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

Awarded: $700,000

DUI Collision Resulting in a Mild Traumatic Brain Injury Settlement

On May 28, 2004 at approximately 11:30 p.m. the plaintiff traveled to her home in Leesburg, Virginia, after visiting family. The plaintiff drove south on King Street and stopped at the intersection of King and Market Street for a red light. When the light turned green, she proceeded through the intersection and was struck by the defendant on the driver’s side of her car. The defendant ran a red light. The plaintiff’s vehicle spun around and stopped, facing north in the southbound lane of King Street. The right side of the plaintiff’s head hit and shattered the driver’s side window. The defendant was charged with DWI and had a blood alcohol level of 0.14, although proof of intoxication was limited because the defendant never complied with deposition subpoenas.

The defendant accepted liability but rejected the amount of damages, arguing that the plaintiff had an anxiety problem prior to the accident.

The plaintiff suffered from lacerations on her scalp; a mild traumatic brain injury; dizziness; upper back and neck pain, as well as pain in her left shoulder and left wrist; pain in her neck and head and weakness in left wrist. She suffers from headaches and pressure sensation on the top and back of her head. She was diagnosed with post concussion syndrome and mild-marked cognitive deficits. She also suffers from anxiety, memory loss, difficulty concentrating and focusing and problems with organizational skills. She treated with a neurologist and neuropsychologist. Her medical bills totaled $36,734.70. Her case settled for $125,000.00.

Type of action:         Car Crash
Injuries alleged:        Mild Traumatic brain injury, neck
                                and back injury
Special damages:      $36,734.70 in medical bills
Verdict/settlement: Settlement
Amount:                   $125,000.00
Insurance Carrier:      USAA
Plaintiff’s experts:     Jon Peters, M.D., William Ling,
                                 Ph.D
Plaintiff attorneys:    Barbara S. Williams and Cory Ford,
                                 Leesburg
Venue:                       Loudoun County Circuit Court

Awarded: $125,000

Shoulder Injury from Car Crash in Loudoun County

During the afternoon of June 3, 2005 the plaintiff was traveling through a parking lot near Ridgetop Circle in Loudoun County, near Sterling, Virginia. The plaintiff slowed to a stop at an uncontrolled four-way intersection within the parking lot. She then proceeded into the intersection, where she was hit broadside by the Defendant on the rear passenger quarter-panel of her vehicle. Plaintiff’s car spun around and finally came to rest almost facing the direction of travel that she had been coming from, or nearly 180 degrees. During the impact her left shoulder had collided with her door and her head had been jarred. Upon arrival the police did not charge the defendant driver with any violations, but the report did note that the responding officer believed the defendant to have been exceeding the maximum safe speed.

The defendant’s insurance company did not accept liability and rejected the amount of damages, arguing that the plaintiff had pre-existing shoulder problems prior to the accident and was contributorily negligent with regard to fault for the crash.

The plaintiff began having neck and back pain, as well as pain in her left thigh a few hours following the crash and went to her primary doctor for an examination. Her doctor diagnosed her with cervical spine strain and ordered an MRI. She also prescribed Percocet, Norflex and Voltaren for pain. On June 6, 2005, plaintiff went back to her primary care physician for neck pain that continued since the crash, as well as a severe headache. After approximately 6 months of trying to control her left shoulder pain with conservative treatment, plaintiff was diagnosed with nerve impingement in her left shoulder, for which she received diagnostic arthroscopy and subacromial decompression surgery by Dr. Dean Bennett at Commonwealth Orthopaedics and Rehabilitation, P.C. Although a lawsuit was filed, ultimately the case settled for $50,000 without the need for mediation.

Type of action:         Car Crash
Injuries alleged:        Neck and back strain, subacromial
                                decompression surgery on left
                                shoulder
Special damages:      $27,110.13 in medical bills
Verdict/settlement:  Settlement
Amount:                   $50,000.00
Insurance Carrier:     Nationwide
Plaintiff’s expert:      Dr. Dean Bennett, M.D.
Plaintiff attorneys:   Barbara S. Williams and Cory Ford,
                                Leesburg
Venue:                     Loudoun County Circuit Court

Awarded: $50,000

Automobile Crash in Frederick County, Virginia

The defendant was traveling north on Route 127 in Frederick County, Virginia when he crossed into the plaintiff's lane and crashed into the front of Plaintiff’s vehicle. The defendant’s car burst into flames. Unfortunately, the defendant passed away by the time emergency personnel arrived on the scene.

