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.

• September 1, 2012 Settlement for $1,000,000. A plaintiff with a history of diabetes complained to her doctor about experiencing nausea, vomiting, and diarrhea. The doctor conducted blood work and sent the plaintiff home with anti-nausea medication. After taking the medication, the plaintiff fell asleep and became unresponsive. The spouse contacted the doctor, who told him that she was sleeping off her illness. However, in fact, the plaintiff had slipped into a coma and later passed away. A subsequent review of the blood work showed dangerous levels of acidosis that required immediate hospitalization. Plaintiff's estate sued for negligence in failing to diagnose the acidosis and send the plaintiff to the hospital immediately. The doctor defendant agreed to settle for $1,000,000 at mediation.
• August 24, 2012 Settlement for $1,475,000. The plaintiff was hospitalized for severe abdominal pain, and a defendant surgeon was instructed to perform an appendectomy. Rather than removing the appendix, the surgeon removed fat cells. The plaintiff was then sent back for a second surgery the following day for a second attempt at an appendectomy but suffered a stroke and subsequent illness. The patient later passed away. Plaintiff's estate sued the surgeon for negligence. The parties agreed to settle for $1,475,000 at mediation.
• August 1, 2012 Settlement for $1,850,000. A plaintiff was admitted to the hospital at 9:30 am due to a prolonged second stage of birth. The defendant OB/GYN did not arrive at the hospital until 1:15 pm, and the child was not delivered until 2:39 pm. Because of the prolonged second stage of birth, the infant was deprived of oxygen and was born with cerebral palsy and other incapacitating birth defects. The plaintiff sued the OB/GYN for negligence, arguing that the OB/GYN did not respond properly to the prolonged second stage and failed to conduct a C-section. The parties settled for $1,850,000 at mediation. You can learn more about birth injury cases generally here.
• July 9, 2012 Settlement for $1,690,000. A plaintiff was undergoing gastric bypass surgery. Defendant anesthesiologist accidentally used the wrong port for injecting air (a test performed to test the integrity of the stomach pouch), causing the plaintiff's esophagus to rupture. The plaintiff sued the anesthesiologist and surgeon, and the parties settled for $1,690,000 at mediation.
• July 1, 2012 Settlement for $1,700,000. A defendant neurosurgeon ordered spinal fusion surgery for plaintiff but failed to inform the patient that he had only recently been trained on this form of surgery and had not yet performed the surgery. During surgery, the defendant made an error, causing blunt force trauma to the spine that resulted in paralysis. The parties agreed to a $1,700,000 settlement at mediation.
• May 9, 2012 Verdict for $2,000,000. For two years in a row, the defendant physician conducted routine in-house chest films as part of an annual exam and reported no abnormalities. The third year, the plaintiff began complaining of chest pain, and after conducting another chest X-ray, the physician diagnosed the plaintiff with bronchitis or pneumonia. After seeing a radiologist, the plaintiff was diagnosed with advanced stage lung cancer and subsequently passed. The plaintiff's estate sued the physician for failing to identify the abnormalities in the three films, as well as failing to refer the plaintiff to a radiologist and surgeon early on who could have removed the tumor relatively easily. The jury awarded a $2,000,000 verdict at trial.
• March 22, 2012 Verdict for $2,000,000. Plaintiff child was diagnosed with cystic fibrosis and pancreatic insufficiency at the age of 5 when he was presented to the doctor defendant with breathing problems. For the 8 years following, the plaintiff sought daily treatment for the incurable disease. At the age of 13, it was discovered that the plaintiff had mere asthma and not cystic fibrosis. Plaintiff's parents sued the doctor for only testing for cystic fibrosis and not considering asthma as a possibility. The jury awarded a $2,000,000 verdict at trial.
