Here at The Law Firm of Carlton F. Bennett, P.L.L.C., we are proud of the work we do for our clients in Hampton Roads, Virginia. Now, you can read about some of the jury verdicts and settlements we have obtained in our cases that involve personal injury, traumatic brain injury, trucking accidents, wrongful death, medical malpractice, and nursing home malpractice. Please take a few minutes and familiarize yourself with some of our work. Then contact us for a free consultation at 757-486-5454.
Please note: The news and media items provided by The Law Firm of Carlton F. Bennett, P.L.L.C., on this website are intended for informational purposes only, are general in nature, and may not reflect current legal developments or the current state of the law. The outcome of any particular case depends upon its own unique facts and circumstances, and can not be based entirely upon a lawyer’s or law firm’s past results in other cases.
Wrongful Death-$550,000.00 (2023)
Doe, was admitted to Woe Assisted Care Center in March, 2018 for rehabilitation following above the knee bi-lateral amputations. Doe, age 60, had multiple co-morbidities including chronic kidney disease, cardiac valve replacement and diabetes. She was progressing with rehab with her prosthetic legs.
Doe had been placed on anti-coagulant therapy (Coumadin). For her safety, her Coumadin had to be monitored and her labs were frequently collected, and her INR and PT levels assessed, and the Coumadin dosage adjusted to prevent elevation of the INR and PT beyond a safe therapeutic range.
On November 7, 2018, pursuant to the routine assessment of these levels, blood was drawn and submitted to the lab by Woe’s staff for analysis. The routine is that the lab would notify Woe’s staff of the levels, and the staff would then notify the Coumadin Clinic, and then receive orders as appropriate for changing the Coumadin dosage. On November 8, 2018, a nurse at the facility was notified by the lab that Doe had an INR value greater than 9 and a PT value greater than 83, which are critical values requiring immediate attention and adjustment of her Coumadin dosage. However, the night nurse who took the call failed to record the lab results in Doe’s chart and failed to report it to any of the other staff of Woe and failed to document it in any manner. Woe continued to administer Coumadin on November 8, 9 and 10. On the morning of November 11, 2018, Doe appeared ill, lethargic and her speech was slurred, and she was sent to the emergency room, but became unresponsive in the ambulance and was pronounced dead shortly after her arrival at the hospital.
Nursing Home Malpractice Settlement-$315,000.00 (2023)
Doe, age 64, was admitted to Woe Nursing Home in 2016 with a seizure disorder and prior stroke and was assessed as being cognitively impaired. Doe required extensive assistance for her activities of daily living with one to two staff member assistants due to her stroke and left-sided paralysis. She required extensive assistance with her bathing. She suffered seizures while in the nursing home.
On February 4, 2022, she was placed in a shower chair, rolled to the shower room, and left alone by the nursing home staff. She was later found on the shower floor next to her shower chair and apparently was reaching for soap that had fallen on the floor when she fell out of the chair and onto her left hip. She suffered a fracture to her left upper femur and had to be hospitalized for 10 days. Her injury was deemed inoperable at the hospital.
Medical Malpractice Settlement-$275,000.00 (2023)
Doe presented to Woe’s healthcare facility in September 2021 for a laser therapy collagen treatment procedure, which was described as something that would be helpful to her in reducing collagen in her flank areas and stomach. A wand or probe was used during the procedure and Doe complained to Woe’s employee that she felt that the wand or probe was burning her stomach area. Woe’s employee responded that she would have some discomfort and continued to use the wand on Doe. Another employee then took over the treatment for approximately an additional six or seven minutes. During this time, Doe again complained that she felt a burning pain and that it felt like her skin was being burned, but the employee continued the procedure until the machine stopped, as it had a timer. Doe noticed that the skin over her stomach was melted, burned and it was painful. An employee stated to Doe “Oh my God, we must have left the probe up there too long.” As a result, Doe’s stomach area was severely burned and she has permanent disfigurement in her stomach area which will require plastic surgery for revision. The parties settled the case on a confidential basis for $275,000.00.
Wrongful Death-$325,000.00 (2022)
Doe, age 93, suffered from dementia and was a resident of Woe Assistant Care Center. Doe required extensive assistance for transfers to and from her recliner chair. Two staff aides would routinely raise her recliner chair to a standing position and then transfer her to a wheelchair to be taken to the bathroom for toileting. Two aides responded to Doe’s call for assistance to go to the bathroom, used the recliner to raise her to a standing position and assisted her to her wheelchair and to the bathroom. The aide’s then brought her back to her chair, but left her in a standing position in front of her chair and provided no assistance to get her back in her chair. Doe fell, suffering a severe fracture to her left leg and underwent surgery her injuries requiring plating and screws and returned to Woe Assistant Care Center bedridden and completely immobile. Doe developed pressure wounds and her condition continued to deteriorate and Doe had to be transferred to hospice where she died 4 months after her fall.
Medical Malpractice-$500,000.00 (2022)
Doe had suffered a spinal cord injury and was wheelchair bound. She was admitted to Woe’s healthcare facility for physical therapy and during a physical therapy session the therapist attempted to have her stand in parallel bars and Doe slid forward from her wheelchair and onto the floor, fracturing both ankles. The physical therapist should have had assistance in this activity to prevent Doe from falling.
Auto Accident-$425,000.00 (2022)
Jon October 25, 2016, Ms. Lunde was operating her motor vehicle on Godwin Boulevard in Suffolk, Virginia when defendant struck her vehicle from the rear, resulting in significant property damage. Plaintiff was dazed at the scene, treated at the emergency room and released. There were no serious orthopedic injuries.
Hospital medical malpractice-$650,000.00 (2022)
Jane Doe, age 78, was a resident at an assisted living facility (ALF), when she was admitted to Woe Hospital for pneumonia. The plan of care for her was to return to the ALF after a short admission. During the first 3 days of admission to Woe she lost her ability to communicate, was in a very weakened state, and could not turn and reposition herself in her bed or get out of bed. On the morning of the third day of admission, the morning nurse did her assessment and found her in bed with stage II pressure wounds on her buttocks. The nurse requested a wound care consultation but this did not take place for 6 days. The nursing staff failed to turn and reposition her every 2 hours even though she remained weak and at “max assist” with no bed mobility and no ability to reposition herself without assistance from the staff. Her pressure wounds deteriorated and when discharged from Woe, 15 days after admission, her ALF assessed her and found her wounds made it impossible for her to return to the ALF. She had to be admitted to a skilled nursing facility for extensive rehabilitation and wound care for 5 months. Doe underwent multiple surgical wound debridements for her pressure wounds. Her wounds stabilized but never completely healed. Her condition remained weakened and she was never able to walk again and could only sit in a wheelchair a few hours a day because of her wounds. Plaintiff’s expert opined that the pressure wounds were a significant cause of death.
Motorcycle accident-$245,000.00 (2022)
Plaintiff was lawfully operating his motorcycle when the 94 year old defendant who was operating her vehicle in the opposite direction suddenly turned left without warning and blocked his path. Plaintiff had no time to avoid her vehicle and violently collided with it and as a result he was thrown over her vehicle and onto the pavement, suffering fractures of his tibia and fibula. Following surgery he made a complete recovery. Defendant’s son told the investigating police officer that his mother had dementia and did not know where she was when the collision occurred.
Assisted living facility negligence-$439,803.75 (2021 Jury Verdict)
Ms. Condon, age 86, suffered from advanced dementia, was chair bound, unsteady of balance and had no safety awareness. Her admitting physician described in his physician assessment prior to admission to defendant’s memory care center that she was “not able to recognize danger.” She suffered five falls prior to the fatal fall of April 22, 2019. Before the fatal fall, she had been repeatedly assessed by the unit manager as being a very high fall risk. Ms. Condon’s children described that she had very poor comprehension and no short term memory.
