoriented patient died after slipping out of hospital

Type of action: Medical malpractice

Name of mediator: Judge Diane M. Strickland (Ret.)

Attorney for plaintiff: Les S. Bowers, Charlottesville

Case summary: A man with dementia, a recent head injury, a possible stroke, and ongoing confusion and disorientation, eloped from the hospital in the middle of the night. A prolonged search was unsuccessful. He was ultimately found deceased. Breaches were alleged against the hospital that it allowed the patient to elope and it delayed reporting of the elopement to the authorities. The defense argued that the hospital took reasonable measures to prevent the elopement and such measures were within the standard of care. The defense also maintained that the hospital's response to the elopement was timely and appropriate. The case resolved confidentially prior to filing of suit.

Passenger sustained multiple leg, ankle fractures in crash

Type of action: Personal injury

Court: Carroll County Circuit Court

Attorneys for plaintiff: Charles A. Stacy, Bluefield; Clinton Kegley, Wytheville

Case summary: This was a motor vehicle accident involving multiple vehicles on Interstate 77 in Carroll County resulting in the death of a driver. Liddle was a passenger in the vehicle with the fatality and suffered multiple leg and ankle fractures.

Patient's bladder cancer undiagnosed for years

Type of action: Medical malpractice

Attorney for plaintiff: Frank Hilton, Harrisonburg

Case summary: In April 2014, the doctor saw the patient for an annual wellness exam. Urinalysis showed that the patient had 3+ blood in her urine (hematuria) but the doctor did not report the positive hematuria result to the patient or schedule the patient for any follow-up medical care or consultation.

Over the next few years, the patient was seen frequently for annual exams and with complaints of blood in urine and flank pain, treated with antibiotics. No follow-ups were scheduled to address the findings.

In December 2018 the patient complained of pain in her bladder region, passing "solid material" in her urine and blood in her urine. The doctor ordered an oncology consult.

The patient presented to the ER that same day. A chest CT revealed pulmonary nodules in the upper lobes of her lungs. She also had a scan of the pelvis that showed findings consistent with metastatic bladder cancer. Results of testing returned positive for malignancy with squamous cell carcinoma.

The patient died from complications of primary bladder cancer in October 2019.

VA radiologist missed abnormal mass, breast cancer

Type of action: Medical malpractice

Court: U.S. District Court, Eastern District of Virginia

Attorneys for plaintiff: Brewster S. Rawls and Glen H. Sturtevant, Richmond

Case summary: The medical care at issue took place at the McGuire Veterans Affairs Medical Center in Richmond. The plaintiff reported a palpable lump in her left breast to her VA medical provider in December 2019. Only a screening mammogram was ordered, however. The mammogram was read as normal by the VA radiologist. The lump grew, and the plaintiff reported the development to her VA medical provider. A diagnostic mammogram and ultrasound were performed in June 2020, which revealed an abnormal mass. High-grade invasive mammary carcinoma was subsequently diagnosed, requiring rounds of chemotherapy, radiation, and surgery, which unfortunately have not prevented metastasis of the cancer. On subsequent review, the December 2019 mammogram clearly showed the abnormal mass that had been missed by the VA radiologist, which resulted in a delay in diagnosis and treatment of the plaintiff's breast cancer, leading to the development of an advanced and sizeable tumor and increasing the risk of death to the plaintiff and requiring her to undergo more invasive treatments.

78-year-old man sustained debilitating injuries in highway crash

Type of action: Auto accident

Attorney for plaintiff: Mark T. Hurt, Abingdon

Case summary: Defendant pulled out in front of plaintiff, who was traveling on a highway, resulting in a crash that totaled both vehicles. Plaintiff, a 78-year-old man, suffered debilitating injuries. Liability was established with the help of drone footage of the scene and tracking down an independent witness to the crash. A key to the amount of the settlement was the comprehensive analysis of plaintiff's permanent injuries and future medical needs by the medical expert life care planner.