• March 6, 2012 Settlement for $1,500,000. Plaintiff child underwent a diagnostic cardiac catheterization at a hospital. An X-ray post-surgery revealed pulmonary edema. A physician ordered a chest X-ray for the next day, which was never performed. Early in the morning of the following day, plaintiff was extubated and administered oxygen due to depleting oxygen levels. Nurses informed multiple physicians of patient's poor condition. However, at 11 am, patient was discharged from the hospital. On the way home from the hospital, the plaintiff ceased breathing and passed away. The plaintiff's parents sued the hospital and the physicians who had worked with the patient, and the parties agreed to a $1,500,000 settlement at mediation.
• March 2012 Settlement for $2,000,000. Plaintiff, during childbirth, opted for a vaginal birth after C-section (VBAC), which comes with a high risk of uterine rupture. During birth, the plaintiff experienced uterine rupture, which in turn ruptured the placenta, causing permanent and severe brain damage in the infant. The plaintiff sued defendant OB/GYN for failing to perform a C-section despite warning signs. The parties agreed to a $2,000,000 settlement at mediation.

• December 2011 Settlement for $1,375,000. Plaintiff child, born with Pierre Robin syndrome, required a tracheostomy tube in order to breathe during early childhood. During a surgical procedure to repair a hole in the trachea and skin, the defendant surgeon left the trachea open but closed the skin, causing air to enter the child's chest. The child's lungs were unable to pump air, and pressure built up inside the child's lungs and heart. The child subsequently passed. The plaintiff's parents sued, alleging that the attempted procedure deviated from the normal standard of care. The parties agreed to a $1,375,000 settlement at mediation.
• November 2011 Verdict for $2,650,000. In 2008, defendant radiologist conducted a routine mammogram on the plaintiff and missed an abnormality. Over a year later, the plaintiff returned to the defendant for another annual mammogram, and the radiologist now noticed two masses. The masses were Stage III-A breast cancer, which is incurable. The plaintiff sued the radiologist, asserting that he had been negligent in failing to detect the masses in 2008, to follow up with her, and to refer her to a surgeon for biopsy. As such, she was unable to seek curative treatment in time. A jury found for the plaintiff, rendering $2,650,000 verdict.
• October 3, 2011 Settlement for $1,200,000. A plaintiff mother who was an insulin-dependent diabetic was admitted to the hospital for childbirth. During the 26-hour childbirth, the plaintiff was not given any insulin despite signs of elevated blood sugar levels. As such, she developed diabetic ketoacidosis, which caused the infant to be born with hypoxic ischemic encephalopathy (oxygen deprivation). The child was resuscitated and placed on life support but passed away after six days. The plaintiff sued the hospital for negligence, arguing that the hospital failed to heed the warning signs of ketoacidosis and give her insulin. The parties agreed to a $1,200,000 settlement at mediation.
• October 1, 2011 Settlement for $1,400,000. A plaintiff suffered a leg fracture due to a fall and was admitted to the hospital for leg surgery. Following surgery, she developed compartment syndrome, a syndrome in which muscles are subject to increased pressure, resulting in blood flow and nerve damage. Her leg then became necrotic, and the hospital was forced to amputate. The plaintiff sued, arguing that the defendant surgeon had failed to heed her complaints of pain and compartment syndrome and that the nurses had failed to adequately respond to her emergency. The parties agreed to a $1,400,000 settlement at mediation.
• September 30, 2011 Settlement for $1,375,000. A plaintiff was referred to defendant urologist for having elevated levels of a prostate-specific antigen. The urologist conducted a biopsy, which revealed positive results for prostate cancer. However, the defendant failed to notify the plaintiff of the positive results. A year later, the plaintiff sought treatment from another urologist for an enlarged prostate and was told he had prostate cancer. The prostate cancer was incurable, and the plaintiff passed away. The plaintiff's estate brought action, alleging that due to the defendant's negligence in failing to notify the plaintiff of the positive results, the plaintiff was unable to seek life-saving treatment. The parties agreed to a $1,375,000 settlement at mediation. You can get more urology verdicts here.