The defendant's insurer accepted liability and offered their policy limits of $100,000. The plaintiff's Underinsured Motorist (UIM) carrier argued that it was unknown whether the defendant had passed away prior to veering into the plaintiff's lane, and thus the defendant may not have been negligent. However, the coroner listed blunt force trauma to head and chest as the cause of death on the defendant's death certificate.

Both the plaintiff and the defendant had West Virginia automobile insurance policies. The plaintiff had $300,000 in UIM under his own policy, which stacked with the defendant’s liability policy for a total coverage of $400,000. The plaintiff’s UIM carrier initially stated that the plaintiff had rejected UIM coverage, which is optional in West Virginia but must be offered and expressly rejected by the insured. The UIM carrier was unable to furnish the necessary documentation showing that the plaintiff had rejected UIM insurance, and thus extended UIM coverage to the plaintiff. According to West Virginia statute, once a UIM carrier has been informed of a liability carrier’s decision to tender policy limits, the UIM carrier has to make one of two elections within 60 days of that notification: either waive subrogation, or else tender the amount of liability coverage themselves and retain the right to subrogation. The plaintiff’s UIM carrier ultimately elected to waive subrogation.

The plaintiff was transferred from Winchester Medical Center to U.Va.'s trauma unit on the day of the crash. He suffered from a badly fractured leg; an angulated tibia-fibula fracture; displaced mid shaft fracture of the right femur; multiple abrasions on the forehead; several lacerations on the chin; and left 6th, 7th, and 8th rib fractures. The plaintiff underwent surgery for application of a spanning external fixator to the right ankle, retrograde nailing of the right femoral shaft fracture, and irrigation and debridement of his skin, fascia, muscle, and bone of the open fracture of the right femur. He underwent physical therapy after being released from U.Va. Medical Center. His medical bills totaled $150,036.46. His case settled for $385,000.

Type of action:        Car Crash
Injuries alleged:       Angulated tibia-fibula fracture, displaced
                               mid shaft fracture of the right femur,
                               rib fractures
Name of case:          Confidential
Special damages:     $150,036.46 in medical bills and $9,433 in
                               lost wages
Verdict/settlement: Settlement
Amount:                  $385,000 total settlement; $100,000 from
                                liability carrier and $285,000 from UIM
                                carrier (West Virginia policy)
Plaintiff attorneys:   Barbara S. Williams and Cory Ford,
                                Leesburg
Venue:                      Frederick County, Virginia

Awarded: $385,000

Vehicle Crushed by Logs in Fairfax County Tractor-Trailer Crash

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

Broken Neck and Back from Car Crash in Rockingham County

On August 27, 2004, the plaintiff was a front seat passenger in a 1976 Toyota Land cruiser driven by his friend. They were traveling southbound on Interstate 81 in Rockingham County. They were in the left lane of the road. The defendant was also traveling southbound on Interstate 81 in the right lane, behind the vehicle the plaintiff was in. Witnesses saw the defendant weaving in and out of traffic and coming up fast on traffic for miles prior to the crash. As the defendant approached slowed traffic in his lane, he attempted to dart out into the left lane and in doing so, violently struck the vehicle the plaintiff was in. The impact forced the Land cruiser into the median, causing it to roll over. The plaintiff was thrown from the vehicle. A Virginia State Police trooper arrived on the scene and charged the defendant with Reckless Driving.

The defendant accepted liability.

The plaintiff broke his neck and back in six different places, had a lacerated spleen, a laceration on the top of his head and abrasions all over his body. He also suffered with headaches and back pain. He treated with an orthopaedic doctor and went through extensive physical therapy. His medical bills totaled $59,371.82. His case settled for $165,000.00.

Type of action:        Car Crash
Injuries alleged:       Broke neck and back in six places,
                               lacerated spleen, laceration on head,
                               abrasions all over body and back pain
                               and headaches
Special damages:     $59,371.82 in medical bills
Verdict/settlement: Settlement
Amount:                  $165,000.00
Insurance Carrier:     State Farm
Plaintiff's expert:      Vincent Arlet, M.D.
Plaintiff attorneys:   Barbara S. Williams and Cory Ford,
                                Leesburg
Venue:                      Rockingham County Circuit Court

Awarded: $165,000

Right Hip Labral Tear from Car Crash in Loudoun County

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

Clavicle Fracture from Loudoun County Automobile Crash

Plaintiff was a 43 year old back seat passenger in a cab traveling westbound on Farmwell Road approaching the intersection of Ashburn Village Boulevard in Ashburn, Virginia. The defendant was traveling northbound on Ashburn Village Boulevard. As the cab driver proceeded through the intersection of Ashburn Village Boulevard, the defendant failed to stop at a red light and sped into the intersection. The defendant struck the cab on the passenger side, which caused the cab to spin out of control and strike the median. A witness told police that the defendant tried to hide a case of beer behind a tree after the crash. A Virginia State Police Trooper charged the defendant with reckless driving.

