Million-Dollar-Plus Settlements of 2024

Following are settlements of at least $1 million reached in 2024 and reported to Virginia Lawyers Weekly.

$85 million — Pharmaceutical co. agrees to resolve fraud suit; settlement considered one of largest on record

Type of action: Health care fraud

Court: Roanoke County Circuit Court

Attorney for plaintiff: Thomas “Bo” Frith IV, Roanoke

Case summary: On July 8, 2024, a Virginia pharmaceutical company agreed to resolve a lawsuit alleging health care fraud. The scheme was initially brought to the attention of federal authorities by a whistleblowing employee of the defendant. In the case, plaintiffs alleged fraud and antitrust violations in the sale and marketing of opioid dependence drug Suboxone. The plaintiffs were five health care benefit plans that paid for Suboxone as prescribed to their member patients.

The plaintiffs, who opted out of an end-payor class in the in re Suboxone multidistrict litigation, filed suit in the fall of 2020, alleging the company engaged in a fraudulent and anticompetitive “product hop” designed to prevent generic competition by converting the market from Suboxone tablets to Suboxone film.

The $85 million settlement is one of the largest “opt out” pharmaceutical drug recovery settlements on record.

 

$12 million — Father of three dies in automobile accident

Type of action: Motor vehicle negligence

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

Attorneys for plaintiff: Stephen J. Cannella, Robert W. O’Neal and Christopher J. Pitera, Richmond

Case summary: The decedent, age 36, was married and the father of three young children. The decedent was a hardworking, blue-collar employee, a husband and father and widely admired by those who knew him.

Significant investigation was performed by the plaintiff’s counsel pre-filing. Prior to mediating the case, the plaintiff’s counsel had a professionally prepared video of the decedent’s family, lay witnesses and a grief counselor to convey the magnitude of the loss and damages suffered by this family.

The results of focus groups were instrumental in the mediation and post-mediation negotiations and in determining the settlement value of the case.

 

$10 million — Tractor-trailer hits, kills veteran traveling in adjacent lane on I-95

Type of action: Motor vehicle negligence

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

Attorneys for plaintiff: Ryan T. Walker and Mike J. Braggs, Richmond; Bryan L. Meadows, Fredericksburg

Case summary: During the summer of 2023, a tractor-trailer driver was in the middle lane on Interstate 95 North when he moved into the right lane without seeing the decedent, resulting in a collision between the tractor-trailer, the decedent and another vehicle.

As a result of the crash, the decedent died at the scene.

The decedent had been in the military for more than 20 years and had recently retired. After retirement, he worked with the Department of Defense as a civilian contractor.

The decedent was survived by his wife, two adult sons and minor daughter. He was the sole provider for his wife and minor child.

 

$7.6 million — Plaintiff slams into pickup truck disabled in tractor-trailer collision

Type of action: Motor vehicle negligence

Name of mediator: Michael E. Harman

Attorneys for plaintiff: Jason W. Konvicka, Parker E. Allen and Ashley T. Davis, Richmond

Case summary: The case arose out of a three-vehicle collision involving a tractor-trailer. The plaintiff was operating his vehicle in the right lane on Interstate 64 when he crashed into a pickup truck that was disabled and stopped on the highway.

Defendant 1, who was operating a tractor-trailer some distance ahead of the plaintiff on I-64, had attempted to change lanes and struck defendant 2’s pickup truck.

The plaintiff did not witness the first collision between defendant 1’s tractor-trailer and defendant 2’s pickup truck. The plaintiff’s only recollection of the second collision was seeing a blinking yellow light on defendant 2’s disabled pickup truck right before impact.

There was a liability dispute between defendant 1 and defendant 2. Each alleged that the other made an unsafe lane change, causing the initial collision.

Every element of the case was hotly contested. A total of 29 depositions were taken during the pendency of litigation.

 

$5.6 million — Recently inspected concrete mixer hits, kills man when brakes fail

Type of action: Negligence and tort

Court: Charlottesville Circuit Court

Attorneys for plaintiff: Mark Obenshain and Justin Wolcott, Harrisonburg

Case summary: The decedent, a 53-year-old husband and father of five, owned a concrete pumping business. He was setting up his equipment in preparation to pump concrete to a residential construction site when the brakes on a recently inspected concrete mixer failed, allowing the truck to roll free and strike him. He died from internal injuries.

Suit was filed against the owner of the truck, alleging that its driver was aware of the defective condition of the brakes and that he negligently attempted to chock the wheels.

Suit was also filed against a garage and heavy truck repair business, alleging a negligently conducted state safety inspection took place three days before the crash.

The parties settled the case five weeks before a scheduled trial in the Charlottesville Circuit Court.

 

$5.075 million — Driver rendered paraplegic after being rear-ended at traffic light

Type of action: Motor vehicle negligence

Court: Prince William County Circuit Court

Attorneys for plaintiff: Juli Porto and Robert Stoney, Fairfax

Case summary: The plaintiff was driving a 2019 pickup truck and was stopped at a traffic light when he was rear ended by the defendant.

The seat back of the truck collapsed on impact, driving his head into the rear compartment of the truck. He suffered a spinal cord injury that left him paraplegic.

The plaintiff demanded the limits of all available insurance, which the insurance companies eventually tendered. A suit relating to the collapse of the seat back remains pending.

 

$5 million — Cyclist suffers stroke after collision with delivery vehicle

Type of action: Negligence and tort

Attorneys for plaintiff: Allyson Kitchel and Julie Edwards, Arlington

Case summary: The plaintiff was hit head-on while biking by a two wheeled delivery vehicle. He was later taken to the emergency department with concussion symptoms and discharged after a CT with negative findings. The next morning, he fainted due to what he thought was fatigue but was found later by a houseguest with stroke symptoms. Brain damage was extensive, and he currently suffers from frequent seizures.

This case appeared to be one of medical negligence, but no expert identified a breach in the standard of care. There was no police report and the identity of the delivery person at fault was unknown. Suit was filed against the most likely responsible party, which denied having an agent in a crash. However, GPS data on the fleet connected a delivery person at the scene of the crash at the time of the crash who matched the physical characteristics the plaintiff could remember.

 

$4.5 million — Pregnant mother, daughter die in crash with cop driving 115 mph

Type of action: Motor vehicle negligence

Court: Petersburg Circuit Court

Name of mediator: Judge Walter W. Stout III (Ret.)

Attorneys for plaintiff: C. James Williams III and Kimberly J. Raab, Midlothian

Case summary: A county officer’s radar caught the defendant driving at 115 mph on Interstate 295 and chased him 1.1 miles into the city of Petersburg, where he collided with the decedents on Route 460 as they proceeded on a day beach trip.

The officer maintained that he was unaware he had driven into Petersburg and was not in pursuit, but that he conducted a traffic stop and had demonstrated “scant care” by slowing down prior to the collision, therefore defeating a gross negligence claim.

The audio transcription with dispatch suggested otherwise as he reported his speed at 110 and then 115 mph immediately before the collision.

The first mediation concerned whether the fetus was a person within the meaning of the UM auto policy.

 

$4 million — Sleeping passenger in semi-truck accident now requires wheelchair

Type of action: Motor vehicle negligence

Attorney for plaintiff: Jaleh K. Slominski, Lynchburg

Case summary: The plaintiff was a passenger in a semi-truck riding with her friend. At the time of the accident, she was asleep in the cab. The driver briefly fell asleep and lost control of the vehicle, which rolled over and landed in a ditch. The impact was so forceful that the plaintiff was ejected and sustained life-threatening injuries.

The plaintiff remained in the hospital for several weeks and was transferred to a rehabilitation center where she was discharged within a couple of weeks. Upon discharge, she returned home to live with family as she now must use a wheelchair.

At the time of the accident, the plaintiff had no health insurance or health care. Her treatment was limited to saving her life without any meaningful ongoing care. By securing a catastrophic life care plan, the policy limits along with the umbrella policy limits were recovered.

 

$4 million — Truck changes lanes on I-95, flips onto vehicle and kills retired man

Type of action: Motor vehicle negligence

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

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

Case summary: During the summer of 2023, the decedent was operating his vehicle traveling north on Interstate 95 in Stafford County. The decedent’s motor vehicle was struck by a tractor-trailer after it attempted to change lanes and collided with another vehicle. The two vehicles traveled across into the left lane, striking the decedent. The truck then overturned and landed on the decedent’s vehicle. Liability was disputed.

The decedent had recently retired. He was survived by his spouse and two adult children. The case was settled within one year of the collision.

 

$3.75 million — Man dies in motor vehicle collision; case resolves in second mediation

Type of action: Motor vehicle negligence

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

Attorney for plaintiff: Ryan E. Wind, Richmond

Case summary: A young man was killed in a motor vehicle collision. The matter was resolved at the second mediation. All other facts of the case are confidential.

 

$3.5 million — Man fractures back in forklift accident

Type of action: Negligence and tort

Name of mediator: Senior Justice LeRoy F. Millette Jr.

