Virginia Malpractice Settlements and Jury Verdicts, Part 2

This is the second part of our collection of medical malpractice settlement and verdicts in Virginia that our attorneys have collected. You can find case from 2010-2019 here.

2009
  • December 1, 2009 Settlement for $1,275,000. During a total knee replacement surgery, defendant surgeon severed an artery during drilling. Because the defendant was unable to repair the artery, he amputated the plaintiff's leg above the knee. The plaintiff filed action, alleging the defendant had negligently severed the artery. The parties agreed to settle at $1,275,000 during mediation.
  • October 15, 2009 Verdict for 1,550,000. Defendant surgeon performed several laparoscopic surgeries on plaintiff. Though he was aware of a condition she had known as frozen pelvis, he did not take proper care during surgery, resulting in injury to her right ureter. Plaintiff had to then undergo multiple other surgeries as a result and had to have her right kidney removed. Plaintiff sued, claiming defendant failed to take proper precautions due to her condition. The jury found for the plaintiff, rendering a verdict of $1,550,000.
  • October 1, 2009 Verdict for $2,249,672. After a failed procedure, defendant surgeon attempted a second procedure to treat plaintiff's reflux, as well as repair a hernia. In repairing the hernia, the defendant reinforced the tissue with mesh and used 3.8 mm helical tacks to fix the mesh to the diagram. The tacks, which were not supported by the manufacturer and FDA for use near vital organs, including the heart, caused injury to a vein, resulting in cardiac arrest. Plaintiff suffered a massive embolism and blood clot and passed away. Plaintiff's estate brought action for negligence, claiming that defendant improperly used the wrong tack in the wrong area, cutting the vein and causing cardiac arrest. The jury found for the plaintiff, rendering a verdict for $2,249,672, which was capped at $1,850,000 per statute.
  • September 1, 2009 Settlement for 1,528,000. Plaintiff underwent hip surgery at defendant hospital and requested that he not be given pain medication following surgery. A nurse accidentally injected a dose of medication into the plaintiff, who then went into cardiac arrest. Due to oxygen deprivation during cardiac arrest, plaintiff suffered brain damage. The parties agreed to settle at $1,528,000 during mediation.
  • April 3, 2009 Verdict for $7,496,953. Plaintiff presented to defendant physician with a lump in her breast. Defendant conducted a mammogram, received negative results, and requested the chart to see the background of the lump. The chart was never received, and no follow-up occurred. Plaintiff was later diagnosed with breast cancer and eventually passed away. Plaintiff's estate brought action, alleging the defendant deviated from the standard of care when she did not diagnose the cancer several months earlier by not ordering a biopsy or ultrasound. The jury found for the plaintiff and rendered a verdict of $7,496,953.
  • March 1, 2009 Settlement for $1,475,000. Plaintiff was admitted to the hospital with left flank pain and was diagnosed with E. coli. After complaining of being unable to walk and control her bladder, numbness, weakness, incontinence, and lack of strength and sensation in her lower body for four days, defendants finally ordered an MRI, discovering an epidural abscess, but it was too late. Plaintiff suffered paraplegia and bowel and bladder issues. Plaintiff brought action, alleging defendants deviated from the standard of care by failing to conduct an MRI upon admission. The parties agreed to settle at $1,475,000 at mediation.
  • January 9, 2009 Verdict for $7,000,000. Plaintiff presented to defendant physicians with complaints of cough, fatigue, fever, chills, and night sweats. Over the course of three months and multiple visits, plaintiff was repeatedly diagnosed with sinusitis and prescribed antibiotics. On the final visit, plaintiff was found to have an elevated white blood cell count, and sinusitis was not found on a CT scan. However, he was again diagnosed with sinusitis. A couple of weeks later, plaintiff suffered a massive stroke, which was caused by a mass on the aortic valve, a symptom of sub-acute endocarditis. Plaintiff then underwent multiple surgeries to correct issues associated with the endocarditis. Plaintiff brought action, alleging that defendant physicians failed to take proper history, conduct diagnostic testing, perform proper examinations, and consider endocarditis. The jury found for the plaintiff, rendering a $7,000,000 verdict, which was reduced to the $1,800,000 statutory cap.
2008
  • September 1, 2008 Settlement for $1,100,000. Plaintiff infant was born with a hairy nevus and dimple above his anus, but defendant pediatrician and defendant radiologist stated that ultrasound for spina bifida was normal. Infant began having mobility issues, which defendant pediatrician attributed to developmental issues. Infant later was admitted to the hospital for a dermal spinal tract and spinal cord abscess caused by spina bifida. Plaintiff experienced permanent damage to the nerves controlling his bowel and bladder, causing lifetime dependence on catheterization and diapers. Plaintiff's parents brought suit, alleging the defendant radiologist failed to interpret the ultrasounds correctly and defendant pediatrician failed to diagnose and treat the condition early enough to prevent permanent damage. The parties agreed to settle at $1,100,000 at mediation.
