Case results depend on a variety of factors unique to each case. These results do not guarantee a similar result in a future case.
- Jury Awards $2.2 Million In Wrongful Death Action (2006)
- $442,500 Settlement in Auto Accident Case
- $3,500,000 Settlement in Brachial Plexus - Erb's Palsy Case
- Misdiagnosis Yields $1M Jury Verdict
- $200,000 Wrongful Death Settlement
- $750,000 Jury Verdict in Maritime Case
- Maritime Negligence - $250,000 Settlement
- Maritime Negligence Case Settles for $425,000
- $3.4 Million Auto Accident Settlement
- $628,000 Jury Verdict in Dump Truck Accident
- Judge Awards $117,710.16 in Failure to Diagnose Case
- Wrongful Death Jury Award - $235,715.00
- $2.1 million Wrongful Death Jury Verdict
- $175,000 Settlement in Failure to Diagnose Cancer Case
- Auto Accident Yields Structured Settlement Totaling $397,000
- $600,000 Settlement in Failure to Diagnose Cardiac Condition
- $425,000 Settlement - Failure to Treat Timely
- Failure to Diagnose Strep Results in $130,000 Settlement
- $225,000 Settlement in Auto Accident/Wrongful Death
- $300,000 Medical Malpractice Settlement
- $1,500,000 Verdict in Personal Injury Action
- $140,000 Settlement in Rear-End Crash
- $500,000 Settlement for Permanent Facial Disfigurement
- Failure to Diagnose Lung Cancer Yields $265,000 Settlement
- $425,000 Settlement in Overmedication Action
- Failed Episiotomy Repair Results in $150,000 Settlement
- $500,000 Settlement for Failure to Diagnose Retinopathy of Prematurity
- Jury Awards $2 million in Anesthesia Case
Jury Awards $2.2 Million In Wrongful Death Action (2006)
Case: Angela W. Dokes, Administrator of the Estate of Derek Dokes, Deceased v. David F. Waller, M.D., Family Medicine Associates, P.C. and Elizabeth Ann Proctor, R.N.
Court: Suffolk Circuit Court
Type of Action: Wrongful Death - Medical Malpractice
Case Facts: Plaintiff's Decedent was a 34 year old male in excellent health who was a physical fitness buff. He presented to Defendants' practice on November 19, 2003 with complaints of muscle pain, most severe in the buttocks, and additionally he was noted to have a low grade fever (100.8). Defendant physician concluded that decedent, Derek Dokes, had overdone his exercise and provided muscle relaxants and pain medication. There was no work-up relative the charted fever.
On November 22, 2003, the decedent returned to the same practice at which time he was not seen by a physician (although the same physician who had seen him on the 19th was present in the office on the second visit), but rather was seen by a nurse practitioner who recorded a low grade fever (100.0), and, in addition to the low grade fever, elevated blood pressure and most notably a heart rate of 170, which the defendant later claimed was not 170 but rather 120. In either case, the heart rate would have represented approximately double the decedent's resting heart rate. Mr. Dokes was also noted to be extremely immobile to the point where he had to use a wheelchair provided by the practice, was basically unable to walk, unable to use his hands and the pain, which had been limited to one area, was now disseminated throughout his body. He had complaints of pain in the shoulder area but the nurse practitioner did not fully examine his upper extremity as he was too uncomfortable to remove his shirt. The nurse practitioner consulted with the same physician who had earlier seen Mr. Dokes and together they concluded that he had a reaction to Bextra, a non-steroidal anti-inflammatory drug. She predicated her diagnosis in part on the fact that she had a friend who had taken Bextra and that friend had experienced a similar reaction. The low grade fever, elevated blood pressure, and elevated heart rate did not cause either the nurse practitioner or the attending physician to order any tests to determine the cause of the presenting symptoms in a heretofore healthy male. Mr. Dokes was discharged from the practice with prescriptions for steroids, lasix (as his lower extremity was also swollen), and pain medication. Discharge instructions included directions to contact an orthopedist if he was not better by Monday. Consideration was also given to a referral for physical therapy. Never did either of these health care providers consider an infectious process.
