Virginia 2009-2010 Justice Reports

MediVisuals is proud to assist our clients in helping the people they represent receive a true measure of justice in their case. The following are a few 2009-2010 Virginia cases that MediVisuals was called on to provide medical exhibits. If you have used MediVisuals' medical exhibits in mediation or trial and would like to share your story with us, please CLICK HERE.

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W. Coleman Allen, Jr. of Allen, Allen, Allen & Allen, P.C. - $3,900,000 settlement

For a plaintiff who was rear-ended in the emergency lane of a Tennessee interstate highway, resulting in burns, scarring, and fractures to the pelvis, femur and right wrist. The suit filed against the defendant motorist in Tennessee was previously settled for policy limits. A separate action was then filed against a Virginia motor vehicle repair facility based upon the theory that faulty maintenance caused the plaintiff’s vehicle to overheat, forcing the plaintiff to pull off into the emergency lane. The Virginia trial court applied Tennessee’s comparative fault law, meaning that in the absence of joint and several liability, the repair facility would be responsible for only that percentage of the fault attributed by the jury to the faulty maintainance as a cause of the collision, rather than the negligence of the defendant motorist.

Carlton F. Bennett of Bennett & Zydron, P.C. and Stephen M. Smith of the Brain Injury Law Center - $900,000 settlement

For a driver who was rear-ended by an 18-wheeler, causing his head to strike the head rest, breaking the seat back and resulting in closed head injuries.

Carlton F. Bennett of Bennett & Zydron, P.C. - $800,000 settlement

For a restrained driver who was struck by another vehicle causing multiple traumatic injuries, including knee injuries and neurological injuries resulting in seizures.

Judith M. Cofield of Judith M. Cofield, P.C. and Carlton F. Bennett of Bennett & Zydron, P.C. - $750,000 verdict

For improper contrast enema administration resulting in bowel perforation and extensive contamination of the abdominal cavity, peritonitis and sepsis.

John (Jack) W. Drescher of Breit, Drescher & Imprevento, P.C.

$1,320,199.02 judgment plus interest

For a civilian contractor who was working on a naval vessel when he was struck by a falling barrel of flame retardant, severely breaking his leg. His resulting surgeries were complicated by a severe MRSA infection.

Mahlon (Bud) G. Funk, Jr. and Jacqueline Hedblom of Hirschler Fleischer, P.C. - $535,000 settlement with $140,000 in gross medicals (~$42,000 Medicare lien)

For an elderly plaintiff who suffered a femur fracture when his broken-down car rolled off a flatbed tow truck during the winching process and pinned his leg under a rear tire of the car, immediately adjacent to I-64. The plaintiff had a full femur fusion with an intramedullary nail with no permanency or ADL limitations after three months down-time for surgery, follow up and physical therapy.

Andrew Scott Herzog of Parcell & Webb, P.C.

$300,000 verdict with $50,000 in medical bills

For a woman who slipped and fell resulting in a hip fracture that necessitated intertrochanteric nail fixation.

Sidney H. Kirstein of Sidney H. Kirstein Attorney at Law - $75,000 verdict after a $20,000 offer from the carrier

For a woman who slipped and fell off of a broken step resulting in a torn rotator cuff.

Jason W. Konvicka of Allen, Allen, Allen & Allen, P.C. - $8,000,000 verdict

(largest personal injury verdict in Virginia of 2009)

For a pedestrian who was struck by a bus and sustained multiple injuries, including fractures to her shoulder, spine, hip and pelvis. She underwent several surgical procedures and was left with chronic pain and future need of multiple hip replacement procedures starting at age 50.

Fletcher W. Harkrader, III of Marks & Harrison - $290,000 settlement

For a restrained passenger in a motor vehicle collision who sustained multiple injuries, including a right femur fracture, mesenteric injury, and fracture of the left lateral talus. Treatment involved: intramedullary nail fixation of the femur, exploratory laparotomy with small bowel resection, and tibial traction pin placement.

Fletcher W. Harkrader, III of Marks & Harrison - $250,000 settlement

For a construction worker who was knocked off a ladder by the boom of a cement truck. As a result of the fall, the plaintiff sustained comminuted, displaced and interarticular fractures of the left calcaneus.