  • August 18, 2008 Verdict for $2,390,332. Plaintiff presented to defendant primary care physician, complaining of digestion problems. Defendant diagnosed acid reflux and prescribed medication. Plaintiff was later referred to another defendant physician and was diagnosed with the same condition. An endoscopy was scheduled to check to cardiac issues, but the plaintiff passed away before that due to cardiomyopathy. Plaintiff's estate brought suit, alleging the defendants failed to diagnose and treat the cardiac issue and to order and EKG or similar cardiac evaluation. The jury found for the plaintiff, rendering a verdict for $2,390,332 against the primary care physician.
  • June 18, 2008 Verdict for $2,000,000. Plaintiff child presented to defendant pediatrician with fever, nausea, and vomiting. Plaintiff was also pale, lethargic, unable to sleep, and had infected tonsils. Plaintiff was diagnosed with gastroenteritis. Plaintiff was later hospitalized due to continued fever and vomiting. At the hospital, he was diagnosed with dehydration and given fluids. His condition worsened, and upon conducting a lumbar puncture, the defendant discovered meningitis. Plaintiff's parents sued, alleging that the defendant was negligent in failing to take a blood culture, test for meningitis, or prescribe broad-spectrum antibiotics based on the plaintiff's symptoms. The jury found for the plaintiff, rendering a verdict for $2,000,000.
  • May 30, 2008 Verdict for $3,500,000. Defendant podiatrist conducted a bunion surgery on plaintiff that involve cutting a metatarsal, realigning the bone, and installing screws to ensure the bone heals properly. Upon awaking from surgery, plaintiff experience excruciating pain due to improper cutting of the bone and screw placement. Plaintiff then had to under go a partial foot amputation. Plaintiff brought suit, alleging the defendant had performed the surgery improperly. The jury found for the plaintiff, rendering a verdict for $3,500,000.
  • April 9, 2008 Verdict for $4,000,000. Plaintiff underwent a minimally invasive outpatient surgery to remove a diseased gland. During the surgery, the defendant anesthesiologist placed an oxygen mask over the plaintiff's face, and the defendant doctor turn on the electrocautery machine. The machine sparked a fire, burning the plaintiff on her face and neck. The plaintiff brought action, alleging the doctors acted negligently by using an electrocautery machine without turning the oxygen down or off. The jury found for the plaintiff, rendering a verdict of $4,000,000.
2007
  • December 1, 2007 Settlement for $1,250,000. Plaintiff presented to physician with dizziness and slurring. An exam revealed stenosis in the left carotid artery. However, defendant surgeon conducted surgery on the right carotid artery, causing permanent neurological issues. The parties agreed to settle at $1,250,000 at mediation.
  • August 31, 2007 Settlement for $1,050,000. Plaintiff requested a prescription refill for 2 mg. of Coumadin. He was instead accidentally given 5 mg. of Coumadin. Plaintiff began experiencing nosebleeds and bruising due to hyperanticoagulation and subsequently experienced permanent paralysis in both legs. Plaintiff sued defendant pharmacy for prescribing the incorrect dosage. Both parties agreed to settle at $1,050,000.
  • August 1, 2007 Settlement for $1,400,000. Plaintiff was admitted at the hospital with shortness of breath and swelling in the face and ankles. Plaintiff had a myriad of conditions, including cardiac problems, and the defendant doctor opted to install a pacemaker. However, the doctor failed to test that the lead wires were securely attached until two days later when the plaintiff was coughing and having difficulty breathing. During preparation for the procedure, unsupervised defendant nurse decided not to monitor breathing rate and gave plaintiff too much sedative, causing him to become unconscious. Plaintiff's unresponsiveness went unnoticed during surgery, and he suffered permanent brain injury. He was taken off life support later and subsequently passed. Plaintiff's estate brought action, arguing both doctor and nurse breached the standard of care by failing to properly monitor and treat the plaintiff's cardiac issues. The parties agreed to settle at $1,400,000 at mediation.