On April 22, 2019 an aide took Ms. Condon to the toilet in her bathroom, assisted her up from her wheelchair and onto the toilet, which had a raised toilet seat, and then left her unattended. The aide closed the door and was in the adjacent room but could not hear Ms. Condon when she finished toileting, nor could she see Ms. Condon when she finished. Ms. Condon got up unassisted from the toilet and fell, suffering severe and life-threatening injuries including five fractured ribs, a sixth rib that angulated into her right lung and a hematoma to the back of her head. She died four days later in the hospital of severe hypoxia and respiratory distress.
Plaintiff’s experts testified that it was a breach of the standard of care to leave Ms. Condon on the raised toilet seat unattended and out of the sight and hearing of the aide. The aide testified that she was not made aware of the five prior falls and no one had told her that Ms. Condon had been assessed as a very high fall risk. Further, Ms. Condon’s daughters had repeatedly told the staff, including the unit manager, that their mother must have a staff member with her at all times during her toileting for her safety and protection. The defense structured their entire case around Ms. Condon’s right to privacy while she went to the toilet. Both of plaintiff’s experts, however, testified that the resident’s safety was paramount over any privacy issue.
Judge James Lewis presided over the jury trial, which lasted four days.
Dog Bite-$302,000.00 (2021)
Doe was walking down a city sidewalk when she was suddenly attacked by an 85-pound pit bull owned by Moe. The dog knocked her to the ground and mauled her, resulting in severe injuries to her leg, ear and arm. She was hospitalized and underwent multiple surgeries. The parties settled for Moe’s homeowner’s policy limits prior to filing suit for $302,000.
Auto Accident-$600,000.00 (2021)
Plaintiff’s pickup truck was stopped on I-264 West. Two cars were stopped behind him when defendant drove his work van into the second car stopped behind plaintiff at 40 mph, causing a chain reaction. Plaintiff’s truck suffered minor damages and his repair bill was $3,586.59. Plaintiff did not complain of injury at the scene and was diagnosed two days later at the emergency room with a neck strain. The defendant disputed the plaintiff’s claim of loss of earning capacity and his claim of a traumatic brain injury.
Medical Malpractice-$250,000.00 (2021)
Jane Doe, age 77, presented to the hospital for an outpatient procedure, but ended up having to be admitted overnight to the hospital to complete the procedure the next day. Following the attempted procedure, the hospital transfer technician, while transferring Ms. Doe on a rolling stretcher to her room, did not appreciate that her left foot was protruding off of the left side of the stretcher. As he was rolling her down the hospital hallway, the transfer technician rolling the stretcher suddenly moved the stretcher to the left side of the hall against the wall to make room for staff moving another patient through the hallway. Ms. Doe’s foot forcefully hit the wall. Ms. Doe suffered a spiral type fracture of the distal tibia and a comminuted transverse fracture of the fibula. An orthopedic surgeon was consulted but determined he could not perform surgery and she remained in a splint and was prepared for discharge. She went for a short period for rehabilitation at a nursing home and after receiving physical therapy was not able to bear weight on her left leg. Ms. Doe had a prior stroke with resulting left-sided weakness. Ms. Doe passed away from unrelated causes on Dec. 16, 2020. The parties settled this case on a confidential basis for $250,000 on June 17, 2021.
Auto Accident $675,000.00 (2021)
This was a motor vehicle accident case, where the plaintiff, age 37, was a passenger in a vehicle that had stopped for traffic backed up at a red traffic signal. A large commercial-type vehicle struck plaintiff’s vehicle in the rear, resulting in substantial damage. The defendant driver admitted that she was not paying attention just prior to the collision. Plaintiff was dazed at the scene and was transported to the emergency room where she complained of neck pain but was not diagnosed with a concussion. Plaintiff was later diagnosed with a mild traumatic brain injury. Plaintiff’s medical specials totaled $46,138.84 with no loss of earnings. The parties settled the case on a confidential basis at mediation in the amount of $675,000.
Tractor Trailer Truck Accident-$250,000.00 (2021)
On January 21, 2019 the plaintiff had a tire blowout and safely moved her vehicle to the shoulder of I-64 west. The defendant was operating a tractor trailer truck westbound, lost control of his tractor and struck plaintiff’s vehicle. Plaintiff suffered right wrist fractures and required surgery using a locking plate and ten screws to secure the fracture fragments. Plaintiff fully recovered from her injury and was able to return to her position as a realtor. There were no loss of earnings or lessening of earning capacity.
Healthcare Malpractice-$275,000.00 (2020)
John Doe was admitted for palliative care to the long term care unit of Woe healthcare facility. Doe suffered from dementia, convulsions and high blood pressure and had recurring urinary tract infections. Woe’s physician’s assistant ordered an antibiotic that was ineffective, and Doe’s bacteria organism was resistant to the prescribed antibiotic.
The nursing staff contended that either a physician’s assistant or one of Doe’s physicians was notified of the resistance. However, a new prescription was not timely provided to Doe; he died a month after his urinary tract infection was first diagnosed.
Parties settled before trial on a confidential basis for $275,000.
Medical Malpractice-$175,000.00 (2020)
Doe suffered from peripheral vascular disease in his lower extremities as a result of his diabetic condition. Doe underwent a successful partial leg amputation in 2018. Doe was discharged to a nursing home for rehabilitation and while a resident he was sent out to Woe hospital for a potential gastrointestinal bleed. During his five-day stay at the hospital, his stump surgical area was not assessed and his dressing was not changed by the nurses. Doe’s stump surgical incision became infected with gangrenous necrotic tissue. His stump later had to be revised.
The parties settled prior to trial for $175,000
Medical Malpractice-$542,000.00 (2020)
The Law Firm of Carlton F. Bennett, PLLC and The Rawls Law Group recently concluded a $542,000 settlement in a case involving a patient who suffered a permanent bladder injury due to nursing negligence. The plaintiff was an otherwise healthy 72-year-old man who had a total knee replacement. Before the surgery he was on no medications and very active.
The surgery itself was uneventful. The patient had last urinated about two hours before the procedure. Following surgery, there was no urine output in the PACU, which was not necessarily alarming because a spinal anesthetic had been used. He was discharged from the PACU and sent to the floor. Unfortunately, no one checked his urine output until well past midnight, about 14 hours after the patient had last urinated.
The nurses drained 3000 ml of urine from the patient’s bladder – more than three quarts. The bladder typically holds one sixth of that amount, about 500 ml, when full. The bladder is a muscle and, therefore, elastic. It squeezes to expel urine. Unfortunately, the huge amount of retained urine stretched the bladder too far. It lost its elasticity.
The patient never regained his bladder function and now must self-catheterize four times a day for the rest of his life. The impact of this permanent injury is, of course, far-reaching, including with regard to his relations with his wife of many years.
The defense was that the patient had an abnormally large bladder for many years and, therefore, he was probably going to lose urinary function regardless. He likely did have a large bladder beforehand, but there was also no dispute that he had no bladder or urinary problems prior to the retained urine injury.
Assisted Care Negligence-$250,000.00 (2020)
Elderly resident of an assisted living facility suffered from severe dementia and had to be redirected by the staff. She suffered several severe falls with injuries. Plaintiff alleged that no fall risk assessments were timely done. She died about a month after her injuries. The parties settled on a confidential basis for $250,000.00.
