Case Results

Below are representative settlements and verdicts of cases pursued by Williamson & Lavecchia, L.C.

PLEASE NOTE THE RESULTS OBTAINED IN SPECIFIC CASES DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PAST CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN FUTURE CASES UNDERTAKEN BY A LAWYER OR LAW FIRM.

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Medical Malpractice

• $3,700,000 Malpractice Verdict -

  In February 2009, Jonathan Petty obtained a $3.7 million jury verdict on behalf of his client in a medical malpractice trial in Prince Edward County (Farmville, Virginia). The plaintiff was a 36 year old mother who had a CT scan of her abdomen approximately 11 hours after a motor vehicle accident.  Her chief complaint was abdominal pain.  The defendant radiologist interpreted and reported the study as showing kidney fracture and retroperitoneal hematoma.  Based on the report, the emergency physician consulted a urologist, who in turn admitted the patient to the hospital for observation. 

  Five days later, the patient returned to the ER after experiencing uncontrollable nausea and vomiting.  Repeat CT scan demonstrated a bowel injury in the area of the duodenum.  She was airlifted via helicopter to VCU, where she underwent emergency surgery followed by a lengthy hospitalization.  In the two years since the accident, she has been hospitalized 5 times, undergone 10 surgeries on her abdomen, experienced multiple complications -including abscess and fistula formation, suture line dehiscence, and ventral hernia development – and incurred over $690,000 in medical expenses.

  The defendant radiologist had failed to recognize and report obvious signs of bowel injury that was present on the original CT scan.  Our client’s treating doctors testified at trial that the original injury was small and uncomplicated, and that timely diagnosis and treatment would have required only a single definitive surgery followed by a brief hospitalization and recovery period.  The 5 day delay in diagnosis resulting from the radiologist’s mistake was the reason our client suffered as she did.

  At trial, the defense lawyer argued that it was OK for the radiologist to miss the obvious signs of a bowel injury.  He also argued that, as a radiologist, the defendant was just one member of the treatment team who did not make treatment decisions for the patient.  In other words, some of the other doctors involved in her care should have been held responsible for the mistake, too.

  The insurance carrier never made a settlement offer in the case.  The jury returned a verdict against the defendant for $3.5 million plus interest from February 1, 2008.  The verdict exceeded our request for a verdict of $3 million.
  
  Please click here to learn more about Jonathan Petty's training and experience as a trial lawyer. 
  
  Jonathan represents victims of medical malpractice, defective products and other serious injuries throughout Virginia including Farmville, Richmond, Petersburg, Fredericksburg, Hampton Roads, Charlottesville, and northern Virginia.  For a free consultation please call us at (804) 288-1661 or click here to email us.

  Awarded: $3,700,000 Malpractice Verdict

• $2,000,000 Jury Verdict -

  Jonathan Petty successfully completed a medical malpractice trial in Federal Court - the United States District Court for the Eastern District of Virginia, Richmond Division.  Our client was a 54 year old man who presented to the emergency department in Kilmarnock, Virginia with complaints of severe abdominal pain.  Studies were consistent with a bowel obstruction, and the radiologist suggested further work-up in this direction.  Despite the recommendation, the general surgeon delayed ordering more studies and further delayed performing surgery to correct the bowel obstruction.  As a result of the delay, our client's bowel ruptured.  He became septic, was hospitalized in the ICU for over a month, endured several revision surgeries and he left the hospital with a colostomy that he still must wear to this day.  Despite the obvious error and terrible injuries suffered by our client, the defendant surgeon refused to consent to settle the case, and his insurance company never offered to resolve the case short of trial.  After a 3 day trial, the jury of 9 Virginians returned a unanimous verdict in favor of our client compensating him $2 million for his injuries.
  
  
  

  Awarded: $2,000,000 Jury Verdict

• $1,600,000 Birth Injury Settlement - Our firm recently represented the interests of a little girl who was born with severe cerebral palsy caused by oxygen deprivation at birth.  Her mother's pregnancy was uneventful until she arrived at the hospital for delivery.  During labor her care providers administered Pitocin, a drug that is used to speed up labor by increasing the frequency of contractions.  A fetal heart monitor began demonstrating concerning heart tones, including elevated heart rate and late decelerated heart rate following contractions.  This indicated that the baby was not tolerating labor well, and was an indication to stop giving Pitocin.  Unfortunately, the care providers continued giving the medication and even increased the dosage.  Hours later, the baby was finally delivered by emergency c-section.
  
  Within the first 24 hours after birth, the baby began experiencing seizures.  It was determined that she suffered from birth related asphyxia that resulted in a metabolic acidosis, neurological injuries and the development of cerebral palsy.  Now four years of age, she has quadriplegic cerebral palsy with a mixed movement disorder, including spasticity in her extremities.  She also has a cognitive impairment that affects her speech and language capabilities, as well as fine and gross motor function.  She will likely be dependent for all daily activities for the rest of her life.
  
  Our firm approached the care providers with a proposed settlement prior to filing a lawsuit.  Unfortunately, because of Virginia's statutory cap on damages, the most that could be recovered for the child would be $1.8 million, even though her lifetime needs would cost considerably more than that.  The matter eventually resolved confidentially for $1.6 million without the need to resort to litigation.  A Special Needs Trust funded by the settlement will create a lifetime of annuity payments for the benefit of the child.  The trust was also court approved to purchase a single level accessible level home to allow the mother, who is the child's sole care provider, to accommodate her daughter's limited mobility and daily care needs.