• September 26, 2011 Settlement for $1,700,000. The plaintiff was admitted to the hospital with shortness of breath and chest pain. Suspecting pneumonia, the doctor decided not to conduct a CT chest scan to check for a pulmonary embolus. The patient was treated for pneumonia, and due to reduced kidney function, the doctors started the plaintiff on Heparin therapy. When the patient's condition failed to improve, the doctors stopped the Heparin therapy in preparation for a lung biopsy. The plaintiff then suffered a fatal pulmonary embolus. Plaintiff's estate argued that warning signs of pulmonary embolus were present and that the doctors erred in treating for pneumonia and not conducting tests for pulmonary embolus. The parties agreed to a $1,700,000 settlement at mediation. You can get more verdicts against ER doctors here.
• June 1, 2011 Settlement for $1,200,000. Starting in 1983, a plaintiff began showing elevated liver enzymes. However, the defendant physician did not request a complete metabolic profile until 2001, which he never received and never followed up on. In 2007, the defendant had a Hepatitis C test conducted, which was positive. However, the plaintiff was never notified of the test results. In 2009, plaintiff saw a gastroenterologist for a colonoscopy and was told he had Hepatitis C. Plaintiff was later diagnosed with liver cancer and subsequently passed. The plaintiff's estate filed suit, arguing the defendant breached the standard of care by ignoring the elevated liver enzymes and failure to discuss the abnormal test results with the patient. The parties agreed to a $1,200,000 settlement at mediation.

• December 20, 2010 Settlement for $3,000,000. Plaintiff underwent multiple surgeries in her right and left eyes, including three corneal transplants, trabeculectomy, cataract removal, intraocular lens implantation, removal of adhesions on the iris, and injection of medication directly into the right eye. The plaintiff sued, arguing the defendant had breached the standard of care, necessitating multiple surgeries. The parties reached a settlement of $3,000,000 at mediation.
• October 25, 2010 Settlement for $1,050,000. A plaintiff underwent a myomectomy in 2004 after a mass was found in her uterus. Part of the tissue was biopsied and tested for cancer. However, the defendant pathologist determined it was benign. After further complications, plaintiff then underwent a hysterectomy in 2006, and part of the tissue was biopsied and tested for cancer. Again, another defendant pathologist determined the mass was benign. After complaining of back pain in 2007, a CT scan discovered a malignant tumor. Her 2004 and 2006 test results were reviewed, at which evidence of uterine cancer was detected. Plaintiff filed suit against the two pathologists, alleging that she would have had a 50% chance of survival had the cancer been correctly diagnosed earlier. The parties agreed to settle at $1,050,000 at mediation.
• September 17, 2010 Settlement for $1,000,000. Deceased plaintiff was born prematurely and placed in neonatal intensive care. A catheter was inserted to provide infant with blood, lipids, nutrition, and medication. 48 hours after insertion, the insertion point showed evidence of issues. However, it was not until another 48 hours later that the catheter was removed. At this point, the arm required amputation as it had become necrotic. Infant then passed away. Plaintiff's parents filed suit, alleging that the hospital failed to monitor the insertion point properly and failed to properly care for the arm upon discovery. The parties reached a settlement of $1,000,000 at mediation.
• September 1, 2010 Settlement for $1,700,000. Following gastric bypass surgery, plaintiff was admitted to the hospital with breathing issues and vomiting, then discharged a week later. Two weeks later, the plaintiff was again admitted, now with complaints of dizziness and vomiting. After discharge, plaintiff consulted with her primary care physician, complaining of problems with walking, standing, and speaking. Plaintiff was again admitted to the hospital with complaints of dizziness and blurry vision, was diagnosed with mad cow disease, and was discharged. Plaintiff was again admitted for breathing problems and passed away in the hospital. An autopsy revealed that the plaintiff had Wernicke encephalopathy, not mad cow disease. Plaintiff's estate sued defendants for failing to properly diagnose and treat her condition. The parties agreed to settle at $1,700,000 at mediation.