Attorneys for plaintiff: Matthew W. Broughton, Evans G. Edwards and Jared A. Tuck, Roanoke

Case summary: The plaintiff delivered a flatbed load to the defendant company’s premises, parking in a designated unloading area. The plaintiff went to adjust a metal stop that prevented straps from going over the tire at the rear driver side of the trailer. While plaintiff was performing this task, the forklift operator began unloading. The operator saw the plaintiff but did not warn him or wait for plaintiff to move before picking up a load.

The forklift operator also failed to review the delivery paperwork the plaintiff gave him. Unknowingly, the operator lifted a “double stacked” load, with products weighing several hundred pounds on top of the base load. These products slid off, falling and striking the plaintiff in the head and back. The plaintiff was knocked unconscious briefly and sustained seven fractures to his thoracic and lumbar spine.

The case settled after plaintiff’s expert designation but before defendants’ designation.

 

$3,357,732.10 — Pickup veers onto sidewalk, hits pedestrian who reinjures neck

Court: Charlottesville Circuit Court

Name of mediator: Judge Paul Peatross

Attorneys for plaintiff: Robert E. Byrne Jr. and Jonathan T. Wren, Charlottesville

Case summary: The plaintiff was walking on the sidewalk in Charlottesville. The defendant was driving a pickup truck, experienced an allegedly foreseeable medical event, and lost consciousness.

The defendant’s truck veered off the street, onto the sidewalk, and struck the plaintiff, briefly pinning him against a tree.

In the weeks following the crash, the plaintiff complained of several problems to his shoulder, arm and neck, symptoms consistent with concussion and anxiety.

In the decade before the crash, the plaintiff repeatedly complained about neck problems from two earlier car crashes. He had consistent treatment for neck problems and two prior neck surgical consultations. His prospective surgeons noted moderate to severe problems but declined to operate because the plaintiff did not have spinal cord impingement.

Two months after the collision, the plaintiff visited the ED complaining of difficulty walking. Physicians determined it was necessary to perform an emergency ACDF surgery.

 

$3.3 million — Couple perishes when vehicle is hit by truck entering intersection

Type of action: Motor vehicle negligence

Attorneys for plaintiff: Elliott Buckner, Joseph Cantor and Jeffrey Stedman, Richmond

Case summary: A husband and wife, both in their mid-70s, were attempting to turn left onto a multi-lane roadway in a heavily traveled commercial corridor. The defendant was operating his employer’s large truck in the middle lane of the multi-lane roadway when his vehicle entered the intersection and hit the decedents’ vehicle.

The defendant insisted that he entered the intersection under a yellow light, but his passenger testified that the light turned red just before the truck crossed the stop bar.

The wife died within hours; the husband died the following day.

The couple had a blended family with two statutory beneficiaries on the husband’s case and three statutory beneficiaries on the wife’s case.

The beneficiaries agreed that despite there being two separate cases with different beneficiaries in each case they wished to have any recovery split evenly amongst them, which was accomplished via a global mediation of both cases.

 

$3.265 million — Mack tractor-trailer rear-ends SUV

Type of action: Motor vehicle negligence

Attorney for plaintiff: Bridget N. Long, Mechanicsville

Case summary: The plaintiff was traveling on Howerton Road in Essex when the defendant, who was driving a Mack tractor-trailer, failed to stop at the stop sign and T-boned the plaintiff’s SUV.

Police charged the tractor-trailer driver with failure to stop, and he prepaid the offense. The plaintiff was med-flighted from the scene to VCU Medical Center, where he was an inpatient for 15 days before he was transferred to an inpatient rehabilitation center.

The plaintiff continues to suffer from permanent nerve damage.

The settlement consisted of a combination of liability and underinsured motorist coverage.

 

$3.25 million — Child dies when car he’s riding in hit by out-of-control ambulance

Court: Richmond Circuit Court

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

Attorneys for plaintiff: Todd A. Pilot, Alexandria; Kevin Kelley and Lalah Johnson, Dallas, Texas

Case summary: The 8-year-old decedent was in the rear passenger seat of his father’s car when the defendant’s front passenger-side tire burst, causing the defendant to lose control of the ambulance he was driving.

The defendant drove the vehicle through a wired fence across the median and crashed head-on into the rear passenger seat where the decedent was sleeping.

Rescue workers arrived at the scene and found the decedent trapped in his seat, unresponsive, with a faint pulse.

The decedent was rushed to an emergency room where, despite numerous resuscitation attempts, he succumbed to his injuries.

Extensive investigation was carried out by plaintiff’s counsel immediately following the collision. Statements were secured by witnesses who observed the defendant’s driving prior to the collision.

The matter was resolved in mediation prior to filing.

 

$3.2 million — German Shepherd with history of biting attacks housekeeper

Type of action: Negligence and tort

Court: Fairfax County Circuit Court

Attorney for plaintiff: Douglas B. Wessel, Reston

Case summary: A professionally trained German Shepherd guard dog owned by husband-and-wife defendants attacked their housekeeper and bit her several times over a period of about 11 minutes.

The defendant’s social media posts were invaluable during pre-suit investigation. Before the attack, defendant A had posted numerous photographs of the dog and labeled him as “my beast.” One photo carried the warning that uninvited guests will leave “in an ambulance.”

Shortly after the attack on the housekeeper, and before the housekeeper’s suit against the defendants, the defendant was criminally charged with harboring a vicious dog.

The attack on the housekeeper was the dog’s third biting of an adult female in less than one year.

After each of the attacks, defendant A immediately removed the dog from the jurisdiction before local animal control authorities could take action.

The plaintiff was hospitalized for multiple bites and an infection.

 

$3.1 million — Teenager suffers neck injuries in three-vehicle accident on I-95

Type of action: Motor vehicle negligence

Name of mediator: Judge W. Reilly Marchant (Ret.)

Attorneys for plaintiff: Jason W. Konvicka and Randall Lee Appleton, Richmond

Case summary: The teenaged plaintiff was a backseat passenger in his mother’s vehicle. The family was traveling from North Carolina to Williamsburg for a family vacation and heading northbound on Interstate 95. The two defendants, one driving a pickup truck and the other driving a tractor-trailer, were traveling southbound on I-95.

The defendants hotly contested how the initial impact occurred, but the tractor-trailer rear-ended the pickup truck, sending it out of control across the grassy median and into the northbound travel lanes of I-95, where it collided head-on with the plaintiff’s vehicle.

An MRI showed healed compression fractures at C5-C6, myelomalacia and kyphosis. The surgeon believed that surgery should be put off until the plaintiff’s symptoms worsened.

The plaintiff began experiencing falls and worsening gait. The plaintiff went to the emergency room to be evaluated and was quickly admitted for surgery.

The plaintiff underwent an anterior and posterior cervical discectomy and fusion.

 

$3 million — Collision results in quadriplegia; carrier says seatbelt not buckled

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Attorney for plaintiff: Stephen T. Harper, Richmond

Case summary: A man in his mid-30s was injured when he was stopped at a traffic light and was rear-ended by a vehicle that was going more than 50 mph. The impact resulted in injuries to the claimant’s spinal cord rendering him a partial quadriplegic.

The workers’ compensation carrier raised a willful misconduct defense and denied the claim based on its allegation that the claimant was not wearing a seatbelt at the time of the accident.

In addition to the workers’ compensation claim, there was a third-party personal injury claim that settled for millions of dollars.

The settlement proceeds from the personal injury and workers’ compensation settlements were placed in a special needs trust to protect the claimant’s Medicaid eligibility. By the time of the workers’ compensation settlement, the claimant had qualified for Social Security disability and Medicare.

 

$2.8 million — Tree falls on man, rendering him a partial quadriplegic

Type of action: Workers’ compensation

Attorney for plaintiff: Stephen T. Harper, Richmond

Case summary: The claimant sustained injuries by accident in 2013. While working as a truck driver, a tree fell on top of him and his vehicle, rendering him a partial quadriplegic.

The claimant hired counsel in 2022 around the time his 500 weeks of lost wages were exhausted. At mediation, the claim was settled for $2.8 million. At the time of the settlement the carrier had paid the claimant $292,000 in lost wages and paid $2.049 million in ongoing medical benefits.

The claimant’s plan after settlement was to leave Virgina and move to Maryland to purchase a house for him and his adult daughter and her family. Out of the settlement an MSA was funded as an annuity to satisfy the $301,000 MSA required by Medicare.

The settlement is believed to be the fifth-largest workers’ compensation settlement in Virginia history.

 

$2.75 million — Motorist dies when she hits truck stopped in road with no warning

Type of action: Motor vehicle negligence

Court: Fairfax County Circuit Court

Name of mediator: Justice LeRoy F. Millette Jr. (Ret.)

Attorneys for plaintiff: Edward L. Weiner, Lawson D. Spivey and Thomas B. Walsh, Fairfax

Case summary: A commercial work truck stopped in the center of a seven-lane roadway, where Interstates 95, 385 and 495 merge. The truck stopped at night without warning signs, lights, signals or any other devices to warn oncoming drivers of its presence.

Most importantly, there was no Truck Mounted Attenuator, the lighted “arrow board” with impact absorption extensions, positioned behind the truck as required by VDOT regulations.