$425,000 Wrongful Death-Medical Transport (2020)
Doe was being transported to her regular dialysis appointment when she was dropped, fracturing her left knee and left hip. At that time, she was recovering from a previous fracture of the same hip. She underwent emergency knee surgery, but the surgeons were unable to operate on her re-fractured hip. As a result of her injuries, she died.
Nursing Home Malpractice-Confidential (2020)
Roe was admitted for rehab following a stroke. She had limited bed mobility and was incontinent. A nursing aide was bathing her in her bed and changing her brief and positioned her onto the edge of the bed. The aide discovered she did not have a clean brief and went in search for one, leaving Roe on the edge of the bed. Roe tumbled out of bed, breaking multiple ribs, her clavicle and elbow. Roe suffered considerable pain and loss of use of her elbow. Parties settled for a substantial amount prior to trial.
$300,000 Nursing Home Malpractice (2020)
Moe was admitted for rehab following a lung surgery and was expected to make a full recovery. Moe’s condition unexpectedly deteriorated and the nursing home negligently delayed getting her to the emergency room for several days even though her condition was life threatening. By the time the nursing home had Moe transported to the emergency room she was septic and not salvageable. Plaintiff’s experts would have testified that if the nursing home had acted the day before she would have been salvageable with a surgery.
Jane Doe was admitted to Roe Nursing Home with severe dementia and was confined to the dementia lock-down unit. She would wander about the facility aimlessly. Doe was a full assist patient who depended on Roe’s nursing staff for all of her activities of daily living.
On or about July 27, 2018 a certified nursing assistant attending to Doe tied her up to a chair restraining her and allegedly placed plastic tape over her mouth so she could not cry out. Doe did not have any resulting medical treatment and no medical bills. Parties settled the case for $100,000.00 following the filing of the Complaint.
$375,000 Nursing Home Malpractice Settlement Confidential (2019)
John Doe, was admitted to Woe Nursing Home for rehabilitation after placement of a pacemaker. At the time of admission, Doe had numerous pre-existing conditions including, but not limited to: sick sinus syndrome; iron deficiency and anemia; coronary artery disease; below-the-knee amputation; peripheral vascular disease; chronic obstructive pulmonary disease; obstructive sleep apnea; morbid obesity; and diabetes. At the time of his admission to Woe Nursing Home, Doe had no pressure ulcers or skin breakdown of any kind. After approximately three weeks at Woe, Doe was transferred to Hospital due to elevations in his blood pressure and respiratory difficulties. Upon admission to Hospital, it was noted that Doe had a stage two pressure injury of the sacrum. Approximately a week and a half after Doe’s admission to Hospital, he was discharged back to the care of Woe Nursing Home. Upon readmission to Woe, a proper skin assessment was not performed. By the next day John Doe’s sacral wound had progressed to a stage three pressure injury. Later that same day, John Doe’s stage three pressure injury was deemed unstageable and it was noted that he had developed a stage two pressure injury on his amputated stump. The medical chart from both Hospital and Nursing Home demonstrated inadequate turning and repositioning of Doe as a means of limiting the growth of the pressure injuries. Family members confirmed that the staff failed to turn and reposition Doe. Plaintiff’s experts opined that both Nursing Home and Hospital failed to implement proper care procedures to address Doe’s pressure injuries and that, as a result, Doe developed sepsis which was a substantial cause of his death.
$210,000 – Settlement – Motor Vehicle Accident
Daniels v. Sandridge, Isle of Wight Circuit Court (2019)
Plaintiff was hit by a car running a stop sign. Plaintiff was taken to the hospital for back and neck pain, and later developed shoulder pain requiring rotator cuff surgery.
$135,000.00 Assisted Care Negligence Settlement
Client was a resident at an Assisted Living Facility. She suffered from severe dementia. She was a known risk for elopement as she was known to wander the facility. The front door was left unlocked and the staff did not realize she had left the facility for several hours until a good Samaritan saw her next to the roadway and had her transported to the hospital. She was admitted with hypothermia and spent two days recovering. The hospital bill was in the amount of $11,464.00. She made a complete recovery. The parties settled prior to filing suit for $135,000.00.
$375,000.00 Nursing Home Malpractice Settlement
Doe was a resident at Woe Nursing Home and was bed bound. She had a prior pressure sore, which had healed, but placed her at high risk for further skin breakdown. Doe was assessed five months later with a small pressure sore in the same sacral area, and the wound was only the size of a pinpoint. The nursing home neglected this new pressure sore and it deteriorated over the course of less than a month to become a Stage IV and became infected. Doe underwent multiple debridement’s. Doe’s physician ordered several treatments for wound care which were ignored and never done by the nursing facility. As a result she died. Parties settled prior to trial for $375,000.00.
$450,000.00 Settlement-Nursing Home Malpractice
Plaintiff had uncontrolled diabetes and underwent an amputation of his right leg, above the knee. The surgery was successful and he was discharged from the hospital to a nursing home. The family visited often and found feces and urine in his bed, diaper and in his stump wound bandage. By the 9th day of admission he had drainage from the stump incision, it was warm to touch, and the drainage was yellow-greenish. These are symptoms of an early infection. The nursing home did nothing except clean up the wound and reapply a dressing. By the 12th day of the admission Plaintiff’s daughter visited and felt that he smelled septic and he had frank puss draining from his wound, a yellowish color. The nursing home tried to prevent her from sending him out to the emergency room, but she called the ambulance anyway and the EMT’s took him over to the hospital where he was diagnosed with a complicated wound infection in his stump, had six weeks of antibiotic therapy and two surgical procedures to debride and revise his stump, losing an additional four inches of femoral bone. As a result he gained weight, became weak, and was unable to be successfully fitted for a prosthetic leg. The nursing home settled the case two months prior to trial as a result of mediation.
$1,200,000.00 Dollar Settlement – Obstetrical Medical Malpractice
The plaintiff mother gave birth to a young girl with shoulder dystocia. Plaintiff mother claims that she requested a C-section delivery but the hospital claimed that she had progressed to far and that a vaginal delivery was safe. Plaintiff mother had a prior C-section birth due to complications and hospital should have known that a vaginal delivery presented risks that could have been avoided by C-section delivery. During vaginal delivery, doctors placed excessive pressure on the baby’s shoulder and the child sustained a brachial plexus injury and resulting Erb’s Palsy. Plaintiff girl had severely limited use and development of her right arm as a result of hospital’s failures.
$450,000.00-Settlement – Nursing Home Negligence
Jane Doe was a patient at a nursing home, rehabbing from a stroke. She had an underlying condition that required a tracheostomy and a had a permanent trach. Doe was alert and summonsed help because she was having difficulty breathing. Help was delayed approximately 3 minutes. The responding LPN removed the inner cannula of the trach, which had an obstructing mucus plug, but instead of cleaning out the mucus plug, he set it aside and tried emergency rescue breathing through an ambu bag. However, the ambu bag connection would not seal with the trach because of the missing inner cannula. An EMT arrived and cleared the inner cannula of the obstruction and transported Doe to the ER. She was without an airway for about 9 minutes. Doe suffered anoxic brain damage and died about 6 weeks later.
$246,500.00-Settlement-Personal Injury-Automobile Accident
Tryphonas v. Hardison (2018)
Plaintiff driver was hit from the rear with minimal property damage. She suffered injuries to her back and a concussion. Plaintiff did office work and had resulting problems with executive functioning and short term memory. Plaintiff had prior similar problems but no PTSD. Defense expert denied she suffered a concussion but plaintiff’s experts and one of the defense experts agreed that plaintiff had suffered resulting PTSD.