On the next day, November 23rd, Mr. Dokes was taken by ambulance to Louise Obici Hospital in Suffolk where he was found to be delirious, immobile, and completely disoriented. An examination of his upper extremity in the emergency room showed pathology in his upper extremity which area again had never been examined by the nurse practitioner. Cultures later showed this area to be infected with Group A Streptococcus. After a period of approximately five hours, despite multiple efforts on the part of an intensivist and other specialists, this young husband and father and valued employee of a major company expired from the streptococcal infection which had progressed to necrotizing fasciitis.
Defendants asserted that the work-up provided by the physician and the nurse practitioner met all reasonable standards of care and additionally plaintiff was afflicted with the strep infection at some time after he was seen in the defendant medical practice on November 19th and 22nd.
Disposition: Jury Verdict of $2.2 million dollars
Counsel: Thomas B. Shuttleworth, Esq. and Lawrence H. Woodward, Jr., Esq.
$442,500 Settlement in Auto Accident Case
Case: Henry Blessing v. Steven K. Brown and Southern Plumbing and Heating
Court: Portsmouth Circuit Court
Type of Action: Personal Injury - Auto Accident
Injuries: C-7 rupture with radiculopathy and spinal stenosis at C5-6
Special Damages: $28,625 in medical expenses; Plaintiff unable to work from the date of the accident - earning capacity of approximately $35,000 annually
Case Facts: Defendant Brown struck the Plaintiff's vehicle at an intersection after he had disregarded a stop sign. The Plaintiff's vehicle was totaled.
Disposition: Settled for $442,500
Counsel: Thomas B. Shuttleworth, Esq.
$3,500,000 Settlement in Brachial Plexus - Erb's Palsy Case
Case: Doe v. Roe, M.D.
Court: Norfolk Circuit Court
Type of Action: Medical Malpractice
Injuries: Brachial Plexus Injury and Erb's Palsy
Special Damages: $26,000 plus future earnings
Case Facts: Plaintiff, 4 1/2 years old at time of trial, alleged brachial plexus injury at birth resulting in Erb's Palsy to Plaintiff's left arm. The Plaintiff alleged that due to multiple problems throughout labor, including arrest of labor, a Caesarean section should have been performed.
The Defendant denied that an arrest of labor occurred and denied that his delivery caused the injury. He contended that because he encountered a right shoulder dystocia and because the left arm was posterior, the injury was caused in utero rather than by his delivery.
The jury asked at the end of deliberations if it were limited in the award of damages. The Plaintiff advised during closing that she had sued for $1 million.
Disposition: $3,500,000 Settlement
Counsel: Thomas B. Shuttleworth, Esq. and Lisa P. O'Donnell, Esq.
Misdiagnosis Yields $1M Jury Verdict
Case: Doris I. Sipe v. Maurice M. Bray, M.D. and Lakeview Medical Center, Inc.
Court: Suffolk Circuit Court
Type of Action: Medical Malpractice
Injuries: Over the course of treatment with Prednisone, the Plaintiff developed a 40% loss of bone density, numerous compression fractures (a debilitating and permanent disability), a 4 ½-inch loss of height, along with continuous pain as a result of the Prednisone-induced osteoporosis. Plaintiff has the propensity for additional future fractures.
Special Damages: Medical expenses of approximately $12,000.
Case Facts: The Plaintiff was a post-menopausal woman in her early sixties who was a patient of the defendant doctor and medical center. The Plaintiff alleged she was wrongly diagnosed with Systemic Lupus Erythematosus (SLE) and was placed on Prednisone therapy for the disease. The defendant physician did not have sufficient facts and/or symptomatology for the initial diagnosis of Lupus. The defendant then placed the Plaintiff on Prednisone, which has a known side effect of osteoporosis (thinning of the bones) in post-menopausal women. The physician also prescribed Prednisone in inappropriate dosages even if the drug had been necessary and failed to institute prophylactic treatment and measures to offset the loss of calcium due to the medication.