The plaintiff was traveling on I-495 at approximately 12:15 a.m. and collided with the rear of the truck. The plaintiff suffered blunt force trauma to the chest and was pronounced dead at the scene. Her daughter was seated next to her and survived but witnessed her mother’s death. VDOT investigated the incident and noted that the work truck was improperly stopped in a live lane of traffic with no other traffic control present.

 

$2.7 million — Driver rear-ended while on way to lunch, suffers broken femur

Type of action: Motor vehicle negligence

Attorneys for plaintiff: Gray Broughton, Zachary Grubaugh and Sharif Gray, Richmond

Case summary: The plaintiff was on her way to lunch waiting at a stop light when she was hit by a commercial pickup truck traveling in the opposite direction. The pickup truck drove over the median and hit the plaintiff’s vehicle head-on. The plaintiff suffered a broken femur, torn knee ligaments, multiple lacerations and a mild traumatic brain injury. The extent of the brain injury was not known until more than two years after the collision after prior plaintiff’s counsel was terminated. Liability was contested by both the defendant driver and the defendant corporation.. The plaintiff rejected the defendants’ request to mediate the case. The plaintiff also waived all economic damages. The case settled for $2.7 million one day before the plaintiff’s time-sensitive demand for that amount expired, which was three months before trial.

 

$2.65 million — Plaintiff hospitalized, suffers lingering emotional issues

Type of action: Negligence and tort

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

Attorneys for plaintiff: John C. Shea, Tara A. Enix and Edward E. Scher, Richmond; Andrea Carver, Petersburg

Case summary: The plaintiff sustained injuries requiring hospitalization and follow-up care. The plaintiff made a good physical recovery but continues to suffer from lingering emotional issues.

Medical illustrations and demonstrative exhibits were prepared for trial by ALCAR, Inc., Medical Management Resources, and AMICUS Visual Solutions. Focus groups were conducted.

The parties participated in two mediations over a six-month period with Judge Michael Allen (Ret.) and Michael Harman.

 

$2.5 million — Passenger injured in trucking accident

Type of action: Motor vehicle negligence

Name of mediator: Judge Larry Kirksey (Ret.)

Attorneys for plaintiff: John Cooper, Griffin O’Hanlon and Bailey Gifford, Norfolk; John Fisher, New York, New York

Case summary: This settlement stemmed from an unusual trucking accident sequence on a major Virginia highway. Plaintiff was a passenger, but liability was contested. The defense claimed a sudden emergency and that plaintiff’s host driver was exclusively at fault.

 

$2.5 million — Plaintiff: Twins stillborn following mismanagement of pregnancy

Type of action: Medical malpractice

Attorneys for plaintiff: Travis W. Markley, Richard L. Nagle and Heather E. Zaug, Reston

Case summary: The plaintiff presented to the defendant obstetrical practice for management of her first pregnancy, A prenatal ultrasound revealed a monochorionic, diamniotic twin pregnancy.

Despite the plaintiff’s monochorionic, diamniotic twin pregnancy, the first defendant obstetrician failed to refer her to a maternal-fetal medicine specialist, failed to schedule and perform appropriate antenatal fetal surveillance and repeatedly failed to document that the plaintiff had a monochorionic, diamniotic twin pregnancy.

The plaintiff was evaluated by the second defendant obstetrician when she returned to the defendant obstetrical practice. Based on the incorrect assumption that she had a dichorionic, diamniotic twin pregnancy, the second defendant obstetrician did not schedule delivery of the twins prior to 38 weeks gestation.

The plaintiff returned to defendant obstetrical practice after experiencing decreased fetal movement. An ultrasound revealed that no fetal heartbeat was present for either twin. The plaintiff underwent a cesarean delivery, culminating in the stillbirth of her two sons.

 

$2.5 million — Army mechanic discharged after injury in car accident

Type of action: Motor vehicle negligence

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

Attorneys for plaintiff: Griffin M. O’Hanlon and F. Daniel Mazzio, Norfolk

Case summary: The plaintiff suffered a dislocated shoulder when the defendant attempted to make a U-turn into plaintiff’s direction of travel despite having a solid green light that required him to yield to oncoming traffic. A collision ensued, resulting in significant damage to both vehicles.

The plaintiff was placed under anesthesia for reduction of his shoulder dislocation. Later imaging studies revealed he also suffered a torn labrum that required surgical repair.

After three shoulder procedures, the plaintiff continued to suffer significant range of motion deficits and weakness. As a result, the U.S. Army submitted plaintiff to a medical review board which found him to be physical unfit for continued service and issued him an honorable discharge. Plaintiff had intended to continue service in the army until reaching full military retirement age.

Initial mediation was unsuccessful, but continued efforts by Judge Thomas Shadrick (Ret.) facilitated settlement in the weeks preceding trial.

 

$2,373,862 — HVAC employee paralyzed from waist down after tumbling through roof

Type of action: Workers’ compensation

Attorney for plaintiff: Stephen T. Harper, Richmond

Case summary: The claimant was a 25-year-old man who suffered a fall through a roof while working in an attic for an HVAC company. As a result of the fall through the roof, the claimant was paralyzed from the waist down.

The claimant lived in a rural location by himself prior to the accident. He was unable to get a wheelchair into his house because it was old, and the doorways were not wide enough. The claimant’s law firm got involved and was able to get the workers’ compensation carrier to voluntarily pay for a handicap accessible room in a hotel a short distance from his house and get him lined up with medical care in Virginia near where he was located.

Because of the housing issue, the parties decided to attempt a settlement mediation to resolve the case.

The carrier agreed to pay an additional sum of money in cash.

 

$2,353,504.41 — Chemical manufacturer’s employee injured in 14-foot fall onto ground

Type of action: Workers’ compensation

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

Attorneys for plaintiff: Craig B. Davis, Elliott M. Buckner and Scott Bucci, Richmond

Case summary: The plaintiff had worked for his employer, a chemical manufacturer, for 39 years. The incident occurred when the defendant truck driver drove off from the loading bay while the plaintiff was still loading chemicals into the hopper on top of his hazardous materials trailer. The plaintiff fell onto a safety cage, landed on top of the trailer, and then dropped approximately 14 feet to the ground.

The plaintiff suffered multiple severe injuries, including a brain bleed, followed by multiple strokes that resulted in a traumatic brain injury and complicated compound fractures to the right wrist resulting in four surgeries and bone graft and fusion.

There were significant liability issues related to both the defendant driver’s knowledge of the plaintiff’s presence on top of the truck and plaintiff’s contributory negligence. The personal injury case settled for $2 million. The workers’ compensation claim settled shortly thereafter for a lien reduction of $353,504.41.

 

$2.35 million — Diabetic plaintiff: Insulin not administered

Type of action: Medical malpractice

Name of mediator: Judge Michael Gamble (Ret.)

Attorneys for plaintiff: Les S. Bowers and J. Greg Webb, Charlottesville; Anthony M. “Tony” Russell, Roanoke

Case summary: The plaintiff had Type I diabetes with an insulin pump after she had a total pancreatectomy. She was admitted to the hospital with a suspicion for community-acquired pneumonia. There was no documented plan regarding the insulin pump, no evidence of glucose monitoring despite physician orders and no evidence that physician’s orders for telemetry and continuous pulse ox were followed. Defendants failed to monitor her blood glucose levels for nearly 48 hours, failed to administer any insulin and failed to check her insulin pump to see what, if any, insulin it was administering.

After roughly 48 hours in the hospital, she was found “slumped over” and blue-colored. When POC glucose testing was done for the first time two days after admission, her blood glucose level exceeded the ability of the meter to read it.

The case settled at mediation after written discovery but prior to depositions.

 

$2.35 million — Patient receives carbon dioxide instead of oxygen, dies days later

Type of action: Medical malpractice

Attorneys for plaintiff: Stephanie E. Grana and Scott Bucci, Richmond

Case summary: The plaintiff’s decedent, a 65-year-old recently retired woman, died after suffering hypoxic respiratory failure following a bronchoscopy performed at a Virginia hospital.

During the code blue, it was determined that the bag valve mask was erroneously connected to carbon dioxide instead of oxygen. Although the error was discovered and corrective measures were initiated, the plaintiff’s decedent had been without oxygen for 12 minutes.

She died five days later and is survived by her husband of almost 18 years and two adult daughters.

 

$2.3 million — Mother, 32, dies in collision with commercial vehicle

Type of action: Motor vehicle negligence

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

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

Case summary: This case involved the death of a 32-year-old single mother of two girls who was killed when struck by a commercial vehicle while driving to work on a rural road.

The defendant vehicle attempted a left turn, pulling out in front of the plaintiff, causing a collision. She was trapped in her vehicle for over 30 minutes while both passersby and rescue personnel tried to assist her. Video of both the collision and the plaintiff in her vehicle struggling to breathe following the collision was powerful evidence for the case.

The defense raised the issue of contributory negligence because the decedent was driving at 67 mph in a 55-mph zone.

The plaintiff retained a child psychologist to testify as to the long-term challenges the young daughters face due to the loss of their mother. Annuities were utilized to provide financial security for the two children.

