The plaintiff was rear ended by the defendant in a low speed impact. Although she suffered from Rheumatoid arthritis in both knees prior to the accident, her orthopedic surgeon clearly related the meniscul tear to the accident. Plaintiff was prepared to introduce evidence that the accident accelerated the plaintiff’s need for knee surgery by several years. The parties settled for $90,000.00 on the eve of trial.

February 2003:

The plaintiff was operating her SUV at highway speeds when the left rear tire tread separated and sent the vehicle into an uncontrolled skid and rollover. The plaintiff’s leg was severely injured and she was transported via helicopter to a trauma center. The plaintiff underwent months of rehabilitative therapy and numerous surgeries only to have one of her lower limbs amputated. Suit was filed against the manufacturer of the SUV and the manufacturer of the tire based upon defective design and manufacture. The parties settled several weeks prior to trial and the defendants demanded the amount be confidential.

The plaintiff was operating her vehicle when the defendant pulled out in front of her causing a violent impact. The plaintiff died on the scene. The plaintiff was in her late 70’s and undergoing her second round of chemotherapy for breast cancer. Her treating physicians were prepared to testify that the plaintiff had a life expectancy of two to three years but for this accident. The plaintiff lived independently and was survived by three grown daughters. The parties settled for $225,000.oo several weeks prior to trial.

January 2003:

The first trial of this matter ended in a defense verdict. The Supreme Court of Virginia ordered a re-trial after it determined the Court erred by allowing an expert initially contacted by the plaintiff’s attorney to testify on behalf of the defendant. This case involves surgery for Thoracic Outlet Syndrome. While performing a first rib re-section, Dr. Martin Thiel almost completely transected the subclavian artery with a surgical instrument and the patient nearly exsanguinated on the table. In the frenzy to control the bleeding and stabilize the patient, Dr. Thiel blindly placed a vascular clamp on what he thought was the damaged artery. At the end of the procedure, it was determined that the clamp was on the lower cord of the brachial plexus which contains the nerves that control the hand and fingers. As expected, the plaintiff suffered nerve injury to his left hand and fingers. Dr. Thiel claimed it was a bone spike that almost completely lacerated the artery while the plaintiff argued the facts where consistent with a bone biting device used to remove the last portion of the rib. Interestingly, Dr. Thiel, had been reprimanded and sanctioned by the Virginia Board of Medicine for this vary surgery. However, such information could not be introduced into evidence at trial pursuant to Virginia Code. The Jury returned a verdict for $108,000.00.

The plaintiff had laparoscopic surgery at the Naval Hospital for chronic lower abdominal pain. At surgery, the surgeons could not verify placement of the laparoscopic instruments in the abdomen and elected to convert the procedure to a bikini line incision. The surgery was uneventful but because the bikini line incision was several inches away from where the laparoscopic instruments were originally placed the surgeons were unable to confirm that no structures had been damaged during attempted placement of the laparoscopic instruments. Several days after the surgery, the plaintiff become extremely ill with a distended abdomen and was rushed to emergency surgery. At surgery, damage to the bowel was found and repaired. The plaintiff endured a recovery of over six months and now has significant scarring of her abdomen. The parties settled for $300,000.00 on the eve of trial.

July 2002:

The 25-year-old patient underwent surgery for chronic lower abdominal pain. During the surgery, a suspicious lesion was removed and sent to pathology for immediate evaluation. The lesion was diagnosed as benign and the operation continued without further concern. Approximately three to four months later, the patient developed severe pain and swelling in the abdomen and was taken back to surgery on an emergency basis. At that time, it became obvious to her surgeons that she had metastatic cancer in her abdomen. A pathology exam confirmed that diagnosis. When compared with the first pathology, it became that the cancer was present at the first surgery. Approximately four to five months later, the patient succumbed to the cancer. The plaintiff’s experts were prepared to testify that had the cancer been properly diagnosed at the first surgery, the patient had a 95% chance of full recovery. However, the three to four month delay in this type of cancer eliminated any chance of survival. A lawsuit was filed but settled for $700,000.00 prior to either side identifying experts.