Disposition: Jury verdict of $1,000,000.00
Counsel: Thomas B. Shuttleworth, Esq.
$200,000 Wrongful Death Settlement
Case: Heidi G. Roberson, Administratix of the Estate of Scott James Roberson v. Tarmac Mid-Atlantic, Inc. and Vernon Lewis Hambie
Court: Norfolk Circuit Court
Type of Action: Wrongful Death
Case Facts: The decedent was 23 years old when he was fatally injured while working as a flagman on the construction of an interstate. The driver of a concrete truck lost view of Mr. Roberson in his mirror and continued to back his vehicle, striking the decedent.
Disposition: $200,000 plus amount of workers' compensation claim to date of settlement, or approximately $32,000.
Counsel: Thomas B. Shuttleworth, Esq. and Lawrence H. Woodward, Jr., Esq.
$750,000 Jury Verdict in Maritime Case
Case: Carlson v. Great Lakes Dredge and Dock Co.
Court: Norfolk Circuit Court
Type of Action: Jones Act, Negligence and Unseaworthiness
Injuries: Right shoulder, torn labrum requiring two surgeries
Special Damages: $25,000 in medical bills and $71,000 in past lost wages
Case Facts: The Plaintiff was injured while working in rough seas off the coast of Florida. He was ordered to attempt to hook up an anchor buoy from the bow of his tugboat, despite his protest that it was dangerous to do it from the bow.
Disposition: $750,000
Counsel: Thomas B. Shuttleworth, Esq. and Lawrence H. Woodward, Jr., Esq.
Maritime Negligence - $250,000 Settlement
Case: John Richard Toepper v. Trawler Diane Marie Inc.
Court: Hampton Circuit Court
Type of Action: Maritime
Injuries: Lumbar disc herniation at two levels
Special Damages: $31,163 in medical bills and lost wages
Case Facts: The Plaintiff was injured when he slipped on fluid on the deck of a trawler. He underwent a lumbar laminectomy and discectomy at two levels.
Disposition: Settled for $250,000
Counsel: Thomas B. Shuttleworth, Esq.
Maritime Negligence Case Settles for $425,000
Case: Lovin v. Eastern Shore Diving and Marine Services, Inc.
Court: Newport News Circuit Court
Type of Action: Maritime Negligence
Injuries: Crush leg injury causing damage to knee, neuroma and reflex sympathetic dystrophy
Special Damages: $64,346 in medical bills
Disposition: $425,000
Counsel: Thomas B. Shuttleworth, Esq. and Charles A. Huffman, III, Esq.
$3.4 Million Auto Accident Settlement
Case: Estate of Timms and Estate of Rosbe v. Peterson (consolidated)
Court: Norfolk Circuit Court
Type of Action: Wrongful Death - Auto Accident - Drunken Driver
Case Facts: The decedents, a 50-year-old attorney with one child, and his passenger, a 40-year-old mother of three children under the age of 11, were killed when their vehicle was struck by a Nansemond Heating and Cooling van operated by one of its employees. Just before the impact, the defendant had been involved in a high-speed police chase and was under the influence of alcohol.
The insurance carrier for Nansemond Heating & Cooling filed for declaratory judgment on the issue of whether or not the defendant was operating the van with the permission of his employer. The jury returned a verdict finding Peterson was within the scope of permission at the time of the collision, notwithstanding the use of alcohol by the driver and the high-speed police chase.