$420,000.00-Settlement-Assisted Living Facility Negligence
92 year old resident of an assisted living facility, with increasing dementia and failing physically, was left alone for about 30 minutes in a TV sitting area. While alone and without supervision, she got up from her wheelchair and wandered down a hallway, tripping over a medical supplies cart and fracturing her neck. She died 5 months later.
Nursing Home Malpractice-Confidential-2017
Doe was admitted to Woe nursing home following a stroke. He was at high risk for skin breakdown. He was a max assist patient and completely dependent on the direct care of staff (CNA’s) for repositioning in his bed and chair. Doe developed a sacral decubitus ulcer and his wound advanced to a Stage IV and became infected. He later died in Hospice, related to this wound.
Nursing Home-Confidential Settlement-2018
Jane Doe was a 92 year old total assist resident who had dementia. She was transferred to a shower chair and on the way to the shower room the CNA ran her into the door post, fracturing her knee. She died 11 days later from blunt force trauma.
$300,000.00-Settlement-Assisted Living Facility Negligence
Jane Roe, age 90, fractured her hip and after surgery was admitted to Woe assisted living facility. She suffered dementia and she was not considered a good rehab candidate. The surgeon prescribed 0.5 ml of 20 mg/ml solution for pain. However, the facility staff accidentally administered a morphine overdose of 50 mg (5 ml), which was 10 times the dosage ordered. Thereafter, on the next shift, she was again provided a second morphine overdose of 50 mg, ten times the ordered dosage. She became unresponsive and was transported to the ER. She was given Narcan with little response. She died the next day. Roe suffered direct and severe hypoxic brain injury causing her death. Her life expectancy was about 6 months.
Estate of Gerald Teeuwen, deceased v. Drs. Birk and Lowden-Chesapeake Circuit Court (2016)
Gerald Teeuwen was a 77-year-old bicycle racer who never smoked. However, he had a persistent cough when he presented to Patient First on January 3, 2013, and a chest X-ray was read as abnormal. He was referred to Dr. Birk, a pulmonary physician for evaluation. Mr. Teeuwen carried his abnormal film with him to Dr. Birk, but Dr. Birk never looked at it and ordered a subsequent film. Dr. Birk never looked at the film until the trial. Birk sent Mr. Teeuwen for a second chest X-ray to Dr. Lowden, a radiologist who is not board certified. Lowden never looked at the first film. The second film was read by Dr. Lowden who felt that the study was normal.
These two physicians were sued for failure to properly interpret the X-ray and failure to refer Teeuwen for a CT scan of his chest. Birk was sued for his admitted failure to review the first abnormal study and for his failure to provide his study to Lowden for comparison. By the time Teeuwen had a proper study and CT scan done a year later, his small cancer mass had advanced to a stage IV cancer. Damages included loss of wages which totaled over $400,000.00. His life expectancy was 8 years and 4 months. A jury returned a verdict against Birk and Lowden for $1,125,000.00 plus $176,646.00 in medical expenses with interest from February 2, 2014-the date of actual delayed diagnosis. The verdict stands at $1,505,772.68 and the defendant satisfied the judgment. Of note, the jury requested the plaintiff attorney’s X-ray viewbox during deliberations so it is more than likely that the jury panel saw the abnormality in the initial X-ray. Upon cross-examination at trial Lowden confirmed that he never knew of the abnormality and also never inquired if any comparison studies existed before he misread his second X-ray. Plaintiff’s experts testified that if a CT scan had been ordered it would have been diagnosed a stage I cancer and prompted surgical rescission, which carried a 75% chance of cure. By the time of diagnosis in 2014 it was too late for salvage, because Teeuwen’s cancer had metastasized to the brain and bone and he lost his chance of cure and survival in 2013. Carlton Bennett tried the case along with Judith Cofield, Esq. in Virginia Beach.
$10,200,000 – Jury Verdict – Traumatic Brain Injury in Trucking Accident
Zoll v. Werner Enterprises, Inc., Norfolk Circuit Court, Auto Accident (2008)
Woman suffered a traumatic brain injury when struck by a tractor-trailer on I-295. Her difficulties included headaches, speech impairment including stuttering, dizziness, memory loss, difficulty with concentration, inability to communicate thoughts, balance problems, fatigue, anxiety, and depression. The case was tried before a jury who returned a verdict for the plaintiff in the amount of $10.2 million.
$7,500,000 – Million Dollar Settlement – Traumatic Brain Injury / School Bus Case
Watford v. City of Hampton Public Schools, et al., Hampton Circuit Court (2004)
Motorcycle rider struck in back of head by side mirror of school bus, school bus making negligent left turn in the path of motorcycle. Plaintiff suffered brain stem injury, pelvic and leg fractures and medical bills in excess of $400,000.00. Plaintiff will never be able to return to work at his job at the Newport News Shipbuilding & Drydock and suffered a loss of earning capacity of approximately $900,000.00. Plaintiff will also require future medical costs for physical therapy, occupational therapy and speech therapy estimated at $227,000.00 per year for support care. Parties settled after lengthy mediation for $7.5 million.
$3,750,000 – Million Dollar Settlement – Motorcycle Wrongful Death
Naval officer was killed while operating motorcycle on Interstate 64 after the defendant swerved into plaintiff’s lane of travel knocking him off of his bike. Plaintiff died at the scene of the accident. Although the defendant denied changing lanes suddenly, witnesses testified that defendant moved in the plaintiff’s lane without warning and that the Naval officer had done nothing improper to cause the accident. The plaintiff died two days before his wedding day and had two young children.
$3,700,000 – Million Dollar Settlement – Traumatic Brain Injury in Trucking Accident
Confidential – (2012)
Plaintiff was a passenger in a tractor trailer truck on I-81. Defendant came across the median in his tractor trailer truck, resulting in head-on crash. Plaintiff suffered severe right leg injuries and a mild traumatic brain injury, with medical expenses of $277,000.00. Case settled at mediation prior to trial.
$3,500,000 – Million Dollar Settlement – Traumatic Brain Injury/Auto Crash
Kuffel v. City of Chesapeake, et. al. (2008)
Plaintiff, a teenage girl, was riding as a passenger in a Ford Mustang headed south on Dominion Boulevard just north of the Steel Bridge in Chesapeake, Virginia. A northbound SUV went off the right shoulder, overcorrected, and hit plaintiff head-on in the southbound lane. Deep rutting on the side of the shoulder caused the SUV to lose control. Suit was filed against the City of Chesapeake due to its failure to properly maintain the shoulder in a safe manner. Plaintiff suffered severe injuries including a brain injury. Her symptoms included loss of short-term memory, difficulty with multi-tasking, mood swings, and difficulty finding the right word. The case was settled before trial for $3.5 Million.
$3,000,000 – Million Dollar Settlement – Traumatic Brain Injury / Dump Truck Case
Wood v. S.C. Jones, Inc., et al., Hampton Circuit Court (2005)
Woman was traveling 40 mph when she collided with a dump truck who negligently made a left turn in front of her. Plaintiff suffered a brain injury which caused headaches, dizziness, memory loss, nausea, difficulty with concentration, inability to communicate thoughts, balance problems, dropping things, fatigue, anxiety, and depression. She also suffered injuries to her back, neck, shoulder, and knees. Plaintiff has undergone extensive medical treatment and will require future care for her injuries. Additionally, she is not able to work due to the collision. The case was tried before a jury who returned a verdict for the plaintiff in the amount of $3 million.
