Northern Virginia Personal Injury Lawyer - Wrongful Death

Patient Died After Aquiring Infection at Hospital

Ben Glass — Tue, 26 May 2009 18:15:00 GMT

A recent ruling by the Supreme Court of Virginia means that a plaintiff filing suit over a family member’s death now has increased flexibility in advancing his claim against medical providers.

The decision, which was made on January 16, addresses a suit alleging that the mistreatment of a patient caused both personal injury and wrongful death. Due to Virginia law allowing only one recovery for an injury, a patient’s family is able to win damages for either the personal injuries or the death, but not both. Circuit courts have been inconsistent on when and under what circumstances the plaintiff has to choose his path.

Defense attorneys have typically been able to force a plaintiff to elect a remedy, making the choice between the wrongful death claim and the personal injury claim before trial. However, the Supreme Court approved the decision of a lower court to allow the jury to decide on the basis of medical testimony, even though the jury heard evidence of both the suffering of the patient and the emotional loss of the family.

The patient in Centra Health Inc. v. Mullins (VLW 009-6-016) died after acquiring an infection at the defendant hospital. His family filed suit on both the injury and death theories. The jury rejected the wrongful death claim and awarded the family $325,000 in damages for the personal injury claim.

The Supreme Court held that allowing the two mutually exclusive claims to go to the jury was proper because the evidence had failed to show before trial whether the death was caused by the alleged improper care.

The court decided that a plaintiff in such a case does not have to decide between the two remedies until enough evidence is in the record to show that the injuries and death were the result of the same cause and that point may not come until the end of a jury trial. The court upheld the $325,000 judgment.

Defendants in such cases, usually hospitals and nursing homes, have argued that it is unfair for the jury to be allowed to hear evidence of both physical suffering by the patient and emotional loss by the family when they are able to award damages for only one of those elements. But Justice Lawrence L. Koontz Jr., writing for the court, said that the remedy is to split the trial into separate proceedings for determining liability and damages.

Originally posted at InjuryBoard by Ben Glass

Personal Injury/Wrongful Death Award Against town of Blacksburg

Ben Glass — Sat, 01 Nov 2008 19:26:48 GMT

A Montgomery County Circuit Court judge ordered the reduction of a $350,000 personal injury/wrongful death jury award against the town of Blacksburg that stemmed from a fatal car crash. The 8-year-old liability suit may have been reignited by the ruling.

On October 17, Judge Ray Grubbs reduced the damages owed to Sharon Knight, of Blacksburg, to $50,000, but denied the motion of the town to set the jury verdict aside.

However, the case is likely to continue, as Knight’s attorney said that she may appeal to the Virginia Supreme Court and the attorney for Blacksburg said that the town would counter-appeal if she does.

Knight had filed a civil suit against Blacksburg and the director of the Third Annual Greater Blacksburg Triathlon, held in 2000, alleging negligence for their failure to warn passing motorists of the race course.

Triathlon participant Gary Wayne Taylor, 30, of Lynchburg, died midway through the competition after his bicycle crashed into Knight’s car.

In January, Knight testified to a jury that she had to seek counseling more than a year after the accident because of the nightmares and other trauma-related symptoms she suffered and asked for $750,000 in damages. The jury found that the town was negligent and awarded her $350,000.

The town argued that the jury’s verdict should be set aside on several legal grounds, including whether or not the town should be granted immunity. Grubbs noted that Blacksburg is not immune from the claim. However, he said the accident did not cause Knight any lasting physical injuries and her mental and emotional trauma were resolved within six months, so the award was out of proportion.

Originally posted at InjuryBoard by Ben Glass

Drunk Driving Teenage Driving Manslaughter

Ben Glass — Fri, 09 May 2008 21:46:00 GMT

A teenager from Fairfax County pled guilty on April 21 to involuntary manslaughter after a 59-year-old woman from Leesburg died from the personal injuries she received in a drunken-driving crash with the girl.

Under the plea agreement, the charge of aggravated manslaughter was reduced by the state to involuntary manslaughter, which carries a lesser penalty. The 17-year-old girl also pled guilty to a misdemeanor charge of drunken-driving.

According to the girl’s attorney, the evidence the state had was strong, and the girl wished to accept full responsibility for the tragic accident.

As a first-time offender, the girl’s sentence could range from probation to a term in a state juvenile facility, according to officials. The length of any sentence will be determined by the Department of Juvenile Justice. The Virginia juvenile courts have control over defendants until the age of 21.

On the night of September 20, the girl, whose name has not been released because she is a minor, had been drinking before her Ford Escape struck the van of Kathleen Becker, according to police. The girl’s blood-alcohol level was 0.17, over twice the legal limit for adults, according to court records.

Originally posted at InjuryBoard by Ben Glass