Disposition: Settled for $3.4 million
Counsel: Thomas B. Shuttleworth, Esq. and Lisa P. O'Donnell, Esq. (Counsel for Timms)
$628,000 Jury Verdict in Dump Truck Accident
Case: Austin v. City of Chesapeake and White
Court: Chesapeake Circuit Court
Type of Action: Auto Accident
Injuries: Herniated disc
Special Damages: $82,000 in medical bills and lost wages
Case Facts: The Plaintiff was taking the tailgate off his dump truck when the defendant backed a City of Chesapeake truck into the front end of the his truck. The Plaintiff was struck and knocked down by his own truck, which was pushed another seven to eight feet.
The Plaintiff had a 16% partial disability because of a herniated disc. He initially sought conservative care from an orthopedist and a chiropractor. He later underwent two back surgeries and is scheduled for a third. The Plaintiff also claimed a loss of earnings from his refuse collection business.
Disposition: $628,000.00
Counsel: Thomas B. Shuttleworth, Esq. and Lisa P. O'Donnell, Esq.
Judge Awards $117,710.16 in Failure to Diagnose Case
Case: Kornegay v. United States
Court: United States District Court for the Eastern District of Virginia, Norfolk Division
Type of Action: Medical Malpractice (Failure to Diagnose Early Cancer)
Injuries: Advanced cancer, extensive surgery
Case Facts: The Plaintiff was seen on several occasions by government physicians who failed to recognize early vulvar cancer. Biopsies were taken and a pathology slide that would have confirmed early vulvar cancer was misread. Because of delayed treatment, the Plaintiff was forced to undergo radical vulvectomy and radiation therapy.
The Plaintiff alleged that government physicians breached the standard of care by misreading pathology slides and failing to timely diagnose Plaintiff's cancer.
The Plaintiff suffered permanent disfigurement and was required to undergo much more extensive surgery because the stage of her cancer progressed from the time she allegedly should have been diagnosed until she was able to begin treatment.
The court-appointed expert corroborated the important elements of the Plaintiff's expert testimony.
Disposition: Award of $117,710.16
Counsel: Thomas B. Shuttleworth, Esq. and Lisa P. O'Donnell, Esq.
Wrongful Death Jury Award - $235,715.00
Case: Rizzi v. Speckhart
Court: Norfolk Circuit Court
Type of Action: Medical Malpractice/Wrongful Death
Case Facts: The decedent had recurrent Hodgkin's disease, which had been in remission for eight years. When Hodgkin's reappeared, the decedent went to the defendant doctor, an oncologist and homeopathist, for treatment. The defendant did not urge the plaintiff to pursue chemotherapy. The defendant used homeopathy, tonics, chelation therapy and other methods, allegedly leading the decedent to believe that he could be cured with these methods.
The plaintiff alleged that the defendant doctor breached the standard of care by offering methods of treatment that had no proven efficacy for Hodgkin's disease and by failing to urge the decedent to pursue chemotherapy. The decedent died as a result of progressive Hodgkin's.
Disposition: Judge awarded $235,715.00
Counsel: Thomas B. Shuttleworth, Esq. and Lisa P. O'Donnell, Esq.
$2.1 million Wrongful Death Jury Verdict
Case: Crayton v. Hancock
Court: Newport News Circuit Court
Type of Action: Medical Malpractice/Wrongful Death
Injuries: Death of mother and child during labor and delivery
Case Facts: The Plaintiff alleged that the defendant failed to adequately recognize and react to evidence of fetal distress and maternal distress during labor. Because of the mother's history, the Plaintiff alleged that the defendant should have been aware the mother would have a difficult, if not impossible, time delivering her child vaginally.
The defendant allowed the deceased mother to progress through labor and then allegedly attempted to perform a high forceps delivery. During the attempt at delivery, the mother suffered an amniotic fluid embolism, and both she and the infant died.
Plaintiff's expert contended that the tumultuous labor and an attempted high forceps delivery contributed to and/or caused the amniotic fluid embolism, and that if the child had been delivered by Caesarean section earlier, the embolism would have been avoided, and both mother and infant would have survived.