$2,500,000 – Million Dollar Settlement – Traumatic Brain Injury / Trucking Case
Jane Doe v. Roe Trucking Co. (2009)
Plaintiff, a 60 year old, part-time pre-school teacher, was a passenger in a school van that was rear-ended by a tractor trailer truck. Plaintiff’s head shattered the rear window, and she was unconscious for 10 minutes. Plaintiff suffered a mild to moderate traumatic brain injury and complex partial seizure disorder which is controlled with medication. Plaintiff’s medical bills totaled $112,000 and she experienced no loss of earning capacity. The case was settled through mediation just before trial for $2.5 million.
$2,400,000 – Million Dollar Settlement – Traumatic Brain Injury / Bicycle Case
John Doe v. Swygert & Eastern Aluminum Supply, Virginia Beach Circuit Court (2003)
60 year old chiropractor, while riding bicycle, was struck in back of head by side mirror of delivery truck. Although initially having refused medical treatment, he later developed cognitive and psychological difficulties which radically altered his lifestyle. His special damages include $26,101.00 in past medical bills, $478,800.00 in future medical costs, and $720,000.00 in lost earning capacity. The parties settled after mediation for $2.4 million.
$2,100,000 – Orthopedic Injuries
Remley v. Ruiz (2013)
Plaintiff was severely injured when he fell from a second story hotel balcony. The verdict included punitive damages of $350,000.00.
$1,725,000 – Million Dollar Settlement – Traumatic Brain Injury
Kellam v. Colvin and Dunkin’ Donuts Mid-Atlantic Distribution Center Inc., U.S. District Court – Eastern District of Virginia
Plaintiff’s vehicle was rear-ended by a Dunkin’ Donuts tractor-trailer on the Eastern Shore of Virginia. Plaintiff experienced severe headaches, visual disturbances, confusion, loss of short term memory, difficulty sleeping and low back pain. He was diagnosed with a mild traumatic brain injury and had positive findings on a nuclear medicine brain SPECT scan and DTI Study (Diffusion Tensor Imaging) MRI study. Plaintiff suffered diminished earning capacity. The parties settled after mediation for $1,725,000.00.
$1,550,000 – Million Dollar Settlement – Mild Traumatic Brain Injury
Spears v. Atlas Honda, Circuit Court, Bristol, VA (2015)
Case was tried before a Bristol, VA jury and settled on third day of trial. Defense admitted liability just prior to trial. Mr. Spears, age 65, was a decorated combat army veteran. Damages included loss of earning capacity of $353,000.00 and medical bills of $176,000.00. largest settlement ever in this court.
$1,550,000 – Million Dollar Settlement – Tractor Trailer Truck Collision-Traumatic Brain Injury
Smaw vs. Raymond S. Buffington and New Prime, Inc., Norfolk Circuit Court (2013)
Plaintiff suffered a mild traumatic brain injury when his vehicle was struck by a tractor trailer truck that negligently moved into his lane. Mr. Smaw was able to return to work. The parties settled at mediation for $1,550,000.00.
$1,350,000 – Million Dollar Settlement – Traumatic Brain Injury
Jones v. Capitol Finishes, Inc., Norfolk Circuit Court (2011)
Shipyard worker injured when an explosion ripped through a crew head area on the U.S.S. Leyte Gulf while the ship was dry-docked on September 15, 2007, making national news. Defendant was negligently using a cleaner that was extremely flammable and took no precautions for ventilation of the enclosed space, allowing vapors from lacquer thinner to build up. The fumes were ignited by a spark from an electric buffer that the defendant’s employee was using. Jones was diagnosed with a compression fracture at L-1 and chronic low back pain with leg numbness. She also suffered a mild traumatic brain injury and post-traumatic stress disorder. Jones, age 62 at the time of the explosion, had worked 20 years as a sheet metal mechanic and could not return to work because of her injuries.
$1,200,000 – Million Dollar Settlement – Wrongful Death/DUI
Vega v. Looker, Virginia Beach Circuit Court (2003)
Mrs. Vega, 41, was a passenger in a minivan. As the van entered an intersection, a sport-utility vehicle ran a red light, striking the van, and killed Mrs. Vega. She is survived by two adult children and one minor child. A hotel housekeeper who had earned approximately $25,000 annually, she had also been studying to be a chef’s assistant and had been attending beauty school. Her future lost earnings are estimated at between $650,000 and $780,000. Her medical expenses were approximately $330,000. The defendant was criminally indicted for driving under the influence and plead guilty to a charge of vehicular manslaughter. The parties settled the case before trial for $1.2 million.
$1,195,000 – Million Dollar Settlement – Traumatic Brain Injury
Campbell v. Capitol Finishes, Inc., Norfolk Circuit Court (2011)
Shipyard worker injured on September 15, 2007 in an explosion on the U.S.S. Leyte Gulf. Campbell suffered a mild traumatic brain injury, an inguinal hernia and mild left hearing loss. He has not returned to work due to cognitive dysfunction from the explosion.
$1,100,000 – Million Dollar Settlement – Traumatic Brain Injury / Trucking Case
Jane Doe v. Roe Trucking Company (2009)
Plaintiff, a 58 year old school principal, was a passenger in a school van that was rear-ended by a tractor trailer truck. Plaintiff may have briefly lost consciousness and suffered a traumatic brain injury. She returned to work full-time. The case was settled through mediation for $1.1 million.
$1,000,000 – Million Dollar Settlement – Mild Traumatic Brain Injury
Plaintiff was struck on the top of his head by a metal stabilizer bar. He suffered balance disorder and mood changes. Medical expenses were $ 51,000.00. The case settled at mediation prior to trial.
$1,000,000 – Million Dollar Settlement – Traumatic Brain Injury
Moore v. Capitol Finishes, Inc., United States District Court, Norfolk Div. (2011)
Moore had a congenital defect, Arnold Chiari I, was non-symptomatic before being injured in the explosion on the U.S.S. Leyte Gulf. The blast threw him into the ship’s bulkhead, aggravating the Chiari brain malformation. He began to suffer headaches and blackouts and later underwent brain surgery to repair the Chiari malformation. He also suffered a mild traumatic brain injury with cognitive defects and injuries to his low back, but was able to return to work.
$900,000 – Settlement – Traumatic Brain Injury Auto Accident
Walker v. Buck and Re-Steel Supply Company, Inc., U.S. District Court – Eastern District Norfolk (2010)
Plaintiff was injured when he was rear-ended by a tractor-trailer. William Buck, the driver of the truck and an employee of Re-Steel Supply, had fallen asleep at the wheel. Toxicology tests showed that Buck had a 0.57 mg/L concentration of Oxycodone in his blood at the time of the crash. Police were also able to download data from the tractor’s ECM or “black box” which showed that the truck was traveling 64.5 mph (50 mph zone) at the time of impact. Plaintiff struck his head on the headrest and suffered a permanent closed head injury. His ongoing symptoms included post-traumatic headaches, short term memory problems, post-traumatic stress disorder (PTSD), blurry vision when reading, and attention-deficit disorder. The case was settled out of court for $900,000.
$900,000 – Settlement – Auto Accident / Orthopaedic Injuries
Walters v. City of Chesapeake, et. al. (2008)
Plaintiff, a teenage boy, was headed south on Dominion Boulevard just north of the Steel Bridge in Chesapeake, Virginia. A northbound SUV went off the right shoulder, overcorrected, and hit plaintiff head-on in the southbound lane. Deep rutting on the side of the shoulder caused the SUV to lose control. Suit was filed in federal court against the City of Chesapeake due to its failure to properly maintain the shoulder in a safe manner. Plaintiff suffered severe orthopaedic injuries to his legs. The case was settled before trial for $900,000.00.