 

$2.3 million — Funeral guest trips and falls on stairs at club, suffers fractures

Type of action: Premises liability

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

Attorneys for plaintiff: Ward Marstiller and Christopher Spinelli, Richmond

Case summary: The plaintiff was attending a funeral reception with her husband as guests at a private club when she fell down an exterior flight of stairs leading to an outdoor courtyard.

The plaintiff claimed she was at or near the top of the stairs when she lost her balance and cascaded down the steps, almost to the courtyard below.

The plaintiff alleged that the contractor who built the stairs violated multiple building codes due to non-uniformity of step height and depth. The top step riser and tread were shorter than the rest of the step risers and treads, which constituted a known fall hazard within the construction industry.

The plaintiff alleged that the club owner negligently failed to remedy or warn about this fall hazard. The plaintiff’s claim was corroborated by deposition testimony from both the contractor and club staff.

 

$2 million — Man alleges delayed diagnosis of prostate cancer by urologist

Type of action: Medical malpractice

Attorneys for plaintiff: Scott M. Perry and Nicholas Stamatis, Arlington

Case summary: The plaintiff obtained his urological care from defendant urologist for many years. In 2021, the plaintiff was diagnosed with metastatic prostate cancer. The plaintiff alleged that defendant urologist failed to properly monitor his PSA levels over time, claiming the standard of care required that no later than 2018, based on his PSA levels, testing such as MRI or biopsy was required, which would have identified the cancer while it was curable.

The defendant urologist claimed that the plaintiff’s PSA levels naturally fluctuated, and such fluctuation was normal for the patient. The defendant claimed that plaintiff did not develop prostate cancer until after 2018. Thus, even if testing was done in 2018 or earlier, it would not have identified cancer.

An early mediation was unsuccessful. As the trial approached, a settlement of $2 million was reached.

 

$2 million — Shopper sustains severe injury when detergent bottle hits leg

Type of action: Premises liability

Attorneys for plaintiff: Justin Sheldon, Geoff McDonald and Theodore W. Briscoe III, Richmond

Case summary: The plaintiff was checking out at a retail establishment when the clerk pushed a large bottle of detergent onto the plaintiff’s leg. The heavy bottle caused immediate trauma and acute pain in the plaintiff’s right calf at the point of impact.

Initially, the plaintiff ignored the pain, but worsening symptoms led her to seek emergency care. A hematoma was identified, and she was discharged with pain medication and care instructions.

The hematoma later burst, prompting further medical evaluations. Multiple visits to emergency rooms and wound care centers followed, revealing severe complications. The plaintiff underwent several surgical procedures as the wound became increasingly complex, exposing muscle and requiring extensive care.

After multiple surgeries and careful management, she received an autograft to close the wound. She developed infections and experienced graft loss.

Despite ongoing medical management, her condition deteriorated, culminating in a significant decline during her last appointments before she died.

 

$2 million — Spinal cord injury occurs at work

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Attorneys for plaintiff: Corey R. Pollard and K. Brent Jones, Richmond

Case summary: The claimant suffered a spinal cord injury in a workplace accident in 2017. Numerous disputes arose during the litigation, with the claimant receiving various awards for wage loss payments and medical benefits before the parties negotiated a $2 million settlement. The lump sum payment is in addition to more than $2.45 million in benefits the insurer had paid to or on the claimant’s behalf.

 

$2 million — Man’s death blamed on delayed diagnosis of pancreatic cancer

Type of action: Medical malpractice

Attorneys for plaintiff: Charles J. Zauzig III and Melissa G. Ray, Woodbridge

Case summary: The plaintiff presented to an emergency room with a chief complaint of right-sided flank pain. As part of the workup, the defendant ordered a CT of the abdomen and pelvis without IV contrast.

The radiologist reported the impression in part as a relative solid-appearing lesion in the pancreatic tail and recommended a non-emergent CT of the abdomen with IV contrast.

The defendant’s clinical impression was a urinary tract infection, and the patient was discharged home with a prescription to address the UTI.

The plaintiff left the ER without any knowledge of a suspicious lesion on the pancreas showing on the CT and the need for follow-up after that finding.

Approximately 18 months later, the plaintiff began to experience right upper quadrant pain and nausea intermittently. A CT of the abdomen and pelvis showed a large mass in the pancreas.

The plaintiff was diagnosed with Stage IV pancreatic cancer and died at age 57.

 

$1.975 million — Driver: Rear-end collision led to cognitive defects, minor TBI

Type of action: Motor vehicle negligence

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

Attorneys for plaintiff: Stephen M. Smith, C. Stewart Gill and David B. Holt, Hampton

Case summary: The plaintiff was driving on Interstate 64 when she was rear-ended by the defendant, who was operating a company vehicle. The focus of the litigation was the plaintiff’s alleged injuries and damages.

The primary injuries alleged were permanent mild TBI and related deficits, chronic neck and low back pain, and aggravated injury to the right foot.

The first diagnosis of mTBI was two weeks after the crash. The plaintiff complained of worsening cognitive symptoms thereafter.

The plaintiff was initially out of work for two months following the crash, then returned to her job at a local bank where she continued working for more than two years after the crash.

The plaintiff was enrolled in a part-time MBA program at the time of the collision. She re-enrolled in the program two years later and was able to complete her MBA, although she had to have detailed accommodations from her brain injury specialist.

 

$1,950,160.13 — Driver pulls over, killed by truck while he’s standing on ‘shoulder’

Type of action: Motor vehicle negligence

Attorney for plaintiff: W.F. Drewry “Drew” Galalee, Richmond

Case summary: The decedent was driving his vehicle with his wife in the front seat when he pulled off the highway onto the paved shoulder. He stopped the vehicle, put on the emergency flashers, and got out of the vehicle. While standing near his vehicle, he was struck and killed instantly by a truck driver who allegedly fell asleep.

The decedent’s wife survived. They had three adult children.

The defendant’s policy paid limits, minus a small amount paid for property damage. The UIM carrier paid the rest, for a total of $1,950,160.13.

The UIM carrier waived the property damage subrogation claim to allow more money for the death case.

The wife was injured. Her claim settled for $500,000 such that all available coverage, including medical pay for the wife, was exhausted.

 

$1.85 million — Head-on collision between tractor-trailers injures driver

Type of action: Motor vehicle negligence

Name of mediator: Judge Stanley P. Klein (Ret.)

Attorneys for plaintiff: Anthony M. “Tony Russell, Roanoke; Greg Webb and Les Bowers, Charlottesville

Case summary: The plaintiff was driving a tractor-trailer on the interstate when defendants’ tractor-trailer went from the oncoming lanes into his lane, causing a head-on collision. The defendants argued that they lost control of their tractor-trailer when an SUV sideswiped it, thereby causing their tractor-trailer to go into the oncoming lanes.

The plaintiff’s original law firm did not believe there was a viable case against defendants’ tractor-trailer, so it only pursued a claim against the driver of the SUV. Thereafter, the plaintiff was referred to current counsel.

During discovery, plaintiff discovered that defendants spoliated key evidence, including their tractor and front-and-rear facing dash cameras, within a couple of months after the collision and after defendants’ consulting accident reconstruction expert performed an examination.

The plaintiff pursued sanctions for defendants’ spoliation and the trial court had not yet issued a ruling before the parties reached a settlement.

 

$1.75 million — Plaintiff: Laparoscopic surgery requires more than 20 repairs

Type of action: Medical malpractice

Attorneys for plaintiff: Lauren Ellerman, Roanoke; Jason S. Ballard, Pearisburg

Case summary: The case involved the alleged negligent performance of a laparoscopic cholecystectomy and misidentification of the anatomy.

The plaintiff required more than 20 subsequent surgical procedures and repairs and suffered significant injury.

 

$1.75 million — Spinal cord injury suffered in fall

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Name of mediator: Deputy Commissioner William R. Culbreth

Attorney for plaintiff: Jaleh K. Slominski, Lynchburg

Case summary: The claimant, a 30-year-old man, sustained a spinal cord injury and multiple traumas to his legs and his wrist as the result of a 30-foot fall.

He initially underwent surgery for an unstable L1 fracture and left wrist fracture. He suffered an incomplete starburst fracture in his back, which resulted in the use of rods, screws and cadaver bones to give him some stabilization.

The claimant spent a month in a rehabilitation facility learning to walk again and other basic skills.

The claimant is the single parent to a daughter. His main goal was to regain as much mobility as possible to care for her. After his rehabilitation, he was able to walk with the use of arm crutches for short distances.

The defendants were anticipating a light-duty work release after discussions with the treating physician.

Prior to mediation, the defendants had paid approximately $640,000 in medical benefits and indemnity.

 

$1.75 million — Diabetic plaintiff suffers third-degree burns during pedicure; surgeries follow

Type of action: Negligence and tort

Court: Chesterfield Circuit Court

Name of mediator: Judge Thomas B. Hoover (Ret.)

Attorney for plaintiff: Joseph S. Massie III, Richmond

Case summary: The plaintiff went to a spa for the purpose of receiving a pedicure. She was diabetic but it was under control, and she did not have neuropathy. After about 10 minutes in the water the plaintiff noticed that her foot was cut by a tool used by the pedicurist and that she had blisters on both feet. She immediately left the spa and went to a medical facility where she was immediately transferred to a burn unit where it was discovered that she had third-degree burns. She endured five surgeries for burns and stayed in the burn unit for four weeks. She had physical and occupational therapy. There is some debate as to whether the scarring will be permanent. There was about $11,000 in lost wages.