Defendant's contention was that an amniotic fluid embolism is unpredictable and unpreventable, and that the mother would have suffered the same problem no matter when the baby was delivered. The defendant also denied that he attempted a high forceps delivery.
Disposition: $2.1 million jury verdict
Counsel: Thomas B. Shuttleworth, Esq. and Robert J. Haddad, Esq.
$175,000 Settlement in Failure to Diagnose Cancer Case
Case: Doe v. Roe, M.D.
Court: Suffolk Circuit Court
Type of Action: Medical Malpractice/Wrongful Death
Injuries: Death
Case Facts: Jane Doe was a black 83-year old woman who had been treated by defendant for a period of 20 years. In approximately 1995, Jane Doe asked defendant Roe if she should take vitamins because she did not have an appetite and was losing weight; the defendant failed to take any steps to find out the cause of the weight loss. During his 20-year tenure as the physician of the decedent, he never performed a digital rectal examination during yearly check-ups and such failure was a gross breach of the standard of care as it existed in Virginia and that such breach resulted in Jane Doe's death.
Disposition: $175,000 Settlement
Counsel: Thomas B. Shuttleworth, Esq.
Auto Accident Yields Structured Settlement Totaling $397,000
Case: L. Fritsch, a minor, and B. Fritsch, a minor, by their mother and next friend, D. Fritsch, and D. Fritsch, individually and R. Packer v. Higginbotham and Gap Pollution and Environmental Control, Inc.
Court: United States District Court for the Eastern District of Virginia, Norfolk Division
Type of Action: Personal Injury - Automobile Accident
Injuries: L. Fritsch: subtrochanteric femur fracture, medical expenses $12,186.89; B. Fritsch: mild traumatic brain injury, 14 cm laceration of the right scalp, right frontal forehead, right brow and right upper eyelid, down to periosteum, medical expenses $16,890.80; R. Packer: bilateral ankle fractures, articular cartilage damage of the tibia plafond, tarsal tunnel syndrome, right ankle, medical expenses: $15,997.84, lost wages: $12,096.80
Case Facts: On December 10, 1997, D. Fritsch was operating her vehicle, in which the infant plaintiffs and plaintiff Packer were passengers, traveling on Route 17 in York County. Defendant Higgenbotham was operating a vehicle owned by defendant Gap Pollution and Environmental Control Inc. out of and within the scope of his employment with said corporation. Defendant Higgenbotham attempted to turn left in front of Dr. Fritsch's vehicle, causing her vehicle to crash into the side of his vehicle.
Disposition: L. Fritsch: structured settlement of $42,500; B. Fritsch: structured settlement of $282,000; R. Packer: settlement of $72,500
Counsel: Thomas B. Shuttleworth, Esq.
$600,000 Settlement in Failure to Diagnose Cardiac Condition
Case: Doe v. Roe, M.D.
Court: Norfolk Circuit Court
Type of Action: Medical Malpractice/Wrongful Death
Case Facts: Decedent, a 59-year old white male, presented with complaints compatible with heart disease; the defendant considered the possibility of heart disease and, therefore ordered an EKG. The EKG, the clinical setting, as well as the complaints made by decedent, were compatible with heart disease, but decedent was discharged. Plaintiff's expert stated that the decedent should have been hospitalized which would have resulted in a substantial possibility of a better result.
Disposition: $600,000 Settlement
Counsel: Thomas B. Shuttleworth, Esq. and Lawrence H. Woodward, Jr., Esq.
$425,000 Settlement - Failure to Treat Timely
Case: Jones v. Cassada and Internal Medicine Associates, Ltd.