• August 26, 2010 Verdict for $1,950,000. Plaintiff presented with breathing problems immediately after four outpatient plastic surgery procedures. Plaintiff was sent home anyway. Plaintiff's sister contacted defendant's office, claiming plaintiff had difficulty moving. Approximately 33 hours after the surgeries, she was found unresponsive in bed. She had passed away due to aspiration pneumonia. Plaintiff's estate brought action, claiming the defendant failed to properly identify the aspiration issues post-surgery and respond to the urgent phone call. The jury found for the plaintiff with a verdict of $1,950,000.
• July 1, 2010 Settlement for $1,600,000. Following a laryngectomy surgery, nurses notified the defendant surgeon that plaintiff had lost circulation in his legs. Three-and-a-half hours later, the defendant examined the plaintiff and called for a vascular consult. The vascular surgeon, who claimed the defendant never contacted him, did not examine the plaintiff until 8 hours later. As a result, the plaintiff's legs were amputated. Plaintiff brought action, alleging the surgeon acted negligently by failing to diagnose the issue, respond in a timely manner, and obtain a vascular consult faster. The parties agreed to settle for $1,600,000 at mediation.
• June 1, 2010 Settlement for $1,500,000. After birth of plaintiff patient, the defendant radiologist conducted an ultrasound to see if plaintiff's hips were located and reported negative findings. At four months old, the same procedure was conducted, and again, another defendant radiologist reported negative findings. At 8 years old, plaintiff was diagnosed with bilateral hip dislocations, requiring reconstruction. The plaintiff brought action, alleging that defendants acted negligently by failing to properly interpret the ultrasounds. Parties agreed to settle at $1,500,000 at mediation.
• May 27, 2010 Verdict for $1,850,000. Due to a history of melanoma, defendant radiologist conducted chest CT scans to survey for metastasis. Defendant reported that scan was free of malignancy, noting only evidence of asbestos damage. Plaintiff was later diagnosed with Stage III-A lung cancer. Plaintiff brought action, claiming defendant had failed to notice a changing nodule in the lung that indicated high chance of malignancy. Jury found for plaintiff, rendering a verdict of $1,750,000 plus prejudgment interest.
• May 21, 2010 Verdict for $1,930,000. Plaintiff, due to a work injury, began to experience back pain and tingling in her leg. Defendant surgeon conducted a disc herniation surgery. However, post-surgery, plaintiff continued to experience pain and tingling, had to use a wheelchair occasionally, and was unable to work. Plaintiff sued, alleging defendant had used both an incorrect and outdated surgery. Jury found for plaintiff, rendering a verdict of $1,930,000.
• March 31, 2010 Verdict for $2,500,000. Plaintiff, with a family history of diverticulitis, presented to defendant physician with diverticulitis symptoms but was given a laxative and sent home. Plaintiff was later sent to the hospital, was given treatment for diverticulitis, and then discharged. Plaintiff began seeing defendant physician about the condition, who continued the treatment prescribed by the ER doctor. Defendant ordered a CT scan, which revealed diverticulitis and an abscess. Plaintiff was admitted to the hospital and began to improve after her abscess was drained. However, after her conditioned worsened post-discharge, she was hospitalized, and a surgeon removed MRSA-infected bowel. Plaintiff then suffered a stroke that caused a host of cognitive, speech, and mobility issues. Plaintiff also suffered multiple bowel issues due to the diverticulitis. Plaintiff brought action, alleging the defendant had failed to timely diagnose and treat the diverticulitis, which in turn had caused the stroke. Jury found for the plaintiff, rendering a verdict of $2,500,000 that was lowered to $1,650,000 due to the statutory cap.
• February, 2010 Verdict for $2,933,500. After eating steak, plaintiff was admitted to hospital with complaints of chest pain and difficulty breathing. It was not until the next day that he was diagnosed with an esophageal tear. Plaintiff went into cardiac arrest when surgery began to fix the tear. Due to irreparable brain damage, he was removed from life support and passed. Plaintiff's estate filed suit, arguing that defendant radiologist was negligent in failing to diagnose the tear sooner, which lead to delay in treatment and ultimately, death. Jury found for plaintiff, rendering a verdict of $2,933,500 that was lowered to the $1,650,000 statutory cap.

• 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.

• 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.

• 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.