 

$1.7 million — 87-year-old woman dies after vehicle struck on side of state route

Type of action: Motor vehicle negligence

Court: Spotsylvania County Circuit Court

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

Attorneys for plaintiff: Michael G. Phelan and Christopher P. Yakubisin, Richmond

Case summary: The decedent, an 87-year-old woman, caused a minor auto crash at about 6:30 a.m. Following this crash, she pulled her car off the side of Route 2 in Spotsylvania. Her left rear quarter panel was sticking out slightly into the westbound travel lane and her vehicle lights were turned off. The decedent got out of her car and stood in front of it.

Minutes later, the defendant crashed his employer’s pickup truck into the decedent’s vehicle, knocking it into the decedent. The defendants denied liability, alleging contributory negligence. At the defendant’s deposition, he testified that he saw the decedent’s car from 100 yards away and immediately slammed on his brakes. The EDR download from the defendant’s truck showed that he didn’t touch his brakes within 3.5 seconds of the crash.

The decedent died about three months after the crash due to complications from her injuries.

 

$1.6 million — Virginia man who moves to Texas for job dies in motorcycle accident

Type of action: Motor vehicle negligence

Attorney for plaintiff: Scott M. Perry, Arlington

Case summary: The decedent was involved in a motorcycle accident and passed away a few hours later.

The decedent was riding his friend’s motorcycle at the time with a valid motorcycle license. Although he had recently moved to Texas, he still had a Virginia driver’s license and was still technically a Virginia resident. He had his own motorcycle in Texas, where he lived, but was visiting a friend and went for a ride. He was wearing proper gear.

The decedent was going straight through an intersection with a green light when a woman driving an SUV made a left turn and hit him. He was killed almost instantly but was revived and kept alive for several hours so his family could get to the hospital.

The decedent had recently graduated from Virginia Tech and had just begun a new job at Lockheed Martin in Texas as an aeronautical engineer.

 

$1.5 million — Deceased fetus disposed of with medical waste instead of transferred to undertaker

Type of action: Medical malpractice

Attorney for plaintiff: Avery T. “Sandy” Waterman, Williamsburg

Case summary: A mother’s fetus expired in utero. Before her scheduled removal procedure, the mother’s water broke, and she went into labor. The mother delivered in the emergency room, where she presented. Staff disposed of the fetus with medical waste, instead of transferring the fetus to the funeral home as requested by the mother.

 

$1.5 million — Motorcyclist unable to return to job after collision with truck

Type of action: Motor vehicle negligence

Court: Frederick County Circuit Court

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

Attorneys for plaintiff: Samantha Sledd and Gobind Sethi, Reston; Mark Stivers, Winchester

Case summary: The plaintiff was operating his motorcycle on a 55-mph highway in Frederick County when a work truck pulled across his lane of travel. The plaintiff was unable to stop and collided with the side of the truck at speed. He suffered multiple severe orthopedic injuries which were emergently treated with surgery.

After his initial hospital stay, he underwent multiple revision surgeries and has permanent hardware in his shoulder, wrist and lumbar spine. After many months of rehabilitation, he was left with permanent impairment in his left arm, right wrist, hip and lumbar spine. He also sustained a traumatic brain injury with ongoing cognitive deficits. The plaintiff is unable to return to his former work in construction.

The defense claimed contributory negligence due to the plaintiff’s alleged excess speed. The matter was settled in the weeks following mediation after the plaintiff’s experts were identified.

 

$1.5 million — Military pilot struck in crosswalk, suffers career-ending injury

Type of action: Negligence and tort

Attorneys for plaintiff: Allyson Kitchel, Washington, D.C.; Robert E. Byrne Jr., Charlottesville

Case summary: The plaintiff was struck by defendant’s vehicle while plaintiff was jogging in a crosswalk.

The plaintiff was diagnosed with a concussion, fractured fibula, right wrist fracture, partial ear tear and numerous abrasions.

Several months after the crash, the plaintiff, a military pilot, reported that his TBI-related symptoms had resolved. The plaintiff reported that he experienced certain concussion-related symptoms. The plaintiff was also noted to have emotional regulation difficulties.

Based on the history of his injury and some lingering symptoms, the plaintiff’s military flight status was revoked. He was nearing his retirement date from the military, and had planned and prepared to fly as a commercial pilot following his military retirement. The plaintiff claimed that his plans to be a commercial pilot were lost due to the crash, and he was prepared to request his lost earning capacity as a private pilot.

 

$1.5 million — Hospital patient dies after fall on wet floor

Type of action: Premises liability

Court: Fredericksburg Circuit Court

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

Attorneys for plaintiff: Ward Marstiller and Howard Bullock, Richmond

Case summary: The 66-year-old hospital patient was awaiting discharge. A housekeeper, employed by the defendant contractor, came into the room and mopped the floor with a wet mop during a daily clean. A few minutes later, the decedent slipped and fell on the wet floor while attempting to walk a very short distance from his bed to the bathroom in his patient room while holding an IV pole.

As a result of the decedent’s fall, his feet slipped out from underneath him and his head violently hit the floor, causing, among other injuries, a skull fracture and subdural hematoma, from which he never recovered. He was removed from life support the following day.

Liability was vigorously disputed, including whether the decedent was warned about the slippery floor prior to his fall.

 

$1.5 million — Patient not placed in psych unit; later escapes, dies walking on roadway

Type of action: Medical malpractice

Attorney for plaintiff: Alexandra Humphreys, Harrisonburg

Case summary: A woman with a history of well-controlled schizoaffective disorder, anxiety and depression began to experience a psychiatric decline after running out of her prescription medications. The woman’s mother observed the woman experience apparent hallucinations and brought her to a nearby hospital. She was placed in an emergency department room with orders for “close watch” precautions. Providers agreed that the woman posed an imminent danger to herself and should be placed on an involuntary hold in the secure psychiatric unit. The hospital’s on-call psychiatrist declined to approve her transfer to the psychiatric unit, opining that she did not meet the criteria for admission.

The woman escaped from her unlocked room twice. The second time, she walked out of the hospital building, through the hospital campus, and onto a major road. She wandered down the middle of the roadway for nearly two miles before being struck and killed by a vehicle.

 

$1.48 million — Executive chef injured after slipping off stepstool in walk-in freezer

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Attorney for plaintiff: Craig B. Davis, Richmond

Case summary: The claimant, who worked as an executive chef, slipped off a stepstool in the walk-in freezer and fell. She struck her head on the freezer door and stuck out her left wrist to break her fall. She was diagnosed with a traumatic brain injury and a TFCC tear in her left wrist. Following wrist surgery, she developed severe complex regional pain syndrome in her left arm. After the initial mediation was unsuccessful, the case resolved following several emailed status updates requested by the mediator. The carrier paid more than $520,000 in benefits prior to the settlement.

 

$1.4625 million — Falling heavy pallet leaves worker with brain, head and psychological injuries

Type of action: Workers’ compensation

Court: Norfolk Circuit Court, Virginia Workers’ Compensation Commission

Name of mediators: Judge Thomas B. Hoover (Ret.), Deputy Commissioner R. Temple Mayo

Attorneys for plaintiff: Craig B. Davis, Elliott M. Buckner and Scott Bucci, Richmond

Case summary: The plaintiff suffered severe brain injury, head injury and psychological injuries when an improperly loaded pallet of cargo weighing more than 1,500 pounds fell on top of him after he unsealed his trailer at the customer’s depot. The plaintiff experienced a reduced level of consciousness and became nonresponsive over the following days.

The plaintiff’s treating physician diagnosed a traumatic brain injury and “emotional shock syndrome,” a condition he likened to shell shock. When the doctor concluded the plaintiff could not consent to treatment due to his reduced consciousness, his wife was appointed his guardian and conservator.

In addition to the defense’s challenging the extent of the plaintiff’s injuries, the personal injury case faced significant liability issues related to provisions of the Federal Motor Carrier Safety Regulations imposing the duty to inspect and secure cargo on the driver.

 

$1.4 million — Man dislocates knee, suffers deep bite wound, infection in dog attack

Type of action: Negligence and tort

Court: Prince William County Circuit Court

Attorneys for plaintiff: John C. Shea, Berkley D. Foltz and Robin M. Nagel, Richmond

Case summary: The plaintiff was at the defendants’ home within the scope of his employment for a homebuilding company. While at the home, the defendants’ dog bit the plaintiff on the right thigh without provocation. As the plaintiff attempted to get away from the defendants’ dog, he struck their kitchen island, causing his kneecap to dislocate.

The defendants knew of their dog’s aggressive and dangerous tendency to bite because the dog had previously bitten others. Despite this knowledge, the defendants failed to take any action to restrain the dog or give the plaintiff any warnings.

The bite wound was deep, resulting in significant complications including nerve damage, a deep space infection in the right leg, arm weakness and pain, chronic pain, traumatic compartment syndrome of the right leg, post-traumatic stress disorder and depression. The plaintiff required multiple operations and procedures to treat his injuries.