Court: Danville Circuit Court
Type of Action: Medical Malpractice/Wrongful Death
Case Facts: Decedent was a 48-year old white female with a long history of lupus and a previous heart catheterization and angioplasty. Decedent had been a patient of Internal Medicine Associates for 20 years; she contacted the office for an appointment and was seen on that same day by defendant nurse practitioner for pressure and heaviness in her chest which she stated had been relieved by nitroglycerine. The nurse practitioner failed to refer to a physician in the group on that date. Decedent called again the next day reporting another episode of extreme pain and that nitroglycerine had relieved symptoms. Husband of decedent requested appointment with a doctor that day. Decedent was again scheduled to see the nurse practitioner. While waiting to be seen, she went into cardiac arrest; she was transported to the hospital and died later that day of a heart attack.
Disposition: $425,000 Settlement
Counsel: Thomas B. Shuttleworth, Esq.
Failure to Diagnose Strep Results in $130,000 Settlement
Case: Kass, Administrator of the Estate of Natalia Myrick, Deceased v. United States of America
Court: United States District Court for the Eastern District of Virginia, Norfolk Division
Type of Action: Medical Malpractice/Wrongful Death
Case Facts: Infant, plaintiff's decedent, was hospitalized at Portsmouth Naval Hospital; infant suffered from sickle cell anemia. The child was discharged from the hospital although a positive laboratory finding showed streptococcus pneumonia. The child was readmitted to the hospital approximately three weeks later, but the infection had spread to such a degree that the child died seven days later. The defendant failed to timely diagnose and/or treat decedent's condition and this breach in the standard of care deprived the decedent of an opportunity for cure.
Disposition: $130,000 Settlement
Counsel: Thomas B. Shuttleworth, Esq. and Lawrence H. Woodward, Jr., Esq.
$225,000 Settlement in Auto Accident/Wrongful Death
Case: Hoover, Executor of the Estate of J. M. Hoover v. Estate of D. E. Ellison, Deceased
Court: Virginia Beach Circuit Court
Case Facts: Decedent defendant was operating her vehicle on northbound US 17 in North Carolina, when she lost control of her vehicle and ran off the roadway; she came back onto the roadway, out of control, and crossed into the southbound lanes striking the vehicle in which J. M. Hoover was a passenger, killing her. Plaintiff left a husband and four grown children as survivors.
Disposition: $225,000 Settlement
Counsel: Thomas B. Shuttleworth, Esq.
$300,000 Medical Malpractice Settlement
Case: Doe v. XYZ Hospital
Type of Action: Medical Malpractice
Case Facts: John Doe was admitted to XYZ Hospital for colon surgery resulting in the removal of a portion of his colon. After surgery, he was briefly in the intensive care unit and was subsequently transferred to a regular floor of the hospital.
The doctor ordered ice chips and clear liquids after surgery. However, Doe was given a meal that included red cabbage and pork. As a result, Mr. Doe suffered a leak and, eventually, a rupture of his surgical site eight days later. The defendant, XYZ Hospital, was negligent and breached the duty of care it owed to the plaintiff by failing to carry out the doctor's dietary order and monitor the plaintiff.
Disposition: $300,000 Settlement
Counsel: Thomas B. Shuttleworth, Esq. and Lawrence H. Woodward, Jr., Esq.
$1,500,000 Verdict in Personal Injury Action
Case: Pointer v. Bay Towing Corp. and Hale Intermodal Marine Co.
Court: Norfolk Circuit Court
Type of Action: Personal Injury - Negligence
Injuries: Severe bilateral depressed comminuted calcaneal (heel) fracture extending into calcaneal cuboid joint
Case Facts: Plaintiff, an employee of Bay Towing Corporation, injured the heels of both feet at work. Plaintiff fell off the barge Baltimore Trader onto a concrete pier, incurring comminuted intra-articular fractures of both heels. Plaintiff now works at a sedentary job and uses a cane to ambulate. Future treatment will be required.
The allegations of liability included (1) no continuous safety lines on hand rails around the outside of the barge; (2) no line handlers to assist Plaintiff lasso the bit on the pier, and (3) the safety person assigned to the tug and barge was not attentive to the position of Plaintiff before his fall.