  • February 5, 2007 Verdict for $2,000,000. During a basketball game, plaintiff child suffered seizures and was subsequently hospitalized. Defendant doctor examined her and diagnosed her with fainting. He advised her to rest and drink fluids. She returned to the hospital the next day with complaints of headaches. Another defendant doctor tested her for sinusitis and discharged her. The next day, she was again hospitalized, and a CT scan revealed massive hemorrhaging. Emergency surgery was conducted, but it was too late. She passed away a few days later. Plaintiff's parents sued, alleging defendants had acted negligently by failing to conduct tests to determine the cause of the seizures. The jury found for the plaintiff, rendering a verdict of $2,000,000.
2006
  • October 26, 2006 Verdict for $4,000,000. Plaintiff, age 38, became pregnant and was at a higher risk for infants born with Down Syndrome due to her age. Plaintiff sought neonatal care from defendants. Defendants told plaintiff that she could not test for Down Syndrome until 16 to 18 weeks of age, which plaintiff felt was too late in the pregnancy for an abortion. Plaintiff's children were then born with Down Syndrome. Plaintiff sued, alleging the defendants were negligent as it was possible to conduct the chromosomal test at 11 to 12 weeks, early enough for plaintiff to obtain an abortion. The jury sided with the plaintiff, rendering a verdict of $4,000,000.
  • June 26, 2006 Verdict for $3,325,000. Plaintiff child presented to defendant radiologist with complaints of significant depression. The defendant conducted a CT scan and reported no abnormalities. That day, plaintiff was admitted to the hospital without a copy of the scan and later died from significant cerebral edema. The plaintiff's parent brought suit, alleging the defendant had deviated from the standard of care by improperly reading the CT scan. The jury sided with the plaintiff, rendering a verdict of $3,325,000 that was adjusted to 1,700,000 per the statutory cap.
  • June 9, 2006 Verdict for $2,250,000. A plaintiff suffered an on-the-job injury and underwent a myelogram. During the surgery, defendant surgeon injected the wrong contrast material into the spinal cord, and the plaintiff immediately began convulsing. A later X-Ray showed hip fractures, and plaintiff therefore underwent bilateral hip replacement surgery. Plaintiff sued, alleging that because of the injection of the improper contrast material, plaintiff's subsequent seizures caused the fractures.
  • January 16, 2006 Verdict for $1,200,000. In May 1997, plaintiff took a PSA (prostate-specific antigen) test, which returned a score of 1.4. In 2002, plaintiff took another test and was told the results were normal. In 2004, another test returned a score of 7.1, indicating high chance of prostate cancer. Upon contacting the defendant hospital for a copy of the test results for the 2002 test, plaintiff was told they were misplaced. Plaintiff got in touch with the lab for a copy and was told the score was 4.4. Plaintiff brought suit, alleging negligence for misplacing results and incorrectly reporting results, causing plaintiff to not catch the cancer until it was late stage. Jury sided with the plaintiff, rendering a verdict of $1,200,000.
2005
  • October 14, 2005 Verdict for $1,550,000. Plaintiff was prescribed BuSpar by defendant physician after complaining of anxiety. Shortly after, plaintiff began experiencing muscle aches, pains, tingling, and numbness. However, over a period of about three months, plaintiff was unable to reach the doctor and was told by associates that the health issues were side effects of the medicine. Finally, plaintiff lost his fine motor skills and had difficulty walking. Defendant was dismissive of his condition, and plaintiff was eventually hospitalized and diagnosed with inflammation of the spinal cord. Plaintiff instituted action, claiming defendant failed to diagnose him in a timely manner despite his complaints. The jury found for the plaintiff, rendering a verdict of $1,550,000.
  • February 17, 2005 Verdict for $1,374,500. During spinal surgery, defendant surgeon accidentally injected contrast fluid into the plaintiff's spinal canal instead of the cervical disc. As a result, the brain showed a coating of fluid. Plaintiff suffered toxic brain encephalopathy. Plaintiff sued, alleging the defendant improperly inserted the contrast material in the wrong location, causing brain injury. The jury found for the plaintiff, rendering a verdict of $1,374,500.
  • January 1, 2005 Settlement for $1,100,000. Plaintiff underwent radiation treatment 36 for prostate cancer at defendant hospital. After experiencing intense pain and constipation, the plaintiff's treatment was discontinued. Defendant discovered that the plaintiff had received unintended treatments through an open port that was supposed to be closed. The plaintiff brought action, alleging the defendant acted negligently in failing to properly monitor the equipment during radiation.
2004
  • October 18, 2004 Verdict for $1,200,000. Plaintiff underwent surgery. Following surgery, plaintiff complained of stomach bloating, and a scan revealed an abdominal mass. The hospital conducted exploratory surgery and found a small surgical towel. Plaintiff brought action against defendant hospital and surgeons, alleging the defendants had breached the standard of care by leaving a surgical towel in his body. The jury found for the plaintiff, rendering a verdict of $1,200,000 that was reduced to $800,000 due to the statutory cap.