$800,000 – Settlement – Traumatic Brain Injury Car Accident
Jane Doe v. Janet Roe, Chesapeake Circuit Court (2009)
A woman suffered a mild traumatic brain injury in a two vehicle collision. Her injuries included short term memory loss, depression, mood changes, fatigue, partial complex seizures now controlled by Dilantin, and a knee injury. The defendant contested all conditions except the knee problems, which had pre-existed before the wreck. Plaintiff had also been treated for depression and anxiety in the 15 months before the wreck. The case was settled through mediation one week before trial.
$750,000 – Jury Verdict – Assisted Living Sexual Assault Case
Crewe v. Cote De Neige – Assisted Living Center Newport News Circuit Court (2009)
Plaintiff, a 56 year old mentally handicapped resident, was repeatedly sodomized by a male certified nurse assistant hired by the facility. The numerous sexual violations caused plaintiff to suffer permanent damage to his sphincter muscle in his rectum. The facility allowed the CNA to work there despite knowing that he had 5 assault and battery convictions and thereafter, that he had sexually assaulted another resident who also had mental impairment. The case was tried before a jury who returned a verdict for $750,000 including $500,000 in compensatory damages and $250,000 in punitive damages.
$750,000 – Jury Verdict – Medical Malpractice
Holland v. Dixon M. Rollins, M.D. and Suffolk Radiology Associates, Inc. (2010)
72 year old decedent underwent a gastrografin enema procedure by defendant radiologist for inspection of suspected anastomosis leak in small bowel. An earlier CT of pelvis showed a pocket of fluid, but no leak. The decedent’s surgeon requested 50cc contrast and gentle enema to evaluate the site. Defendant used excessive amount of contrast and did not gently introduce the contrast resulting in rupture of the pocket of fluid and large perforation. Decedent died of resulting sepsis.
$662,500 – Settlement – Nursing Home Malpractice
John Doe vs. Nursing Home (2016)
Plaintiff’s decedent, a 90 year old woman was rolled off of her bed and sustained fractures of her right lower leg, right ankle, right shoulder and left leg. Due to these injuries, the patient required extensive care and ultimately, amputation of her right leg below the knee. The nursing home initially denied all responsibility but though the process of litigation, admitted its failures and settled the case.
$600,000 – Settlement – Nursing Home Malpractice
Frances Doe v. Woe Nursing Home (2016)
Doe, age 90, suffered from dementia and was impulsive. She required extensive assistance for toilet use. A CNA was providing toileting care and took Doe to the bathroom in her wheelchair and assisted her onto the commode. The CNA left Doe on the commode and went several feet away to retrieve a washcloth, turning her back on Doe. Doe had very poor safety awareness and stood up and fell from the commode hitting the floor and fracturing her hip which had to be surgically repaired. Thereafter, Doe was completely bed bound and developed three Stage IV pressure ulcers on her sacrum and buttocks, which were extremely painful. She died from a combination of the hip fracture and bed sores. The case settled through mediation just before the trial date for $600,000.00.
$525,000 – Settlement – Trucking Accident
John Doe vs. Moe Trucking and Jane Doe vs. Moe Trucking (2012)
Tractor-Trailer truck lost control and crashed into a convenience store. John Doe was standing near the counter and suffered a concussion and back injury. Jane Doe was behind the counter when the truck crashed through the front wall and suffered a concussion. The cases were settled prior to trial.
$500,000.00-Settlement-Mild-Traumatic Brain Injury/Auto Collision
Flowers v. Dwier-Selden, Circuit Court City of Richmond (2017)
Plaintiff’s vehicle was rear ended on Richmond Road in Albemarle County, Virginia and Plaintiff suffered a mild traumatic brain injury. Her employer accommodated her and she was able to transition much of her work to her home. Plaintiff would require future medical costs for therapy. The case settled prior to trial at mediation for $500,000.00.
$500,000 – Settlement-Nursing Home
John Doe v. Moe Nursing Home (2017)
Plaintiff’s estate sued for death of loved one. Decedent was a long-term resident of nursing home and had diabetes. He often had low blood sugar readings. On evening before his death he had a blood sugar reading of 60 and the attending LPN negligently administered Levemir (which lowers blood sugar and is long acting). LPN never followed his blood sugar readings and resident was found dead the next morning.
$500,000 – Settlement – Traumatic Brain Injury (2015)
Maurakis v. Glenn – Client knocked to ground by car in parking lot causing dizziness, memory deficits and post-traumatic headaches (2015)
$450,000.00-Decubitis Pressure Sore Case
Jane Doe v. Woe Nursing Home, Virginia Circuit Court (2017)-Confidential
Doe suffered a progressive condition that made her bed bound and dependent on all of her activities of daily living, including turning and repositioning in bed. Her caregiver was unable to care for her for a period of time and she was admitted to Woe Nursing Home. She was admitted without skin breakdown. While in the nursing home for only a short period she developed a stage IV decubitis pressure sore on one of her lower extremities, from a lack of turning and repositioning by Woe’s staff. Her caregiver took her home and healed her pressure sore. The parties settled through mediation for $450,000.00.
$450,000 – Settlement – Nursing Home Malpractice
Annie Doe v. Woe Nursing Home (2016)
Doe, age 87, was totally dependent upon one staff for bathing. She was bed bound and had contractures of her extremities. While preparing Doe to be transferred from bed to her chair, the CNA negligently positioned Doe on the edge of the bed, turned her back on Doe, and went to retrieve a washcloth on a nearby table. Doe slid out of bed hitting the floor and fracturing her hip. Doe’s hip fracture had to be surgically repaired. She died six months later from the effects of the hip fracture. The parties settled at mediation prior to trial for $450,000.00.
$450,000 – Mediated Settlement
Harris v. Commercial Ready Mix Products, Inc., et al. U.S. District Court – Eastern District of Virginia (2011)
Mack truck failed to stop at a stop sign resulting in a collision with the plaintiff’s vehicle causing neck, mid and lower back injury. Settlement amount: $450,000.00.
$350,000 – Settlement – Virginia Nursing Home Malpractice
Confidential – settlement of case for resident who was assaulted by another resident (2015)
$350,000 – Settlement – Nursing Home Case
A Virginia Nursing Home (2008)
A 79 year old nursing home resident, was transferred to the nursing home for rehabilitation following knee replacement surgery. While at the nursing home, the resident developed Stage IV pressure sores of the sacrum and on both heels. The resident was admitted to the hospital and died 7 months later due to end stage renal disease.
$300,000 – Settlement – Nursing Home Malpractice
Doe v. Moe Nursing Home (2016)
In this confidential settlement, Doe, age 73, suffered from long standing mental illness, was bed bound, and required total care. While transferring Doe to her bed, her right elbow hit the arm of her wheelchair resulting in a severe right elbow fracture which could not be surgically repaired. The parties settled prior to trial for $300,000.00.
$300,000 – Settlement – Personal Injury Pedestrian/Automobile Collision
Jimenez v. Jane Doe (2014)
Plaintiff, an E-3 US Naval Seaman, was struck by Defendant’s vehicle as a pedestrian walking through a crosswalk in Norfolk, Virginia. On February 8, 2013, Plaintiff was on brief military leave as his deployment date was delayed by a day. Around 2:00pm on that clear afternoon, Plaintiff went to cross the street on base. A motor vehicle stopped to allow Plaintiff to cross the street in the crosswalk. Defendant saw the stopped vehicle as she approached the intersection and changed lanes to go around the stopped vehicle. Defendant did not keep a proper look out and struck the plaintiff. The collision caused Plaintiff to strike his head on the windshield and then again on the pavement, when he was thrown approximately 10 feet. Plaintiff arrived at the emergency room classified as a “bravo alert.” Plaintiff was diagnosed with multiple orbital and facial fractures as well as a subarachnoid hemorrhage. Plaintiff was placed immediately in the intensive care unit. Plaintiff’s medical bills totaled $38,084.29.
