Case Results

Below are representative settlements and verdicts pursued and won by Barbara S. Williams, P.C..

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Car Accident Injuries

Medical Malpractice

General

Car Accident Injuries

Tractor Trailer Collision Settlement

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. Amer Saba, plastic surgeon

Plaintiff attorneys:     Barbara S. Williams and Armand B. Alacbay, Leesburg; Cory R. Ford, Reston

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Medical Malpractice

Medical Malpractice Verdict

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.

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General

Slip and Fall Settlement

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

 

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Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

©2008 Barbara S. Williams, P.C., All Rights Reserved, Reproduced with Permission
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