  • July 14, 2004 Verdict for $1,500,000. Plaintiff underwent surgery for a torn rotator cuff and was administered pain medication by defendant anesthesiologist. Plaintiff suffered a droopy eyelid, neck pain, and tingling and numbness in his arm post-surgery. Plaintiff filed suit, alleging that despite his refusal to receive the medication, it was administered anyway, causing the permanent nerve damage. The jury found for the plaintiff, rendering a verdict of $1,500,000.
2003
  • September 24, 2003 Verdict for $1,000,000. Plaintiff's ophthalmologist scheduled surgery with defendant surgeon, marked plaintiff's right eye, and completed paperwork for right eye surgery. However, paperwork at defendant's office became mixed up, and defendant instead operated on the plaintiff's left eye. Plaintiff did not receive surgery on her right eye until two weeks later, but at that point, her vision had deteriorated so much that she was legally blind. Plaintiff brought action against the surgeon, arguing he improperly ignored the right eye prep and paperwork. The jury found for the plaintiff, rendering a verdict for $1,000,000.
  • September 1, 2003 Verdict for $2,000,000. Plaintiff underwent rotator cuff surgery. During surgery, defendant inserted a catheter and overfilled the bladder by about 3000 ccs, causing the bladder to become distended. As a result, the plaintiff now must self-catheterize 7 times a day. Plaintiff sued, alleging the nurse failed to monitor the catheterization properly and intervene fast enough to fix issues. The jury found for the plaintiff, rendering a verdict for $2,000,000.
  • March 24, 2003 Settlement for $1,250,000. Plaintiff was admitted to the emergency room with abdominal and back pain and nausea on January 14 but was not admitted to the hospital. The next day, plaintiff was diagnosed with mild pancreatitis and was prescribed pain medications. Plaintiff remained in touch with physician but was not examined. On February 2, due to worsening conditions, plaintiff was evaluated for Cushing's disease. A CT scan was administered, and it was discovered that plaintiff had necrotizing pancreatitis. Plaintiff was subsequently hospitalized, where he remained until his death two months later. Plaintiff's estate brought suit, alleging that plaintiff's January pancreatitis diagnosis required a hospital stay and monitoring, which did not occur. The parties agreed to settle at $1,250,000 at mediation.
2002
  • February 2, 2002 Settlement for $1,000,000. Plaintiff presented to chiropractor with back and chest pain and shortness of breath. Defendant chiropractor performed two adjustments. After leaving the defendant's office, the plaintiff died of heart complications. Plaintiff's estate brought suit, alleging defendant failed to rule out a cardiac condition. The parties agreed to settle for $1,000,000 at mediation.
  • February 1, 2002 Verdict for $6,357,030. Defendant physician failed to give mother of infant plaintiff antibiotics during childbirth when she had an infection. Plaintiff then developed streptococcus and an aneurysm, resulting in death. Plaintiff's mother brought action, alleging defendant failed to properly administer medicine, resulting in her infant's death. The jury found for the plaintiff, rendering a verdict of $6,357,030 that was capped at $1,500,000 per statute.
2001
  • September 1, 2001 Verdict for $3,500,000. Defendant OB/GYN used excessive force during childbirth, causing infant plaintiff to suffer injuries that resulted in Erb's Palsy. Plaintiff's mother sued, alleging defendant failed to perform a Caesarean section due the long labor. The jury sided with the plaintiff, rendering a verdict of $3,500,000 that was reduced to $1,000,000 per state cap.
  • May 1, 2001 Settlement for $1,375,000. Plaintiff, who had a history of drug addiction, underwent surgery. Post-surgery, he was placed on a combination of Dilaudid, Methadone, and Xanax, all depressants. A day later, a nurse greatly increased the medications when the plaintiff complained of pain. The plaintiff then overdosed, becoming unresponsive. Drugs were administered to counteract the narcotics, plaintiff was intubated after respiratory arrest, and plaintiff was then discharged without a neurological evaluation. Plaintiff, however, suffered from severe brain injury. Plaintiff brought suit, alleging the medications should not have been increased, defendants did not properly monitor his condition, and drugs were not administered in a timely fashion to counteract the narcotics. The parties agreed to settle at $1,375,000 at mediation.