$290,000 – Negotiated Settlement – Auto Collision
Kinzey v. Jane Doe (2014)
Plaintiff was driving his 2000 Honda Accord on Old Donation Parkway approaching the intersection of Old Donation Parkway and North Great Neck Road. As plaintiff proceeded through a green light, the defendant made a left turn from Old Donation Parkway onto North Great Neck Road, directly in the path of plaintiff. Defendant’s vehicle collided with the front driver side door of the Honda Accord which was totaled as a result of the accident. Plaintiff and his passenger were injured as a result of the accident. Plaintiff sustained a comminuted femoral fracture of the left leg. He was immediately taken to Sentara Virginia Beach General Hospital and underwent intramedullary fixation with left femoral shaft fixation and insertion of a femoral nail. Plaintiff underwent a course of physical therapy with a successful outcome. Defendant, a minor, maintained an insurance policy of $300,000.00 per injury but limited to $300,000.00 per accident. After lengthy negotiations, defendant’s carrier agreed to settle plaintiff’s claim for $290,000.00 prior to filing suit.
$275,000 – Settlement – Nursing Home Negligence
John Doe v. Roe Nursing Home, Norfolk Circuit Court (2003)
Plaintiff’s decedent, 95 years old, admitted to Nursing Home with known propensity to fall. Inadequate assessment upon admission to Home, inadequate reassessment after falling in Home, and lack of communication among staff about implementation of least-restrictive fall prevention measures for this patient, lead to his death from subdural hematoma due to later fall. Statutory beneficiaries were four stepchildren and three estranged natural children. Special damages were $11,291.95 in medical bills, and a $3,010.00 funeral bill. Settlement amount: $275,000.00.
$250,000 – Nursing Home Malpractice
John Doe v. Nursing Home (2005)
Plaintiff was a non-ambulatory, demented resident with severe Alzheimer’s who was fed through a feeding tube. When the tube became clogged, the nursing home’s RN called and advised the doctor of the situation. The RN then obtained an order to replace the feeding tube. Despite never having replaced a feeding tube before, the RN attempted to replace the feeding tube without any assistance. The nursing home was negligent when it failed to follow procedure for proper placement of the tube, as well as when it failed to confirm the tube was placed correctly after it was inserted. The tube was negligently inserted into the abdomen instead of the stomach pouch. Medication and food were pumped into the abdomen resulting in septic shock and death a few days later.
$250,000 – Jury Verdict – Traumatic Brain Injury Case
Armbrister v. McDade, Hampton Circuit Court (2006)
Plaintiff, 17 years old, suffered a mild traumatic brain injury when Defendant broadsided her vehicle going 35 mph. Plaintiff suffered a brain injury which caused headaches, memory loss, concentration problems, and depression. Despite her injury, plaintiff was able to work as an officer in the U.S. Army. The case was tried before a jury who returned a verdict for the plaintiff in the amount of $250,000.
$250,000 – Mild Concussion
Longtin vs. Gibson, Norfolk Circuit Court (2012)
Plaintiff, a 62 year old elementary school teacher who was considering retirement, was rear ended. She sustained a mild concussion and returned to work. The defense disputed that she suffered a concussion and that her difficulties had nothing to do with the wreck and she would have soon retired, regardless of the accident. Case settled through mediation just prior to trial.
$230,000 – Arbitration Award
Long v. Medical Facilities of America (2014)
Nursing home malpractice case; resident falls from bed and fractures her neck while rehabbing from a stroke. She had to wear a brace for eight months. No surgery. Medical specialist were $20,000.00.
$190,000 – Jury Verdict – Auto Collision
Hofheimer v. McKenna, Virginia Beach Circuit Court (2012)
Plaintiff suffered a concussion injury and loss of gag reflex. Plaintiff had no loss of earnings.
$190,000 – Settlement – Intersection crash led to mild TBI
Kemick v. McCarley, Virginia Beach Circuit Court (2012)
Plaintiff was traveling west-bound on Dam Neck Road in Virginia Beach. The defendant ran a red light at the intersection of Dam Neck and General Booth Boulevard as she was making a left turn, and collided with the plaintiff’s vehicle.
$160,000 – Settlement – Veterans Nursing Negligence
U.S. District Court, E.D.Va. Lauth v. United States (Dept. of Veterans’ Affairs) (2002)
Death of 83 year old amputee from subdural hematoma caused by nurse’s improper turning of patient in bed at Hampton VA Medical Center. Settlement amount: $160,000.00.
$150,000 – Jury Verdict – Auto Collision
Ellsworth v. Jeter, Hampton Circuit Court (2008)
Man suffered a strained ankle with 16% partial impairment. The case was tried to a jury who returned a verdict of $150,000.
$125,000 – Settlement – Nursing Home Malpractice & Federal Tort Claims Act
Pearl Taylor v. U.S.A. and Confidential Nursing Home, U.S. District Court, Norfolk (2002)
99-year-old woman developed a Stage IV sacral decubitus ulcer due to the combined negligence of the Nursing Home, the attending physician, and his nurse practitioner. Upon discovery of the wound, plaintiff’s family removed her from the facility, sought appropriate medical care, placed her in a better facility, and after several months the wound healed. Suit originally was filed in State court against both the Nursing Home, and also the physician and his nurse practitioner, both employees of Eastern Shore Rural Health Systems, Inc., which also was a defendant. It was removed to federal court by Eastern Shore as, unbeknownst to plaintiff and not discoverable beforehand, this defendant was a participant in the federal malpractice insurance program created by the Federally Supported Health Centers Assistance Act, 42 USC 233; hence, the sole remedy against Eastern Shore and its employees is under the Federal Tort Claims Act. Dismissal was stipulated allowing plaintiff to pursue her administrative remedies under the FTCA and, immediately upon their exhaustion, she filed suit against the United States and Nursing Home. The United States offered judgment, and Nursing Home settled for the remainder. Medical bills totaled $14,341.49. Settlement amount: $125,000.00.
$125,000 – Settlement – Medical Malpractice – Federal Tort Claims Act
Callahan v. United States of America, U.S.D.C Richmond (2015)
Retired veteran fell from a ladder at home and suffered a complex skull fracture and severe traumatic brain injury. Prior to a second surgery to implant skill inserts the VA surgeon took him off blood thinners. The rehab resident negligently placed him back on full therapy dosage of blood thinner with 3 days following this surgery, resulting in massive bleeding and formation of brain hematomas. His surgery had to be redone and he had a diminishment of his cognition. There were no monetary damages.
$125,000 – Settlement – Facial Scar and Headaches
Gabris v. Ashman, Norfolk Circuit Court (2015)
College student’s vehicle struck from rear, suffering a broken nose and cut in lower lip. $11,000 in medical bills. Client continues to have headaches and $21,000 projected for future medications.
$108,000 – Settlement – Medical Transport Negligence
Jane Doe v. Moe Transport, Inc., Virginia Beach Circuit Court (2002)
Client falls and fractures hip and hip is pinned by surgeon and he has her admitted for rehab to a nursing home. Client completes rehab and is released to go home and medical transport takes her to her apartment building. Medical transport employee decides to pull client up backwards up the three stairs to the stoop of the apartment building, gets up onto the stoop and then releases the wheelchair, which then falls along with the client, down the three steps, and the employee then falls down the steps on top of the client, re-fracturing her hip. Client has to undergo prosthetic hip placement, recovers and again goes home. Settlement amount $108,000.00.