The plaintiff received workers’ compensation benefits for the injuries.

 

$1,373,689.09 — Pedestrian struck by vehicle, sustains TBI

Type of action: Motor vehicle negligence

Court: Fairfax County Circuit Court

Attorneys for plaintiff: Steven Frei and Matthew Roberson, Fairfax

Case summary: The plaintiff was crossing a residential street in Springfield when she was struck by the defendant’s car near the center of the roadway. The accident was captured by a third party on a GoPro device. The force of the impact knocked the plaintiff to the ground. The defendant did not see plaintiff crossing the road, and she did not brake prior to impact. The defendant pled nolo contendere to a charge of failure to pay full time and attention. Liability remained in dispute.

The plaintiff sustained a concussion, and she developed post-concussive syndrome and associated, permanent cognitive deficits. These injuries rendered her unable to return to work as an occupational therapist. The parties agreed to resolve the case through arbitration.

 

$1.35 million — Motorcyclist fractures leg in Chesterfield County collision

Type of action: Motor vehicle negligence

Court: Chesterfield County Circuit Court

Attorney for plaintiff: John Newby, Richmond

Case summary: The case involved a motor vehicle collision that occurred in Chesterfield County. The 19-year-old plaintiff was riding his motorcycle and making a left turn when the defendant ran a red light and struck him in a T-bone collision. The defendant, who had initially stopped for the red light, mistakenly believed it had turned green and accelerated into the intersection.

The plaintiff suffered injuries including a displaced comminuted fracture of the right femur’s mid diaphysis and an intraarticular fracture of the lateral femoral condyle in the left knee. The injuries required three significant surgeries.

Despite the severity of his injuries, the plaintiff achieved a good recovery following his third surgery and is doing well.

Following depositions of the parties, a policy limits demand was made. Both insurance carriers promptly tendered their full policy limits, resulting in a total settlement of $1.35 million.

 

$1.35 million — Sheriff’s deputy suffers stroke in exercise involving pepper spray

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Name of mediator: Commissioner William L. Dudley Jr. (Ret.)

Attorney for plaintiff: Peter G. Irot, Roanoke

Case summary: As a Bedford County sheriff’s deputy, the plaintiff was participating in a standard law enforcement training exercise, which involved being sprayed with pepper spray directly in the eyes at arm’s length. He suffered a stroke almost immediately thereafter.

The stroke impaired the plaintiff’s brain function and his left arm and leg. He had to undergo multiple surgeries.

The defendants asserted various workers’ compensation defenses, including lack of causation.

The plaintiff’s attorneys obtained a favorable medical causation opinion from his treating surgeon. The case settled at mediation for $1.35 million, part of which was to be paid as an annuity.

 

$1.3 million — Motorcyclist dies in collision with turning vehicle in Virginia Beach

Type of action: Motor vehicle negligence

Attorneys for plaintiff: Jeffrey Breit and Kevin Biniazan, Virginia Beach

Case summary: On Nov. 5, 2022, the decedent was riding her motorcycle eastbound on Bonney Road in Virginia Beach when the defendant, driving westbound, attempted a left turn resulting in a collision with the decedent. The collision caused the decedent’s death.

The matter resolved for the full extent of insurance coverage without significant litigation.

 

$1.3 million — Brain bleeds suffered in car crash

Type of action: Motor vehicle negligence

Court: Prince William County Circuit Court

Attorney for plaintiff: Justin W. Curcio, Alexandria

Case summary: The plaintiff was in her early 30s when she was violently rear-ended by a corporate defendant. She was trapped in her vehicle and had to be extracted by EMTs.

Despite the severity of the crash and being transported by EMTs, no imaging was performed of the plaintiff’s head at the emergency room. As headaches persisted, she was seen two days later, when CT scans were taken that revealed extracranial and intracranial bleeds.

The plaintiff was monitored and no surgery was needed. The brain bleeds resolved but encephalomalacia was further discovered as a result of the crash.

 

$1.25 million — Medical transport passenger dies after van engulfed in flames

Type of action: Negligence and tort

Court: Charles City County Circuit Court

Attorneys for plaintiff: John C. Shea, Tara A. Enix and Roger A. Creager, Richmond; Mark S. Lindensmith, Staunton

Case summary: The decedent was a physically and mentally disabled woman riding in the front seat of a non-emergency medical transport van. As the defendant driver was traveling on Interstate 85, the van he was driving caught on fire. The fire spread rapidly, and the van was soon engulfed in flames.

The defendant driver got himself out of the van, leaving the decedent in the front seat. A passerby pulled over, extricated the decedent from the van and drove her to the nearest hospital. The decedent sustained severe burns in the fire. She remained hospitalized for one month before her death.

Liability was disputed. The defendants alleged the van caught fire because a piece of metal fell from a vehicle and struck the van’s gas tank, causing the van to catch fire. The plaintiff alleged that the fire occurred due to poor maintenance of the van, which was corroborated by a former employee.

 

$1.25 million — Woman suffers complex fracture in fall in workplace locker room

Type of action: Slip, trip and fall

Attorneys for plaintiff: Kevin Biniazan, Virginia Beach; Sarah Sauble, Richmond

Case summary: The plaintiff slipped and fell in the women’s locker room at the manufacturing plant where she worked. She suffered a complex fracture of her left ankle that required three surgeries prior to trial.

The plaintiff identified a third-party contractor responsible for the cleaning services at the manufacturing plant to provide an avenue of recovery beyond workers’ compensation. The plaintiff alleged an employee of the defendant mopped the locker room floor shortly before plaintiff entered the room, which doubled as a restroom. The defendant denied having mopped the floor immediately prior to the plaintiff entering the locker room.

Prior to trial, the defendant filed a plea in bar to dismiss for lack of subject matter jurisdiction. That matter was briefed and argued before the circuit court. The court denied the defendant’s plea in bar and a failed mediation followed. The case settled approximately one month prior to the commencement of trial.

 

$1.25 million — Driver suffers several fractures when vehicle struck head-on

Type of action: Motor vehicle negligence

Court: Northampton County Circuit Court

Attorneys for plaintiff: Jim Hurley and Bill O’Mara, Norfolk

Case summary: The plaintiff was traveling on Route 13 in Cape Charles when the defendant crossed the median, striking the plaintiff’s vehicle head-on. The plaintiff suffered catastrophic orthopedic injuries, including fractures to the femur, second and third lumbar vertebrae, radius, tibia, fibula and foot.

A life-care plan was prepared presuit, along with an American Medical Association whole body impairment rating. Several “day-in-the-life” videos of the plaintiff and close friends were also conducted.

A pre-suit demand package, including medical illustrations, was initially ignored by State Farm, so a lawsuit was filed in Northampton County Circuit Court. Upon receiving a courtesy copy of the complaint, the insurance company tendered its policy limits of $1.25 million before its defense counsel entered an appearance.

 

$1.25 million — Son loses control of car, hits tree in DWI crash; father injured

Type of action: Motor vehicle negligence

Attorney for plaintiff: Seth Lindberg, Leesburg

Case summary: The case was complicated by the fact that the adult son of the plaintiff was the tortfeasor. The two enjoyed a close familial relationship prior to the collision and continue to be close post-accident.

The plaintiff and his son visited a bar after attending an evening meeting together and drank together until 1 a.m. Upon leaving the bar, the son drove his vehicle with his parent as a front seat passenger. Shortly thereafter, the son lost control of the vehicle and struck a tree, seriously injuring his father.

The son subsequently pleaded guilty to DWI. The plaintiff father underwent years of treatment, including multiple surgeries, lengthy hospitalizations, inpatient rehabilitation, and physical therapy.

Although the plaintiff’s medical treatment has largely concluded, he is at an increased risk of needing additional corrective surgery.

The case settled with the insurance carrier for policy limits before the tortfeasor was served with the complaint.

 

$1.212 million — Plaintiff sustains multiple injuries in head-on collision on Route 122

Type of action: Motor vehicle negligence

Court: Bedford County Circuit Court

Attorney for plaintiff: William P. Davis, Rocky Mount

Case summary: The plaintiff was hit head-on on Route 122 in Bedford County. The plaintiff was taken by ambulance to a local hospital where he was treated for multiple traumas including a pelvic fracture, fractured femur, right knee fracture and multiple rib fractures. He spent 10 days in the hospital and was then transported home. He also required intensive physical therapy for several months after the accident. The plaintiff continues to have physical limitations because of this accident.

 

$1.2 million — Confidential settlement reached for pedestrian hit by public transport vehicle

Type of action: Motor vehicle negligence

Attorneys for plaintiff: Kevin Biniazan and Jeffrey Breit, Virginia Beach

Case summary: This case involved a pedestrian who was struck by a public transportation vehicle. The collision left the pedestrian severely harmed. The plaintiff agreed to a confidential settlement of $1.2 million for injuries suffered as the collision.

 

$1.2 million — Driver injured in head-on accident

Type of action: Motor vehicle negligence

Court: Virginia Beach Circuit Court

Name of mediator: Judge Jack Doyle (Ret.)