Disposition: $1,500,000 Jury Verdict
Counsel: Thomas B. Shuttleworth, Esq.
$140,000 Settlement in Rear-End Crash
Case: Charlene Langlois v. Timothy Scott McCormick
Court: Norfolk Circuit Court
Type of Action: Auto Accident - Back Injury
Special Damages: $31,063 in medicals and $3,745 in lost wages
Case Facts: The Plaintiff was a passenger in a vehicle driven by her friend. The car was struck from behind by the Defendant, who Plaintiff alleged was under the influence of alcohol. The defendant was uninsured and failed to appear at trial.
Disposition: Settled for $140,000.00
Counsel: Thomas B. Shuttleworth, Esq. and Lisa P. O'Donnell, Esq.
$500,000 Settlement for Permanent Facial Disfigurement
Case: Bateson v. Branch
Court: Portsmouth Circuit Court
Type of Action: Personal Injury - Auto Accident
Injuries: Permanent facial disfigurement - foot and toe fractures
Special Damages: $156,573.86 in medical expenses and future medicals of $7,786.00
Case Facts: Plaintiff was operating her motor vehicle when the defendant, who was traveling 100 mph, crossed the median and struck the Plaintiff head-on in her lane of travel. The Plaintiff suffered permanent facial disfigurement, has undergone reconstructive surgery and future reconstructive surgery will be necessary. Allegations to liability included (1) the defendant was operating a stolen vehicle; (2) the defendant was operating a motor vehicle under the influence, and (3) the defendant was driving on the wrong side of the road.
The Plaintiff suffered massive facial fractures, avulsion fracture of teeth numbers 10 and 11, mandibular fracture and multiple extensive facial lacerations. She suffered fourth metatarsal fracture and fracture of the left great toe.
Disposition: $500,000 Settlement (policy limits)
Counsel: Thomas B. Shuttleworth, Esq.
Failure to Diagnose Lung Cancer Yields $265,000 Settlement
Case: Doe v. Roe, M.D.
Court: Petersburg Circuit Court
Type of Action: Medical Malpractice - Loss of Chance of Survival
Case Facts: The standard of care was breached by the defendant radiologist's failure to properly evaluate an abnormal chest x-ray of the decedent which was very suggestive of lung cancer. Plaintiff's expert testified that the delay in acting upon abnormal x-rays reduced the possibility of survival of the decedent, whose lung cancer went undetected and led to his untimely death.
Disposition: $265,000 Settlement
Counsel: Thomas B. Shuttleworth, Esq. and Lawrence H. Woodward, Jr., Esq.
$425,000 Settlement in Overmedication Action
Case: Doe v. Roe, M.D.
Court: Norfolk Circuit Court
Type of Action: Medical Malpractice
Injuries: Ototoxicity and chronic dizziness due to overmedication
Case Facts: The 70-year old Plaintiff, as a result of heart surgery, was put on Gentamicin therapy at "450 mg per kl q 36 hours ending May 25, 1994." Despite written orders contained in the hospital record, the home health care files and the doctor's chart, the Plaintiff was administered three extra doses of Gentamicin after May 25, 2994. Gentamicin is an extremely powerful antibiotic which is both nephro-toxic and ototoxic. As a result of the extra administration of dosage, the Plaintiff became ototoxic and suffers daily from dizziness.
Disposition: $425,000 Settlement
Counsel: Thomas B. Shuttleworth, Esq. and Lawrence H. Woodward, Jr., Esq.
Failed Episiotomy Repair Results in $150,000 Settlement
Case: Doe v. Roe, M.D.
Court: Williamsburg Circuit Court
Type of Action: Medical Malpractice
Injury: Permanent Incontinence
Case Facts: The Plaintiff suffered a fourth-degree tear of the perineum. The Defendant attempted a repair, which failed days later. The Defendant then attempted another repair, which proved to be ineffective and which the Plaintiff alleged was performed negligently.
