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Westlake Legal Group > Posts tagged "Personal Injury"

Mediation in Fairfax County, VA Results in 1 Million Settlement for Plaintiff-

Westlake Legal Group Mediation-300x200 Mediation in Fairfax County, VA Results in 1 Million Settlement for Plaintiff- Personal Injury Award Personal Injury Mediation

In recent news in the area of personal injury law reported in Virginia Lawyers Weekly, a mediation in Fairfax County Circuit Court resulted in a settlement of $1 million for the plaintiff. The plaintiff in the case was a back seat passenger in a car traveling in Oakton, Virginia following a night out with friends. The car left the road and crashed into utility pole and a tree. The plaintiff suffered injuries to her back which resulted in  surgeries as well as ongoing treatments for both the injury and for pain.  The issue during mediation was whether the plaintiff had assumed the risk by getting into a car  with a driver who had been drinking and who was charged with driving under the influence following the accident.  While the defendant admitted he had consumed as many as six drinks over the course of the evening, independent witnesses testified that he appeared fine. Following mediation, the plaintiff was awarded $1 million.

 

Laura Forte
Westlake Legal Group
46175 Westlake Drive, Suite 320
Sterling, VA 20165
(703) 406-7616
Fax: (703) 444-9498
lforte@westlakelegal.com

No Physical Injury Defeats Distress Claim—

Westlake Legal Group aid7832014-v4-728px-Prove-an-Emotional-Distress-Claim-Step-26-300x225 No Physical Injury Defeats Distress Claim— Personal Injury Negligent Infliction Emotional Distress Distress Claim

No Physical Injury Defeats Distress Claim—As reported in Virginia Lawyers Weekly, Greyhound prevails on its Rule 12(b)(6) motion to dismiss an amended complaint for negligent infliction of emotional distress filed in the U.S. District Court, Roanoke, by parents of a minor who bought a Greyhound ticket without presenting an unaccompanied minor form, as required by company policy.

On April 8, 2016, plaintiff’s 13-year old son, walked two miles from his home to the Greyhound bus station in Max Meadows, Virginia, at 3 a.m., bought a ticket to Brooklyn with his father’s pistol in his pocket, waited an hour for the bus and then boarded.  The next morning, his mother noticed he was missing, his father learned his pistol was missing and they notified the Wythe County Sheriff’s Office. Upon determining that their son was on a Greyhound bus headed north, the parents contacted Greyhound for additional information.  They claimed that Greyhound was uncooperative.  The NYPD joined forces with the Wythe County Sheriff and the minor was arrested at 7:30 p.m. in Manhattan for carrying a loaded firearm.

The plaintiffs sued Greyhound for negligent infliction of emotional distress and filed an amended complaint on June 1, 2017.  In response, Greyhound filed a motion to dismiss.  Virginia law governs the claim.  To prevail on a claim of intentional infliction of emotional distress, a plaintiff must prove, among other elements, that the wrongdoer inflicted emotional distress “so severe that no reasonable person could be expected to endure it.”  The standard for negligent infliction of emotional distress is even more rigorous.  To survive a motion to dismiss in a case such as this, plaintiffs must plead sufficient facts to establish that they suffered a physical injury that was the natural result of fright or shock proximately caused by the defendant’s negligence.  More specifically, a successful claim requires evidence of symptoms or manifestations of physical injury, not merely of an underlying emotional disturbance.

Plaintiffs claimed they suffered “extreme stress” as a result of Greyhound’s actions, which were manifested as physical shaking, interrupted sleep, panic attacks, and altered eating habits.  Additionally, they allege that the father’s blood pressure has, at times, been elevated and erratic since the incident.

The court agrees with Greyhound that the conditions described by the plaintiffs do not satisfy the physical injury requirement applicable to negligent infliction of emotional distress claims.  The symptoms claimed by plaintiffs are more indicative of an underlying emotional disturbance, rather than a physical injury.  Relying on Myseros v. Sissler, the court finds that plaintiffs’ allegations are insufficient to state plausible claims for negligent infliction of emotional distress.

Greyhound’s motion to dismiss is granted.