Fletcher W. Harkrader, III of Marks & Harrison - $236,000 arbitration award

For an elderly pedestrian who was struck by vehicle, which resulted in shoulder injuries, pelvic fractures and sacroiliac joint injuries.

Fletcher W. Harkrader, III of Marks & Harrison - $100,000 settlement

For a restrained rear seat passenger in high speed roll-over motor vehicle collision who sustained multiple traumatic injuries, including a closed head injury, knee injuries, right lung injuries (upper lobe contusions and pneumatoceles), muscle strain, multiple lacerations and bruising.

D. Adam McKelvey of Crandall & Katt, Attorneys and Counselors at Law - $700,000 settlement

For a driver who was struck by a tractor trailer that had jack-knifed and was pinned by the trailer. The plaintiff’s injuries included a broken nose, punctured lung and multiple fractures of his left leg and knee, which will likely require knee replacement surgery in the future.

John R. Newby of Tronfeld, West & Durrett - $165,000 jury verdict

For a plaintiff who was involved in a motor vehicle collision and sustained neck, back and gluteal myofascial injuries which necessitated trigger point injections. The plaintiff also received sacroiliac joint injections which diagnosed sacroilitis.

Anthony M. Russell of Gentry, Locke, Rakes & Moore

Arbitration award in excess of $500,000

For failure to promptly diagnose and treat a retroperitoneal hematoma resulting in death.

Stephen M. Smith of the Brain Injury Law Center and Edward E. Scher of the Law Offices of Edward E. Scher

$14,590,000 settlement (largest settlement in Virginia of 2009)

For a complex and hotly contested product liability case, in which the plaintiff suffered a severe traumatic brain injury and was totally and permanently incapacitated.

Stephen M. Smith of the Brain Injury Law Center, Howard P. Smith of Joseph Smith, Ltd, Attorneys for the Injured, Edward E. Scher of the Law Offices of Edward E. Scher and Carlton Bennett of Bennett & Zydron, P.C.

$2,500,000 settlement

For the passenger of a bus that was rear-ended at a high speed by an 18-wheeler and suffered multiple strain and pain areas, cervical spine injuries, ulnar neuropathy, sensory carpal tunnel syndrome, mild traumatic brain injury with neuropsychological deficits and vertigo.

Stephen M. Smith of the Brain Injury Law Center and Edward E. Scher of the Law Offices of Edward E. Scher - $2,000,000 settlement

For a plaintiff who was rear ended by another vehicle at a significant speed and suffered cervical spine injuries and traumatic brain injuries with neuropsychological deficits.

Stephen M. Smith of the Brain Injury Law Center, Howard P. Smith of Joseph Smith, Ltd, Attorneys for the Injured, Edward E. Scher of the Law Offices of Edward E. Scher and Carlton Bennett of Bennett & Zydron, P.C.

$1,100,000 settlement

For a plaintiff who was involved in a motor vehicle collision, which resulted in multiple pain and strain areas, cervical and lumbar spine injuries, and mild traumatic brain injuries with vertigo and headaches.

Stephen M. Smith of the Brain Injury Law Center and Edward E. Scher of the Law Offices of Edward E. Scher - $1,100,000 settlement

For a plaintiff who was rear-ended by a bus and suffered cervical spine injuries and traumatic brain injuries with neuropsychological deficits.

Jay Tronfeld, John R. Newby and Elizabeth West of Tronfeld, West & Durrett - $725,000 settlement with $43,358 in specials

For a driver who was struck in a head on motor vehicle collision resulting in five fractured ribs, a left hemopneumothorax, a left ulnar fracture, fractures of lumbar vertebra L2-L4, a pneumomediastinum, a subgaleal hemotoma, and mild traumatic brain injury.

Jay Tronfeld of Tronfeld, West & Durrett - $1,000,000 settlement with $197,000 in past and future medical expenses

For a passenger in a motor vehicle collision. The plaintiff suffered a broken wrist, facial lacerations and a brain injury, which developed into a post-traumatic involuntary muscle disorder, similar to Tourette syndrome.