The plaintiff complained of chest, right arm and shoulder pain and difficulty breathing after the crash was transported by ambulance to Loudoun Hospital Center. A CT scan of the plaintiff’s chest, abdomen and pelvis showed a fracture of his right clavicle and a fracture of his inferior sternum. At a follow up with his family physician, the plaintiff reported feeling anxious and having trouble sleeping since the crash. Approximately one month after the crash the plaintiff continued to have pain in his clavicle and underwent an open reduction, internal fixation surgery. Due to tingling and numbness in his right arm, the plaintiff had nerve conduction studies which showed evidence of right carpal tunnel syndrome with ulnar neuropathy. The plaintiff underwent a second open reduction, internal fixation surgery six months later for a clavicle nonunion with hardware failure. After two months of physical therapy plaintiff reported no pain in his right shoulder and the nonunion finally mended.

Prior to the crash, the plaintiff was an athletic 43 year old man who trained and competed in triathlons.

Type of action:         Car Crash
Injuries alleged:        Right clavicle fracture, fracture of inferior
                                sternum
Name of case:           Confidential
Special damages:      $64,602.26 in medical bills and $4,417.48
                                in lost wages
Verdict/settlement:  Settlement
Amount:                   $312,500 total settlement: $25,000 from
                                 liability carrier and $287,500 from UIM
                                 carrier
Insurance Carriers:    Allstate for the defendant and Progressive
                                 as the Underinsured carrier for the cab
                                 company
Plaintiff attorneys:    Barbara S. Williams and Cory Ford,
                                 Leesburg
Venue:                      Loudoun County Circuit Court

Awarded: $312,500

Settlement in Culpeper, Virginia Car Crash That Caused Wrist Fracture

Plaintiff was a 20 year old traveling southbound on Route 29 in Culpeper, Virginia. The defendant stopped at a stop sign on Route 633 preparing to cross Route 29. A truck traveling in front of the plaintiff slowed to make a right turn onto Route 633. The plaintiff attempted to avoid the crash by moving into the left hand lane but the defendant crashed into the front passenger side of her vehicle. Upon impact both airbags deployed in the plaintiff’s vehicle. Police found the defendant guilty of failure to yield the right of way.
Injuries

The plaintiff experienced immediate right arm and wrist pain and was transported by ambulance to Culpeper Hospital. X-rays revealed a possible navicular wrist fracture. Due to the poor imaging studies the plaintiff was told to follow up with an orthopedic surgeon for further evaluation. The plaintiff followed up with a hand specialist five days after the crash. A CT-scan revealed a right wrist displaced scaphoid fracture. The plaintiff underwent surgery repair the wrist fracture which involved placing an 18 mm compression screw across the fracture. Four months following the surgery, the plaintiff had mild wrist extension loss. The plaintiff’s doctor advised her that she should not require further surgical intervention but she may have a few degrees of extension loss in her wrist.

The plaintiff was a college student at the University of Virginia at the time of the crash. She is right hand dominant and had to request assistance from her professors for academic accommodations for her disability. The plaintiff has a slight surgical scar.

Type of action:        Car Crash
Injuries alleged:       Right displaced scaphoid fracture
Name of case:          Confidential
Special damages:     $10,602.35 in medical bills
Verdict/settlement: Settlement
Amount:                  $41,250 total settlement: $25,000
                                from liability carrier and $16,250
                                from UIM carrier
Insurance Carriers:   GMAC for the defendant and State
                                Farm as the Underinsured carrier
Plaintiff attorneys:   Barbara S. Williams and Cory Ford,
                                Leesburg
Venue:                     Stafford County Circuit Court

Awarded: $41,250

T-Bone Car Crash in Loudoun County

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

Settlement in Accomack County, Virginia Motorcycle Crash

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

Settlement for Pedestrian Struck by Car in Culpeper, Virginia

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

Medical Malpractice

Winchester Medical Malpractice Jury Verdict

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

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.

Awarded: $922,854.56

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

Awarded: $120,000

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.

Quick contact

Barbara S. Williams, P.C.
101 Loudoun Street SW
Leesburg, VA 20175
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