Luther Vellines and three companions joyfully departed on from Chesapeake, Virginia, for their annual golfing vacation at Myrtle Beach, South Carolina. They left in a 1993 Suburban manufactured by General Motors. As they were heading south on I-95 through North Carolina, there was a highway clean up crew in the right hand lane that directed all traffic over to the left hand or passing lane. About five miles away from where they were directed over, the traffic slowly started getting back into the right hand lane. In front of them was a pick up truck, and when it pulled out of the way, there was a state vehicle with its right wheels in the lane of travel and its left wheel on the median. It was going very slowly, and Mr. Vellines had to slow down his vehicle to about 10 m.p.h., llooked through the rear window and saw a truck descending upon them and screamed, “its going to hit us.” The Vellines’ vehicle was squarely in the left or passing lane. The truck struck the right hand side of the rear bumper, its wheels rolled over top of the bumper on top of the sheet metal crushing and pushing the tow bar into the asphalt pavement. At the same time, the impact directed the Suburban to the left, and at the time of the impact, the vehicle caught fire. It rolled over in the median once, rolled over on the opposite lane of travel and landed upside down. Fire engulfed the vehicle. The two passengers got out of the vehicle. They were severely burned. One passenger's hair was burned, his ears were burned off, his nose was burned off, and his eyes were burned shut. He was a large man and he was covered with soot. He had difficulty breathing and the doctor as he stood there examining him saw his throat swelling. They attempted to intubate him. Finally, they did. He expired within five minutes. His last words were, “tell my wife I love her.” The two passengers testified that they heard Mr. Vellines screaming for someone to get him out until the fire got so hot it silenced his plea. He was so badly burned that he was cremated. Suit was brought against the Anonymous Transportation Company. After discovery, we found that the company only had a $1 million in liability insurance. Since this was not enough, we negotiated with their lawyers who threatened bankruptcy and arrived at a settlement that they would pay us $5 million for all four persons killed or injured in the accident over the next 15 years. We accepted this. The next was a suit against the State of North Carolina. At the time of the accident, the maximum that we could get from the State of North Carolina was $150,000 under the State of North Carolina’s Tort Claims Act. While the case was pending, however, the legislature passed a retroactive bill in which we could recoup as much as $350,000. The four cases were settled for $315,000 each against the State of North Carolina. While the case was pending, we filed suit in Virginia against General Motors. This case was settled and GM demanded strict confidentiality as to the amount.

In this tragic case Mr. Lucy complained to his primary care doctor, Dr. Givens, of unilateral nose bleeds over a 2-3 year period. Along with the nose bleeds he developed unusual sensations and tingling on the affected side of his face. His doctors did not thoroughly determine the cause of the nose bleeds but related it to high blood pressure or dry winter air. By the time his true condition was diagnosed, the sinus cancer invading his face left Mr. Lucy with less than a 25% chance of survival. He required radical surgery which removed the entire side of his face including his eye and upper palate. Fortunately Mr. Lucy survived the cancer and is doing well today. After more than a week of trial the jury returned the highest verdict ever in a medical malpractice case in Virginia - $25,000,000.00.

November 1999:

The plaintiff sought treatment from Dr. Gaddy for a tubal ligation. Despite the plaintiff’s obese condition, Dr. Gaddy recommended surgery via laparoscopic instruments. Only two to three small incisions are made and the surgery is performed using cameras. Dr. Gaddy warned the plaintiff that her obese condition made the procedure more difficult as the laparoscopic instruments had to be inserted blindly into loose abdominal tissue. After trying for 35 minutes Dr. Gaddy was unable to place her laparoscopic instruments and decided to convert the procedure to a conventional incision. Upon opening the plaintiff’s abdomen, Dr. Gaddy discovered massive quantities of blood and two holes in the iliac vein caused by the laparoscopic instruments. Surgeons were called to perform emergency surgery to repair the wounds. The plaintiff required a transfusion of 8 units of blood and completely recovered.

The plaintiff’s expert testified that Dr. Gaddy was negligent in making multiple attempts to insert the laparoscopic instruments into an obese patient. Clearly, two holes in the iliac vein meant Dr. Gaddy made at least two attempts to insert the instruments. Whereas normally this can be done in less than 20 minutes, Dr. Gaddy attempted placement for at least 35 minutes according to the anesthesia record. Dr. Gaddy has stopped performing Ob/Gyn surgeries and now practices family medicine in Georgia. The jury returned a verdict of $100,000.00.

Mr. Taylor had a long-standing rupture of the anterior-cruciate ligament (ACL) in his knee. Dr. Ortho suggested reconstructive surgery using arthroscopic instruments. During the procedure, Dr. Ortho inadvertently punched through the back of the knee capsule and lacerated Taylor’s popliteal vein with the arthroscopic instruments. A vascular team was called in and had to make a 10 inch incision on the outer aspect of Taylor’s knee to repair the damaged vein. Taylor fully recovered and experiences occasional swelling in the lower leg. The parties agreed to binding arbitration which resulted in a favorable decision for Mr. Taylor. The defendant demanded confidentiality.