2000
  • January 20, 2000 Verdict for $2,173,118. Plaintiff was cared for by defendant OB/GYN over a period of 16 months, during which multiple abnormal pap smears resulted. Plaintiff complained then of irregular bleeding, and the defendant recommended dilation and curettage. The plaintiff sought a second opinion and was diagnosed with cervical cancer. Despite undergoing treatment, she passed six months after diagnosis. Plaintiff's estate brought action, alleging that defendant failed to conduct a full investigation of the abnormal pap smear results, resulting in a diagnosis that came too late. The jury found for the plaintiff, rendering a verdict of $2,173,118.
1999
  • October 15, 1999 Settlement for $1,300,000. While being treated for auto accident injuries at defendant hospital, defendant anesthesiologist inserted an epidural that resulted in severe brain damage. Plaintiff now must living in a nursing home. Plaintiff sued, alleging anesthesiologist used an improper procedure and the hospital failed to have proper equipment for resuscitation. The parties agreed to settle for $1,300,000 at mediation.
  • January 1, 1999 Settlement for $1,000,000. Defendant OB/GYN monitored growth of plaintiff's child. During the last 7 weeks of pregnancy, the fetus failed to grow. At childbirth, the infant required resuscitation and a ventilator. The plaintiff sued, alleging that the defendant failed to investigate the lack of growth. The parties agreed to settle at $1,000,000 at mediation.
1998
  • November 3, 1998 Verdict for $3,800,000. Plaintiff sought treatment via alternative medicine from defendants for his Crohn's disease. Defendants gave plaintiff a machine to blow ozone into his bowels. As a result, a large mass grew in plaintiff's colon, obstructing his bowels. Plaintiff had to undergo surgery that removed the mass, as well portions of his intestines and colon. Plaintiff sued, alleging defendants were negligent in using improper treatments and practicing without medical licenses and without proper supervision. The jury found for the plaintiff, rendering a verdict of $3,800,000.
1997
  • November 21, 1997 Verdict for $2,750,000. Plaintiff presented to defendant OB/GYN on September 13 with a femur length that was not compatible with her 32 weeks of gestation. Though she was scheduled for a September 28 birth, defendant pushed her due date back to November 8. As such, the child was delivered by emergency C-section on October 12 when the mother experienced severe abdominal pain, and the infant was born with severe brain injuries. The plaintiff sued, alleging the defendant failed to account for restricted fetal growth and improperly postponed the birth date. The jury found for the plaintiff, rendering a verdict of $2,750,000.
  • January 1, 1997 Verdict for $2,045,000. Plaintiff was hospitalized twice and eventually passed away. An autopsy revealed the plaintiff had bacterial pneumonia. Plaintiff's estate brought suit, alleging that the defendant had failed to perform an X-ray and diagnose the infection. The jury found for the plaintiff, rendering a verdict of $2,045,000 that was capped at $1,000,000 per statute.
1996
  • February 20, 1996 Verdict for $3,000,000. Plaintiff was admitted to the hospital with back and shoulder pain, then discharged. Plaintiff was re-hospitalized with shoulder and leg pain. Defendant neurologist conducted a lumbar tap and CAT scan and found no issues. Plaintiff, in fact, had a cyst at T10 that went undiagnosed and resulted in paralysis two weeks later. Plaintiff brought suit, alleging failure to timely diagnose and perform a more complete CAT scan resulted in more severe injury. The jury found for the plaintiff, rendering a verdict of $3,000,000.
1995
  • November 9, 1995 Verdict for $2,500,000. Defendant cardiologist performed two electrocardioversions. During the procedure, plaintiff suffered a stroke that left her paralyzed and with cognitive issues. Plaintiff brought action, alleging the defendant failed to sufficiently anticoagulate her. The jury found for the plaintiff, rendering a $2,500,00 verdict that was capped at $1,000,000.
1993
  • February 11, 1993 Verdict for $1,250,000. Plaintiff underwent surgery for a tumor and subsequently experienced respiratory issues. Defendant administered heart medication, anesthesiologist attempted intubation, medication was ordered, and a tracheotomy was performed. Though defendant began breathing again, he suffered permanent brain damage and subsequently died. Plaintiff sued, alleging all defendants failed to properly diagnose the upper airway obstacle. The jury found for the plaintiff, rendering a verdict of $1,250,000.
1992
  • November 23, 1992 Verdict for $4,000,000. Plaintiff presented to defendant with chest pains. Defendant concluded that cardiac issues did not cause chest pains after conducting stress tests. Plaintiff then later suffered a heart attack and passed away. The plaintiff's estate sued, alleging that the stress test revealed heart disease and that the defendant should have begun immediate treatment. The jury found for the plaintiff, rendering a verdict of $4,000,000.

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