Current Litigation

While our law firm is currently pursuing over 300 personal injury cases, we have found it necessary to file a law suit in only about 15 cases at this time. Fortunately, most personal injury cases we handle are settled favorably without the need for litigation.

A brief summary of a number of representative cases being prepared for trial are as follows:

Medical Malpractice

1. Surgically Induced Wrongful Death

Our client N.O. underwent surgery at Fairfax Hospital for the removal of fibroid tumors and a possible appendectomy. At the time, she was 15 weeks pregnant. During the surgical procedure, the surgeon negligently cut the patient’s bowel and sutured the patient without carefully inspecting the operative area for damage.

Almost immediately after the surgery, the patient developed a severe fever and a distended abdomen. Radiological studies suggested strongly the presence of infectious material in the abdomen, but the surgeon failed to adequately investigate and treat the patient for over 10 days. As a result, the patient lapsed into critical condition and remained hospitalized for 6 weeks. Sadly, she sustained a miscarriage of her baby and over $250,000.00 in medical bills. We are seeking $2,000,000.00 in damages.

2. Drug-Induced Wrongful Death

B.C. was 49 years old and the father of three children. He was in excellent health other than his rheumatoid arthritis, which was very difficult to control. His rheumatologist placed B.C. on methotrexate, a very strong chemotherapy drug used at times to treat cancer patients. One of the side effects of methotrexate is the lowering of the patient’s immune system.

When B.C. became sick with “flu-like” symptoms, his treating physician failed to adequately diagnose and test B.C. for a reaction to the methotrexate. Three days after B.C. went to his rheumatologist for help with his illness, he died due to the doctor’s inadequate response. We are seeking $1,500,000.00 in damages for his surviving family.

Automobile Collisions

1. Drunken Driver/Unlawful Death

L.M.B. was driving home from her church late one evening when her vehicle was struck head-on by another vehicle which was being operated by a drunk driver. The 21-year-old driver of the other vehicle was traveling at an estimated speed of 120 m.p.h. when his vehicle went over a hill, went airborne, crossed over the center line, and landed on the top of the car driven by L.M.B. She was killed instantly. The insurance company that covered the reckless driver’s vehicle tendered policy limits ($300,000.00) and we sued the bar for serving the driver when witnesses said he was obviously drunk.

Currently, Virginia law does not permit the recovery of damages from a bar under these circumstances. Our firm has taken the appeal up to the Virginia Supreme Court requesting that the law be changed.

2. Herniated Lumbar Discs

At this time, we are preparing for trial of 4 cases wherein our clients sustained serious and permanent injuries to the spinal discs in the upper or lower portion of their spines. In two cases, our clients were required to suffer at least one surgical procedure to repair their spines.

In the surgical cases, the lower back (lumbar) did not return to normal, postoperatively. Consequently, the evidence now indicates that the patient has to endure a lifetime of pain and suffering and has a permanent impairment under the American Medical Association (AMA) Guidelines.

3. Fracture of the Skull/Arm/Leg/Ribs/Internal Injuries

Our client F.S. was a passenger in a motor vehicle driven by her husband. A teenager who was driving a vehicle from the opposite direction went left-of-center and struck our client’s vehicle head-on. Paramedics had to extricate our client from her vehicle with the “jaws of life” and she was immediately transported by helicopter to Fairfax Hospital. During the flight, F.S. had to be resuscitated twice and was immediately admitted to Fairfax Hospital’s Intensive Care Unit. She is still recovering from her injuries after almost a year of treatment and physical therapy.

It is too early to determine the value of this case as the patient has not yet been released from treatment. We expect to recover, however, significant damages for this client in the area of $750,000.00 to $1,000,000.00.

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