The Plaintiff alleged that the defendant breached the standard of care by attempting a second repair too soon after his first repair failed. The standard of care requires that the physician allow the tissue to heal before trying to suture again.
Disposition: $150,000 Settlement
Counsel: Thomas B. Shuttleworth, Esq. and Lisa P. O'Donnell, Esq.
$500,000 Settlement for Failure to Diagnose Retinopathy of Prematurity
Case: Doe v. Roe, M.D.
Court: Virginia Beach Circuit Court
Type of Action: Medical Malpractice - Failure to Diagnose
Injuries: Permanent blindness and painful glaucoma
Case Facts: Plaintiff was a premature child born at 27 weeks on July 9, 1991. The infant had a birth weight of 965 grams and his respiratory distress syndrome, which necessitated prolonged oxygenation on a mechanical ventilator, apnea, bradycardia, multiple blood transfusions and cyanosis were all factors which made him a high risk candidate for the development of retinopathy of prematurity. ROP is a disease where the retinal blood vessels do not develop fully and the disease can cause blindness if not timely treated with surgical intervention.
Plaintiff alleged that while the diagnosis of ROP was correct, the stage, zone and location of the disease were not. The misdiagnosis delayed a follow-up examination until two to three months had elapsed and the child was blind already. The lack of treatment during this two to three month interval allowed progression of the disease beyond the window of opportunity within which cryotherapy, the surgical procedure for cure or salvage of sight, was feasible. The removal of one or both eyes may eventually be necessitated.
Disposition: $500,000 Settlement
Counsel: Thomas B. Shuttleworth, Esq.
Jury Awards $2 million in Anesthesia Case
Case: James Sinclair, etc., et al v. James River Anesthesia, et al
Court: Newport News Circuit Court
Type of Action: Medical Malpractice
Injuries: Brain damage
Case Facts: Jerry Sinclair is a 48-year-old Newport News Shipbuilding and Drydock worker who had spent 29 years attending to military vessels while in the Newport News Shipyard. He was active in karate and enjoyed bowling. He is married with one grown child now in the military. Because of long-time wear and tear, he required a total hip replacement and one was scheduled for October 22, 2002 at Riverside Hospital.
While in the operating room at Riverside Hospital, the defendant anesthesiologist failed to monitor the blood pressure of Mr. Sinclair for approximately 56 minutes because "the automatic blood pressure cuff was not working." Mr. Sinclair became restless during the operation and the defendant anesthesiologist, despite not knowing what Mr. Sinclair's blood pressure was, administered two potent drugs, Versed and Fentynal. Minutes after that, Mr. Sinclair's heart rate was lost and his oxygen sats fell as low as 50 percent. Fortunately, the resuscitation effort begun once Mr. Sinclair arrested and was successful and he was able to survive the event. He has been diagnosed with anoxic encephalopathy which severely impaired his memory and ability to reason.
The defendants blamed the event on the occurrence of a fat embolism which they said occurred as a result of the orthopedic doctor reaming the femur to prepare it for the total hip replacement. It was the defendant's position that the reaming of a long bone releases fat into the bloodstream. In this particular case, according to the defense, the fat traveled into the lungs, shutting down the lungs, resulting in a cardiopulmonary event.
During discovery in this case, counsel for the plaintiff was able to get the defendants' standard of care witness to concede that there was a breach of the standard of care in failing to monitor the blood pressure of Mr. Sinclair throughout the operation, but the standard of care witness (anesthesiologist) maintained that it was a fat embolism that caused all of Mr. Sinclair's problems in the operating room. The defense did not call the standard of care witness in the case and instead defended the case only on causation.
Disposition: $2,000,000 Jury Verdict
Counsel: Thomas B. Shuttleworth, Esq. and Lawrence H. Woodward, Jr., Esq.