Attorney for plaintiff: Carlton F. Bennett, Virginia Beach

Case summary: The defendant was operating his motor vehicle in Virginia Beach. As he rounded a curve, he negligently drove off the roadway, corrected his vehicle and came back in the roadway, striking the oncoming vehicle being driven by the plaintiff head-on. The defendant claimed the sun was in his eyes.

The plaintiff suffered fractures to her wrist and ankle requiring surgical plates and screws. She had a large gash on her forehead with trap door defect with future revision surgery that will cost $5,000. She suffered a mild traumatic brain injury and underwent extensive speech and occupational therapy. The plaintiff was able to return to work and was promoted to office manager after the accident.

 

$1.2 million — Patient sustains Stage IV pressure sore after undergoing surgery to her neck

Type of action: Medical malpractice

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

Attorneys for plaintiff: Anthony M. “Tony” Russell, Roanoke; Les Bowers, Charlottesville

Case summary: Plaintiff underwent neck surgery, after which she was found to have quadriparesis. She was transferred to inpatient rehabilitation, three days after which she was found to have a red spot on her sacrum that worsened over the next days to a Stage IV sacral pressure sore. The plaintiff stated that the hospital’s inpatient rehabilitation staff were negligent for not turning and repositioning her every two hours as ordered and by not timely instituting pressure relieving products. The hospital argued that, contrary to its records, its staff did turn and reposition plaintiff every two hours as ordered and timely instituted pressure relieving products. The hospital argued that the plaintiff’s pressure sore was unavoidable. Before suit was filed, the parties appreciated that settlement discussions were appropriate. The matter did not resolve during mediation but continued efforts post-mediation resulted in the settlement.

 

$1.2 million — Employee severs arm in auger accident

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Name of mediator: Gregory O. Harbison

Attorney for plaintiff: Craig B. Davis, Richmond

Case summary: The claimant, employed as an applicator for a multi-state agricultural services company, was using an augur tender to apply fertilizer at a farm in Surry. When excessive moisture in the fertilizer jammed the auger blades, the claimant shut off the power and climbed underneath the hopper with a longboard to loosen the fertilizer. Unaware of the claimant’s positioning, a coworker turned the auger back on. The energized auger pulled the board and the claimant’s right arm into the blades, resulting in the traumatic amputation.

The claimant was transported to the hospital where multiple surgeries were performed to stabilize the injury, including an above-the-elbow amputation.

The claimant returned to work for the employer within four months of the accident. At the time of the settlement, he was earning more than his pre-accident salary. The employer’s vice president waived the standard settlement term requiring the claimant to resign.

 

$1.2 million — Plaintiff says bladder injured during abdominal hysterectomy, repair required

Type of action: Medical malpractice

Court: Fredericksburg Circuit Court

Attorneys for plaintiff: Howard Bullock and William Kilduff, Richmond

Case summary: The plaintiff went to see the defendant gynecologist with complaints of chronic female pelvic pain and complex ovarian cyst.

Thereafter, an abdominal hysterectomy was planned. During the procedure, the defendant gynecologist sutured the entire posterior wall of the bladder to the vaginal cuff. The defendant gynecologist failed to realize that the bladder had been sutured to the vaginal cuff and continued with closing the operation. After the surgery, there was continued presence of frank blood in the plaintiff’s urine postoperatively and marked decline in urine output.

The plaintiff was taken for a cystogram which revealed a tear in the bladder. That same day the plaintiff had emergency surgery where it was discovered that the entire posterior wall of the bladder had been obliterated and ruptured from being incorporated into the closure of the vaginal cuff. The plaintiff’s bladder was surgically repaired with a reduced bladder capacity.

 

$1.2 million — Plaintiff: Removal of safety feature to blame for broken leg, surgeries

Type of action: Premises liability

Attorney for plaintiff: Douglas B. Wessel, Reston

Case summary: The plaintiff suffered a fractured femur at a retail establishment.

After the first surgery, the plaintiff suffered a nonunion. A renowned New York surgeon performed a second surgery with good recovery.

The plaintiff filed a premises liability action. The plaintiff’s counsel deposed the defense liability expert, who admitted that, years earlier, the defendant’s management had decided to remove a critical safety feature that would have prevented the accident.

The plaintiff settled for $1.2 million two days before the scheduled jury trial. Against counsel’s advice, the plaintiff agreed to the requested confidentiality of the persons and entities involved.

 

$1,196,054.68 — Driver injured in collision with oncoming tractor-trailer

Type of action: Motor vehicle negligence

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

Attorneys for plaintiff: Matthew W. Broughton, Jared A. Tuck and Abby M. Broughton, Roanoke

Case summary: The plaintiff was traveling uphill on his way home from work. A truck driver was traveling downhill in the opposite direction on the same road. The truck driver suddenly lost control of his tractor-trailer, causing the commercial motor vehicle to overturn, cross the median and crash into the plaintiff’s car.

The plaintiff was diagnosed with multiple injuries at the hospital. The plaintiff’s primary injury was his comminuted left femur fracture, which required surgical intervention.

A Virginia State Police inspection revealed that the tractor-trailer’s brakes were in violation of numerous Federal Motor Carrier Safety Regulations. The brakes on both the tractor and the trailer were found to be in violation of the FMCSRs.

The parties reached a resolution prior to a complaint being filed, whereby the motor carrier’s insurer tendered all of its remaining coverage and the intermodal equipment provider’s insurer contributed an additional $200,000 toward settlement.

 

$1.175 million — Plaintiff: Cardiologist misread EKG

Type of action: Medical malpractice

Attorneys for plaintiff: Brewster Rawls and Peter Anderson, Richmond

Case summary: The decedent presented to his primary care doctor with concerns for new onset chest pain that radiated to his arms and shoulders. The primary care physician ordered an EKG, which revealed concerning cardiac signs and a high risk for heart attack. The primary care physician referred the decedent to the defendant cardiologist.

The defendant cardiologist misread the EKG and concluded the decedent’s symptoms were likely gastrointestinal.

Eight days later, the decedent underwent a stress echocardiogram. The results were technically nondiagnostic, but the EKG showed signs of a left bundle branch block. The defendant cardiologist informed the decedent that his symptoms were not cardiac related and advised him to follow up with his primary care physician.

Three weeks later, the decedent suffered a cardiac arrest while driving his car. At the hospital, the decedent was diagnosed with a heart attack and an anoxic brain injury. The decedent died from his injuries.

 

$1.15 million — Plaintiff: Product leads to chronic neuropathy and degloving injury

Type of action: Products liability

Attorneys for plaintiff: Matthew W. Broughton and Evans G. Edwards, Roanoke

Case summary: On May 3, 2021, the plaintiff was using a product when his left lower leg was injured. A tourniquet was applied, and the plaintiff had to undergo emergency surgery to control the bleeding.

The plaintiff eventually underwent multiple fasciotomies and excisional debridements of his lower leg tissue. After months of rehabilitation, the plaintiff was released to sedentary duty with permanent work restrictions.

The plaintiff pursued negligence and implied warranty claims as to design and manufacturing defects against the manufacturer and the seller. The case was vigorously defended on liability.

 

$1.125 million — Long-haul driver struck by car while walking across parking lot

Type of action: Motor vehicle negligence

Name of mediator: Michael E. Harman

Attorney for plaintiff: David M. Williams Jr., Fredericksburg

Case summary: The plaintiff, a long-haul independent truck driver, was injured in a motor vehicle collision. He was a pedestrian at the time and walking through the parking lot of a gas station when he was struck by another vehicle.

As a result of the collision, the plaintiff sustained injuries to his neck, back, ribs and left leg and was diagnosed with a tibia fracture, C6-C7 fracture, T-3 compression fracture and multiple rib fractures.

During his hospital admission, he underwent surgery to address the leg and neck fractures. The plaintiff was then transferred to an inpatient rehabilitation facility for a short stay.

The remainder of the plaintiff’s treatment was limited and consisted of presentation to his primary care physician, a short course of physical therapy, and a neurosurgeon visit who confirmed his fractures had healed.

Although the case did not resolve on the day of mediation, it did resolve a month later.

 

$1.1 million — Lifelong athlete injures knee in collision with tractor-trailer

Type of action: Motor vehicle negligence

Court: U.S. District Court for the Eastern District of Virginia

Name of mediator: Judge Robert W. Wooldridge Jr. (Ret.)

Attorneys for plaintiff: Amy L. Bradley and Juli M. Porto, Fairfax

Case summary: The plaintiff, a lifelong athlete and father of two, suffered serious injuries when the driver of a Freightliner tractor hauling a dual-wheel dolly changed lanes and crashed into plaintiff’s vehicle at highway speed along Interstate 66 eastbound. The impact of the tractor-dolly combination sent the plaintiff’s truck spinning across the interstate and caused it to smash into two Jersey walls before finally coming to a stop in the right travel lane.

The plaintiff sustained permanent injuries to his left knee and underwent a partial knee replacement and a total knee replacement. The plaintiff underwent conservative treatment for his back for years following the crash.

The defense expert opined that all treatment in the first two months following the crash were causally unrelated to the crash, including both knee surgeries.