  Awarded: $1,600,000 Birth Injury Settlement

• $1,600,000 Arbitration Award -

  After failed settlement negotiations with the doctor’s insurance company and a jury trial resulting in a hung jury, Jonathan Petty obtained an arbitration award of $1.6 million plus funeral expenses for his client in a medical malpractice case.  The case involved a 56 year old woman who was admitted to the hospital through the emergency room with a confirmed diagnosis of a complete small bowel obstruction.  The general surgeon planned to take her to surgery, but postponed the procedure when the patient took a turn for the worse, developing signs and symptoms of septic shock.  She eventually died of complications of the small bowel obstruction without ever having been taken to surgery.

  The plaintiff contended that the standard of care required the surgeon to take his patient to surgery, since her underlying condition and evolving septic shock would not improve without an operation.  The defendant surgeon contended that the patient was too sick to withstand surgery, and that it was appropriate for him to wait.  After a full arbitration hearing involving the testimony of four experts in the fields of general surgery and critical care, the arbitrator (a retired Virginia Circuit Court judge) found in favor of the plaintiff and entered the award to be distributed among the patient’s husband of 30 years, adult daughter and minor, autistic son.

  Our firm always strives to obtain favorable settlements prior to proceeding with jury trials or arbitrations.  We always give the defendants and their insurance companies the opportunity to resolve our clients’ claims in a reasonable manner.  Often, this happens.  Unfortunately, it is becoming more common that the defendant physician will refuse to consent to a settlement, or the insurance company will refuse to negotiate in good faith.  It is only after negotiations have failed that we proceed to try our clients’ cases to a jury.

  Awarded: $1,600,000 Arbitration Award

• $255,000 Settlement -

  Our client was admitted to a hospital following spinal surgery where she developed a large infected pressure ulcer on her back.  She required two further surgeries to treat her pressure ulcer.  She required months of treatment at a nursing home plus months of home health nursing care.  Our investigation showed that hospital failed to provide adequate pressure relief and nutritional support to prevent the development of her pressure ulcer.  The hospital compounded her injuries by failing to notify her doctors that she had developed a serious infected pressure ulcer. 

  The case settled at the end of an all day mediation.

  Awarded: $255,000 Settlement

Nursing Home and Elder Abuse

• $710,000 Nursing Home Settlement - Our client was admitted to a Richmond nursing home after suffering from a debilitating stroke.  Within months of his admission to the nursing home, he developed numerous pressure sores due to inadequate care and poor nutrition. His weight dropped to barely over 100 pounds. He developed 14 pressure sores some as large as 8 cm x 5 cm and penetrating all the way through his skin and muscles. Our investigation found numerous examples of suspected false entries in his nursing home chart.  We filed a lawsuit seeking compensatory damages for the losses to his family and punitive damages as a deterrent and punishment. The nursing home settled the case after we took the depositions of their experts.
  
  For more information about pressure ulcers including their causes and treatments, please visit our pressure ulcer practice area on our nursing home website by clicking here. 
  
  If you or a loved one has suffered injuries from a pressure ulcer due to malpractice in a nursing home, hospital, or assisted living facility, please call us at (804) 288-1661 or click here to email us to discuss your legal rights.

  Awarded: $710,000 Nursing Home Settlement

• $450,000 Personal Injury Settlement - Our client was admitted to an assisted living facility in Richmond suffering from mental illnesses. Without obtaining permission from his family or a qualified doctor, he was placed in a locked unit on the third floor of this facility. The assisted living facility failed to obtain appropriate treatment for his mental illnesses.  After only a few days he jumped out of the window and suffered fractures in his back and a punctured lung. Unknown to his family, the facility was previously cited by the Virginia Department of Social Services for failing to secure the windows. Through our investigation we learned of the previous citations and that another resident had attempted to jump out the window.
  
  For more information about assisted living facilities, also called adult homes, please visit our elder abuse website which has a section devoted to the legal rights of residents in assisted living facilities.  
  
  Please click here to contact us for a free consultation or call us at (804) 288-1661.

  Awarded: $450,000 Personal Injury Settlement

• $345,000 Assisted Living Facility Settlement - Our client, who was affectionately called by her family Aunt T, moved into a Richmond assisted living facility due to progressive dementia. Unknown to her family, the facility had been cited by the Department of Social Services for failing to provide heat for its residents. On a December morning, Aunt T was found in bed, unconscious, and suffering from severe hypothermia. Upon arrival at the hospital, her body temperature was only 84 degrees. She tragically died two weeks later from complications of hypothermia. Our investigation revealed the prior citations for lack of heat. We also interviewed a former employee who confirmed that the building was so cold that employees worked in winter coats and long underwear just to stay warm. The owner refused to raise the temperature in the building and actually covered and locked the thermostat. The case settled the night before trial for $345,000.
  
  If you or a loved one is a victim of neglect at an assisted living facility, also called an adult home, please click here to contact us or call us at (804) 288-1661.

  Awarded: $345,000 Assisted Living Facility Settlement

Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.