McClary v. Greyhound Lines, Inc. (Conrad) No. 7:17cv00098, Aug. 29, 2017 USDC at Roanoke, Va.; (VLW 017-3-434).

 

 

Jacqueline A. Kramer

Attorney at Law

Westlake Legal Group
46175 Westlake Drive, #320
Potomac Falls, VA 20165
(703) 406-7616
Fax: (703) 444-9498
jkramer@westlakelegal.com

Family Of Girl With Cerebral Palsy Wins $130 Million Verdict Against Hospital

By Kevin Duffan, VA/NC Medical Malpractice Attorney

What Happened:

A major medical malpractice case in New York recently culminated with a $130 million jury award. The family from Long Island sued after they claimed their daughter’s delivery at a Long Island hospital resulted in her later developing cerebral palsy.

The jury that deliberated on the case found that the hospital, St. Charles Hospital and Rehabilitation Center, departed from accepted obstetrical practice in several important ways, ways that the jury found ultimately caused harm to the baby. These alterations from standard operating procedures resulted in a loss of oxygen to the young girl, Shannon Reilly.

Attorneys for the family now say that Shannon is unable to walk, speak, write or swallow without assistance from others. The girl required round-the-clock care for her serious injuries. The jury saw the severity of her injuries as justification for the massive award, one of the largest medical malpractice verdicts in New York history.

Despite the good news for the family, it was a very long road to this point. The case actually heated up in 2009 when the family’s attorney convinced them to reject an $8 million settlement offer from the hospital that was attempting to avoid going to trial. The family agreed and ended up losing the case. The loss was seen as so bad that the hospital’s attorneys mocked the failure in the press, laughing at them for turning down $8 million and then getting shut out of court.

Though it was difficult, the family and their attorney persevered and in 2011 the New York Appellate Court reversed the lower court decision, ordering a new trial. The second case ended in a hung jury and required a third trial, which began last month. Despite the years of struggling the fight appears to have been worth it.

The Virginia Injury Attorney’s Perspective:

Most children who have cerebral palsy have had it since birth, often due to a lack of oxygen to the brain. Sometimes this lack of oxygen is because of medical malpractice and delivery mistakes during labor or childbirth. In cases where medical malpractice has been linked to a child’s development of cerebral palsy, common causes include: the failure to properly detect or treat infections in the mother during pregnancy, the failure to properly monitor fetal heart rate before and during labor, the failure to plan for a cesarean section when a baby is too large to safely pass through the birth canal and negligence in using instruments like forceps in a delivery.

If you or a loved one has been the victim of a medical error or complication, you should consult with an experienced Virginia (VA) medical malpractice lawyer who has successfully handled similar med mal cases in the past. Our firm enjoys a reputation of experience and success while representing victims in medical malpractice cases against doctors, hospitals, and other health care providers. We approach each case individually to provide the resources, knowledge and experience to achieve success on behalf of our clients.

Potentially Helpful Info:

If you or a member of your family has been harmed by a Virginia (VA) doctor’s misdiagnosis, mistake or negligence, you can begin to learn about your legal rights and options for seeking compensation by downloading this free report.

Have Questions? Check Out Our Firm’s FAQs.

If you or a loved one has been injured at the hands of a medical professional, chances are you are confused about your options and may not know where to turn for help. To learn more about medical malpractice cases, check out this online library of Virginia (VA) attorneys’ answers to frequently asked questions regarding medical malpractice lawsuits.

Here’s a post discussing the importance of medical records in malpractice lawsuits:

[youtube https://www.youtube.com/watch?v=QmSHuSdIAXw]

CA

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.

Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: https://westlakelegal.com/

Alleged Dentist Puts 7,000 Patients at Risk of HIV, Hepatitis

By Jim Lewis, Virginia (VA) Medical Malpractice Lawyer

We put a lot of trust into any medical professional when we walk into their office. Over 7,000 patients have been put at risk of contracting HIV and hepatitis after an Oklahoma dentist allegedlybreached their trust and violated protocol. To read the full story, follow the link to “Alleged Dentist Puts 7,000 Patients at Risk of HIV, Hepatitis”.

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.

Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: https://westlakelegal.com/