$105,450 – Jury Verdict – Auto Collision
Alan v. Gray, Chesapeake Circuit Court (2012)
Plaintiff suffered knee injury resulting in arthroscopic surgery, and also suffered aggravation of his low back condition. Plaintiff had no loss of earnings.
$50,000 – Settlement – Nursing Home Negligence
Jane Doe v. Moe Nursing Home, Richmond Circuit Court (2002)
The plaintiff was admitted to defendant nursing home for skilled rehab. Four days after admission a licensed practical nurse, who worked part-time at defendant nursing home, administered medications to plaintiff that where prescribed for plaintiff’s roommate. Plaintiff was on two medications but her roommate was on nine medications and the LPN who was not familiar with plaintiff gave her the roommate’s medications in error. Negligent acts by the nursing home included failure to provide plaintiff with a patient name-band; failure to make sure plaintiff was the right patient to receive the medications; failure to mark the pharmacy drawer on the medication cart with plaintiff’s name and instead labeled the pharmacy drawer meant for the plaintiff with the roommate’s, and failed to correctly label plaintiff’s name as being assigned to her bed, but instead labeled the door to the room with the name of her roommate for that bed. Plaintiff had an adverse reaction and her blood pressure fell abruptly, requiring four days of hospitalization and total medical specials of approximately $11,000.00. Parties settled for $50,000.00. Plaintiff did not suffer any long term ill effects.
Confidential Settlement – Nursing Home Wrongful Death
Virginia Circuit Court (2010)
Elderly nursing home resident died as a result of a fall sustained at the nursing home. A resident at the nursing home for 33 years, resident suffered from mental retardation. Resident had fallen numerous times while at the facility, and was assessed as a high risk for falls. Two of the primary goals of the nursing home’s care plan for the decedent was to keep the resident free from falls and to maintain a safe environment for resident. The fall that caused his death occurred when the resident fell out of his bed onto the floor and struck his head. A nursing assistant had left the bedrail down and had turned away to go to the closet. After the fall, the nursing staff failed to notify the doctor, failed to have him evaluated at the emergency room, and failed to complete required neurological assessments after the fall. The resident died two days later from an undiagnosed subdural hematoma caused by the fall.
Confidential Settlement – Assisted Living Center Wrongful Death
John Doe v. Roe Assisted Care Facility Virginia Circuit Court (2010)
Wrongful death settlement in favor of surviving children of an elderly man with dementia who lived in an assisted care facility. The resident ingested a liquid cleaning product that had been left out on a table in another resident’s room. The decedent resident was known by staff to wander the facility and go into other residents’ rooms. The decedent died as a result of the ingestion of the cleaning product
Confidential Settlement – Wrongful Death Scalding Case
Norfolk Circuit Court (2007)
A 63 year old handicapped woman died after being scalded by water emitting from her bathtub. Her third degree burns resulted in infection which caused her death. The case was settled before trial for a confidential amount.
Confidential Settlement – Medical Malpractice Against Hospital
76 year old plaintiff had hip surgery with complications which resulted in an extended stay in the hospital. Plaintiff was later transferred to a nursing home where it was discovered that plaintiff had four Stage IV pressure ulcers of which two were on his heels. The hospital’s skin assessment upon discharge indicated that plaintiff’s skin was intact with no pressure sores. After proper treatment, the pressure ulcers healed leaving plaintiff unable to stand without assistance.
Confidential Settlement – Nursing Home Malpractice
John Doe v. Moe Nursing Home, Virginia Circuit Court (2000)
Resident fell more than 30 times before the nursing home reassessed his care plan and provided least restrictive restraint. Falls then ceased. Injuries to face and head. Settlement amount: Confidential.
Confidential Settlement – Nursing Home Malpractice
John Doe v. Nursing Home (2004)
57 year old stroke victim admitted for rehabilitation and long term nursing care with inability to turn and reposition himself, but with no skin breakdown. Prior to admission decedent had been in several hospital facilities several months, but again with no skin breakdown. After admission to defendant nursing home facility he was assigned to a room at the end of the hallway, as far as one can get from the nursing station, and assigned direct givers CNAs that did not turn and reposition him on a regular basis. Decedent could not talk in order to voice complaints or verbalize his needs. Within three weeks decedent had formed Stave IV bed sore on his scrotum. Depositions of the CNA staff proved inadequate staffing to meet decedent’s needs to be turned and repositioned on a regular basis. Once the advanced bed sore was recognized by the staff, long delays occurred in providing sufficient and adequate treatment further contributing to the deterioration of his condition. Over 50 alternations in the nursing home chart were demonstrated using the services of a document expert. The decedent having life expectancy of approximately five years because of his underlying condition. The parties settled prior to trial for the maximum coverage available.
Confidential Settlement – Nursing Home Malpractice
John Doe v. Nursing Home (2004)
In January 28, 2003, the decedent, age 74, was admitted to defendant nursing home for rehab after a hip fracture suffered at home. The decedent suffered from dementia. Because of immobility and dementia, he was assessed as being at a high risk for the development of pressure sores. On February 21, 2003, a sacral pressure sore was first observed at a Stage II. By February 27, 2003, the wound had advanced to a Stage III. By March 7, the wound had advanced to a Stage IV and continued to advance in size until March 24, 2003 when he was discharged to the hospital. During the period January 28, 2003 through March 7, 2003, the decedent lost 36 pounds which is an excessive weight loss in only 38 days. A special air mattress was not provided until March 21, 2003, three days before his discharge to the hospital with infected sacral decubitus. The defendant facility did not seek a consultation by a wound care nurse until March 7, 2003. The decedent’s family effectively testified during mediation that he was not turned or repositioned and that they had to feed him as his tray was left in his room during the day by the CNAs, with no help provided for the decedent to take his meal. The decedent had a life expectancy of approximately 3 years because of his underlying Parkinson’s disease and dementia conditions. The parties settled the case at mediation, the amount of settlement being agreed upon as confidential.
Confidential Settlement – Wrongful Death/Dialysis/Nursing Malpractice
Jane Doe v. Dialysis Center (2003)
Decedent was exposed to harmful chemical during her regular dialysis treatment, resulting in fatal hemolysis of her blood (destruction of red blood cells). The parties settled for a substantial sum prior to trial.
Confidential Settlement – Medical Malpractice
Jim Doe v. Larry Roe, M.D., Virginia Circuit Court (2001)
Family physician failed to diagnose prostate cancer resulting in loss of chance for cure. Settlement amount: Confidential.
Confidential Settlement – Medical Malpractice
John Doe v. Mike Moe, M.D., Virginia Circuit Court (2001)
Surgical negligence. Dr. Moe failed to wait for full effect of anesthesia during umbilical hernia operation. Negligently failed to appreciate nicking the bowel; resulting sepsis. Settlement amount: Confidential.
Confidential Settlement – Medical Malpractice
Jane Doe v. John Doe, M.D., Virginia Circuit Court (2000)
Mother of full-term baby is brought to hospital by OB/GYN for induced labor so he can go on vacation. Defendant does not timely respond to delivery difficulties and child suffers anoxia and resulting severe brain damage. Settlement amount: Confidential.
Confidential Settlement – Nursing Home Malpractice
Estate of Jane Doe v. Roe Nursing Home, Virginia Circuit Court (2001)
Resident on pureed diet order gets access to a hamburger, eats it, and chokes to death. Settlement amount: Confidential.