August 1999:

Frank Dunlap crashed his bicycle and struck his head. He sought treatment from his primary care physician who told him to return if his headache got worse or did not go away. Several days later Mr. Dunlap returned complaining of feeling worse and his doctor referred him to Dr. Butts, a neurosurgeon, for evaluation. Dr. Butts ordered a CT scan of the head which showed a blood clot measuring 12cm x 5cm x 1.5cm. He told Mr. Dunlap that he had “a little blood on the brain which would absorb by itself.” Dr. Butts also released Mr. Dunlap to travel to New Orleans with his job. He was to return for a follow-up CT scan in 2-3 months. One week later Mr. Dunlap suffered a massive bleed in his brain which put him in a coma. He never fully recovered from the bleed and died of pneumonia in a nursing home in February 1998. He is survived by his wife and three children from a prior marriage. The case was tried to a jury for 3 weeks. The jury found Dr. Butts negligent but awarded zero damages to Mr. Dunlap. The case was appealed to the Supreme Court of Virginia which overturned the verdict due to the trial court’s error and ordered a new trial. The case settled on the first day of trial for $550,000.00

Taylor v. Dr. O (Medical Malpractice)

Dr. O performed an arthroscopic knee procedure on Mr. Taylor. During the procedure Dr. O caused a 2.5 centimeter tear in the popliteal vein with one of the arthroscopic instruments. An emergency vascular surgery had to be performed to restore blood flow to Mr. Taylor’s lower leg. Mr. Taylor now suffers from sensory nerve deficits due to the 10” incision necessary to access the damaged vein, a neuroma or painful nerve ending which causes several episodes of shooting pain per day, and anterior compartment syndrome which causes his leg to swell and become painful during certain activities.This case was unusual in that the defendant requested binding arbitration. The parties held a one day hearing and presented evidence to an arbitrator. The arbitrator found the doctor negligent in damaging the popliteal vein and awarded Mr. Taylor $176,000.00.

A 3½ year old child fell out of a third floor window and sustained serious spinal cord injuries rendering him paraplegic. The theory of the case was that the developer, builder, and landlord of an apartment complex were negligent in building and leasing an unreasonably dangerous apartment to a family with small children. The apartment contained window units which lacked locking mechanisms. Although the windows had latches on the lower pane, there was no means to prevent the windows from being opened by children of tender years. The case was set to go to trial in Virginia Beach, Virginia but was settled within days of the trial. Each of the named defendants contributed to the settlement of $1,500,000.00.

Troy Earls (8 years old) was traveling as an unescorted child on Northwest Airlines. Due to weather conditions, his flight was delayed en route. Northwest provided lodging for Troy and put him in a room with a 15 year old male who had also been traveling as an unescorted child. The following morning, Troy reported that the other boy had forced him to do dirty things the previous night. Child psychologists evaluated Troy and determined his version of events was truthful and that he had been sexually molested. Northwest was sued in its home state of Minnesota. During trial the case settled for a confidential amount.

Charles Watson was a Navy SEAL who did a tour in

Vietnam

in the 1960’s. Harry Constance was a member of Mr. Watson’s SEAL team during that tour. Some 30 years later, Mr. Constance wrote a book titled “Good to Go: The life and times of a decorated member of the U.S. Navy’s SEAL team two.” In that book, Mr. Constance reported that Mr. Watson was a coward, had hidden in a bathroom covered with a mattress during an attack, and deserted his teammates with the Platoon’s only radio during a particularly intense encounter with the enemy. Mr. Watson is a practicing attorney in Richmond. After reading the book he became physically ill, learned of ridicule by his SEAL teammates and feared ridicule by his legal colleagues. A lawsuit was filed against the authors and the publishing company, William H. Morrow. During the discovery phase of the case, no witness testified that he ever saw Mr. Watson run in the face of the enemy – a charge punishable by court martial. The case went to trial in the Federal Court in Norfolk, Virginia. After five days of trial, the case was settled for $410,000.00 and an in-court apology by the defendants to Mr. Watson.

Raymond Almond was a new driver when his vehicle was violently struck on the driver’s side by a van. He sustained a ruptured aorta, subdural hematoma, and permanent brain damage as a result. After investigating the circumstances of the accident, it was determined that Ray had run a stop sign. However, the stop sign was completely obscured by a pine tree on Virginia Beach property. Suit was brought against the City of Virginia Beach for maintaining a public nuisance in the form of an overgrown tree which obscured a traffic device. Trial was held in Virginia Beach and the parties settled the case for a confidential amount while the jury was deliberating.

Anthony Hughes had purchased a mountain bike and was riding it over a small bump when he crashed. An examination of the bike revealed that the front suspension for had catastrophically failed, causing him to land face-first on the pavement and suffer sever facial and head injuries. Suit was filed against the foreign manufacturer of the bike alleging defective design and manufacture of the fork. The case was settled prior to trial for $650,000.00.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

Case Results

These reported results are in no way a guarantee of the outcome of your potential case. These reports reflect some of the results we have been able to obtain over the past several years. Each case is different and the viability any claim depends on many factors.

February 2003:

January 2003:

July 2002:

November 1999:

August 1999:

Taylor v. Dr. O (Medical Malpractice)