Trial was scheduled before Senior Judge Claude M. Hilton. The case resolved at mediation prior to trial.

 

$1.1 million — Delayed evaluation of heart attack symptoms blamed for man’s death

Type of action: Medical malpractice

Attorneys for plaintiff: Travis W. Markley, Richard L. Nagle and James N. Knaack, Reston

Case summary: The decedent experienced chest pain and shortness of breath while raking leaves in his yard.

He presented to the local emergency department for evaluation. The emergency department staff immediately took his vitals and performed an EKG. Upon completion of the initial evaluation and EKG, the decedent was placed in a wheelchair and sent back to the waiting area.

The defendant emergency department physician reviewed the EKG report within five minutes and noted the computer interpretation of the EKG as “abnormal.”

The emergency department physician did nothing to further evaluate or treat the decedent.

The decedent’s condition deteriorated while he was in the waiting area. His breathing became agonal, he vomited multiple times and he ultimately lost consciousness.

Despite nearly an hour of CPR efforts, the decedent did not recover and he was pronounced dead.

The case was resolved following the plaintiff’s designation of experts and before the defense designation deadline.

 

$1,083,224,56 — Passenger in sleeper compartment hurt when tractor-trailer overturns

Type of action: Workers’ compensation

Attorney for plaintiff: The claimant was injured while traveling for work. He was in the sleeper compartment in a tractor-trailer being driven by his coworker. The coworker fell asleep, lost control of the vehicle and the tractor-trailer overturned.

The claimant was trapped in the sleeper section of the tractor-trailer. He suffered a significant injury to his leg, which required ongoing vascular care treatment to ensure that he did not lose his leg. The doctors were able to save his leg and ultimately because of their efforts the compensation carrier paid approximately $1.3 million in lost wages and/or medical care prior to the settlement.

The parties mediated the case and were successful at settling for $625,000 plus an additional $458,000, which funded a future medical cost set aside for claimant for a total settlement of $1,083,224.56.

 

$1.025 million — Car accident victim: highly intoxicated defendant crossed three lanes, hit her

Type of action: Motor vehicle negligence

Court: Loudoun County Circuit Court

Attorneys for plaintiff: Robert G. Rose and Timothy P. Bosson, Fairfax

Case summary: The plaintiff was driving in Ashburn around when the defendant, operating a vehicle within the scope of his employment, suddenly crossed three lanes and a road median, colliding head-on with the plaintiff’s vehicle.

The defendant was highly intoxicated at the time. Emergency responders had to extricate the plaintiff from her vehicle before rushing her to a local hospital. The plaintiff spent 23 days in the hospital.

Following the crash, the plaintiff sought coverage under the commercial auto policy of the defendant’s employer. The insurer refused to provide coverage.

The plaintiff filed a civil suit against the defendant, his employer and the insurer, asserting claims of negligence and seeking a declaratory judgment on the coverage issue.

The parties reached a resolution prior to trial, with the commercial auto insurer tendering its full policy limits of $1 million, and the defendant’s personal insurer contributing an additional $25,000.

 

$1 million — Cancer patient vomited, aspirated during surgical procedure

Type of action: Medical malpractice

Attorney for plaintiff: Matthew C. Perushek, Fairfax

Case summary: The plaintiff presented to the hospital for surgery to resect colorectal cancer and was admitted for monitoring following the surgery. The surgical team placed a nasogastric tube to drain bowel contents. The NG tube was removed, and the plaintiff’s symptoms worsened. The surgical team decided that the plaintiff needed to return to the operating room to revise. Upon induction, the plaintiff immediately vomited and aspirated. Following the surgery, the plaintiff went to the ICU for treatment of ARDS and septic shock.

The defendant had edited her pre-anesthesia note three times on the day of the surgery. They showed that the defendant went into the chart after the aspiration to make changes that would deflect blame from her and onto the surgeons. After the aspiration, she added an explanation for why an NG tube was not placed.

After the versions of the note were disclosed, the defendants made their first offer in the case.

 

$1 million — Patient’s eye removed after procedure

Type of action: Medical malpractice

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

Attorneys for plaintiff: Nick Leitch, Trey Smith and Charlie Morrison, Roanoke

Case summary: The plaintiff underwent what was to have been routine cataract surgery in July 2022. The plaintiff experienced significant and excruciating pain, intraoperatively. The defendant performing the surgery completed the procedure and discharged the plaintiff.

The plaintiff was seen by the defendant multiple times over the next 30 days and complained of unrelenting, intolerable pain. The defendant neither diagnosed the plaintiff’s condition nor referred the plaintiff to other physicians for evaluation.

The plaintiff ultimately was seen by a retina specialist, who diagnosed the plaintiff as having suffered a perioperative choroidal hemorrhage. The plaintiff’s eye subsequently became infected and, despite heroic efforts by her subsequent treating ophthalmologists, the eye could not be saved and was surgically removed approximately seven months later.

 

$1 million — Employee accused of not securing quadriplegic riding in medical van

Type of action: Negligence and tort

Attorney for plaintiff: Robert C.T. Reed, Richmond

Case summary: A medical transport company employee negligently failed to secure a client’s wheelchair during a non-emergency medical transport van ride, resulting in the client falling.

The decedent had been a quadriplegic for 20 years because of a progressive illness. She was able to get around in an electric wheelchair using her chin to manipulate a joystick.

At the time of the incident, she called the defendant medical transport company to pick her up and take her home from a shopping trip. The van driver was required to secure the decedent in her wheelchair using a strap that went across her waist and shoulders. The driver failed to properly secure the decedent, and she fell out of her wheelchair during the trip.

The decedent had scrapes on her face and complained of severe bilateral leg pain. The rehabilitation center transported her to the hospital where X-rays showed displaced femur fractures in both legs.

 

$1 million — Plaintiff’s vehicle strikes tree after being pushed off road

Type of action: Motor vehicle negligence

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

Attorneys for plaintiff: Kelly B. Martin and Wiley J. Latham IV, Richmond

Case summary: The plaintiff alleged that the defendant’s commercial vehicle merged into her lane on the interstate, causing her to leave the roadway and strike a small tree. The defendant denied striking the plaintiff’s vehicle and argued that the plaintiff was contributorily negligent for losing control of her vehicle because the defendant’s vehicle did not strike her vehicle.

The plaintiff’s main injuries were to her neck and post-traumatic stress disorder. The plaintiff had neck surgery less than a year after the accident. The cost of the neck surgery made up most of the plaintiff’s medical expenses.

The defendant contested both injuries and identified experts who were expected to testify that the neck surgery was related to preexisting degenerative issues, and that the PTSD symptoms were not from the crash but instead from other life stressors such as the plaintiff’s divorce.

The case was settled at mediation a month before trial.

 

$1 million — No treatment available for baby who suffered injury in delivery

Type of action: Medical malpractice

Attorneys for plaintiff: Charles J. Zauzig III and Melissa G. Ray, Woodbridge

Case summary: The plaintiff was admitted to a hospital in labor. When the head delivered, the rest of the body did not follow, so shoulder dystocia was suspected by the first-year resident obstetrician.

A senior resident stepped in and took over the delivery and testified that downward traction on the baby’s head was used on two occasions while trying to deliver the baby.

The attending physician was able to deliver the baby using a rotational maneuver, which released the shoulder.

The shoulder dystocia lasted about four minutes. The baby suffered permanent injuries at the levels of C5-C8/T1.

The baby’s range of motion and activities of daily living are affected by her permanent injuries. There is no surgery or therapy that will return her function to normal.

The case was for the baby’s claim and medical expenses, as the staute of limitations had run on the mother’s individual claim.

 

$1 million — Truck accident results in fatality; liability and negligence disputed

Type of action: Motor vehicle negligence

Court: U.S. District Court for the Western District of Virginia

Attorneys for plaintiff: Tara Tighe Umbrino, Woodbridge; Amy S. Whitelaw, Richmond

Case summary: This wrongful death settlement was for a woman who was hit and killed by a tractor-trailer.

She left behind two minor children as her beneficiaries.

Primary liability and contributory negligence were both seriously in dispute.

 

$1 million — Mother: Team failed to recognize warning signs; baby died as result

Type of action: Medical malpractice

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

Attorneys for plaintiff: Brielle M. Hunt and Jonathan M. Petty, Richmond

Case summary: The plaintiff learned she was pregnant after experiencing two prior miscarriages. She was considered at moderate to high risk for preeclampsia.

At 38 weeks, the plaintiff presented for a routine appointment. Her blood pressure was mildly elevated. Her OBGYN did not repeat her blood pressure measurement or order pregnancy-induced hypertension labs.

At her weekly prenatal appointment, PIH labs confirmed a diagnosis of preeclampsia, but she was not admitted for delivery.

During monitoring, the fetal heart tracing was Category II, showing signs of fetal distress. Her OBGYN ordered a biophysical profile, an imaging study that required her to be removed from continuous monitoring.

Before being transported, the fetal heart tracing deteriorated to Category III. The nurse did not notify the physician and sent the plaintiff for the BPP.

Upon her return to labor and delivery, fetal heart monitoring revealed the baby was bradycardic. An emergency C-section was performed, but the baby did not survive.