Irvin V. Cantor

Partner

Leading Richmond, VA Personal Injury Lawyer

Since 1979, Attorney Irv Cantor has been dedicated to the families of those who have suffered serious injuries or wrongful death. His work has resulted in more than 1,750 favorable verdicts and settlements for his clients - including more than 450 traumatic brain injury cases. He has recovered more than 50 verdicts and settlements larger than $1 million for injured men and women in Richmond and throughout Virginia and the U.S., securing their futures and their peace of mind for the rest of their lives.

As a Richmond personal injury attorney, Irv’s primary goal is the well-being of his clients. His approach, his leadership over the firm of Cantor, Stoneburner, Ford, Grana & Buckner, and his personal practice are all shaped by Irv’s relentless compassion for those who have been injured or bereaved due to negligence. There is nothing more important than making sure innocent injury victims receive the financial compensation to rebuild their lives – while holding those at fault responsible.

Irv has been recognized by his peers as one of the Top 10 Virginia Super Lawyers every year from 2012-2016. He was voted Plaintiff Personal Injury Lawyer of the Year in Richmond by Best Lawyers in America in 2014 and 2016.

The vast majority of Irv’s cases are referrals from other trial lawyers. Many professionals in the field have asked Irv to represent them in their own injury cases, including attorneys, judges, claims adjusters, and physicians. He is a frequent lecturer throughout Virginia and the U.S. to other trial lawyers on numerous subjects, including traumatic brain injuries, truck accident cases, and elements of trial. He is the co-author with Judge Samuel Johnston of the book, The Art and Science of Mastering The Jury Trial.

Irv is the founder and President of Jury Impressions, a jury consulting company which, among other services, arrange mock trials and focus groups for trial lawyers throughout the country. Irv also serves as a mediator and arbitrator in a wide variety of cases dealing with catastrophic injuries and death.

Representing Victims of Traumatic Brain Injury

Traumatic brain injury cases comprise the largest portion of Irv’s practice. He has successfully handled brain injury cases for over 35 years. He wrote the chapter dealing with legal aspects of brain injury cases for the seminal medical textbook on the subject, Brain Injury Medicine. Irv was featured on the cover of the 2015 Virginia and West Virginia Super Lawyers magazine, with the cover story featuring Irv’s career in handling brain injury cases.

Contact Irv: icantor@virginiatrialfirm.com

Education

  • J.D., University of Virginia (1978)
  • B.A., University of Virginia (1975)

Bar Admission

  • Virginia, 1978

Court Admissions

  • U.S. District Courts (Several)
  • U.S. 4th Circuit Court of Appeals

Previous Experience

  • CantorArkema, P.C., Founding Partner (1979-2009)
  • Supreme Court of Virginia, Law Clerk (1978)

National Recognition & Awards

Irv was chosen by his peers as the Richmond Lawyer of the Year by Best Lawyers in America® for both personal injury litigation and medical malpractice in 2016 and 2014. He has also been selected to Super Lawyers® Top 10 Virginia Lawyers for 5 years running—in 2016, 2015, 2014, 2013, and 2012. His consistent professionalism and integrity has resulted in him receiving the highest possible grade from Martindale-Hubbell, the legal rating service.

In addition to his awards, Irv is often asked to speak to fellow lawyers about his various areas of expertise. These have included traumatic brain injuries, automobile accidents, liability insurance, and trying a case effectively. Irv’s reputation in the legal community has also made him a leader in various organizations and associations.

He has served terms as the president for:

  • The Virginia Trial Lawyers Association
  • The Brain Injury Association of Virginia
  • The Virginia Chapter of the American Board of Trial Advocates

Honors

  • Best Lawyers in America "Richmond Personal Injury Litigation - Plaintiffs Lawyer of the Year" (2016, 2014)
  • Best Lawyers in America for Personal Injury and Medical Malpractice (2007-present)
  • AV® Preeminent™ Peer Review Rated, Martindale-Hubbell’s highest rating for legal ability and ethical standards
  • American Lawyer Media and Martindale-Hubbell “Top Rated Lawyer” (2012)
  • "Virginia Super Lawyers," selected by Law & Politics, since 2006. Named "Top 10 Virginia Super Lawyers" (2012-2016), "Top 50 Richmond Area Super Lawyers" (2016, 2014, 2013), "Top 25 Richmond Area Super Lawyers" (2012), "Top 33 Richmond Area Super Lawyers" (2011), and "Top 50 Virginia Super Lawyers" (2011, 2009, 2006)
  • "Legal Elite," in the category of Civil Litigation, named by Virginia Business magazine
  • Recipient, 2010 Weinstock Award from the Brain Injury Association of Virginia
  • Honored as a “Leader in the Law” by Virginia Lawyers Weekly, for significant contributions to the legal profession and community at large (2010)

Professional Associations

  • Virginia Trial Lawyers Association, President (2002-2003)
  • Virginia Chapter of the American Board of Trial Advocates, President (2006)
  • Brain Injury Association of Virginia, President (2004-2006)
  • Brain Injury Association of America, Chairman of National Legal Seminar (2008-2009)
  • American Association of Justice
  • Litigation Counsel of America
  • Community Involvement
  • Volunteer, Brain Injury Association of America
  • Volunteer, Brain Injury Association of Virginia
  • Volunteer, numerous civic associations

Publications

The Brain Behind Brain Injuries
Super Lawyers Virginia and West Virginia Magazine 2015

The Art and Science of Mastering the Jury Trial
Co-authored with Judge Samuel Johnston, VTLA Publishing

Cantor Wins 2010 BIAV Weinstock Award
BIAV Newsletter, Summer 2010

VTLA Journal, Volume 19, Number 3 2007
The joy and satisfaction of a trial lawyer representing persons who have suffered traumatic brain injuries

Brain Injury Medicine, Demos Medical Publishing
Chapter 62, “Medicolegal Aspects of TBI”, 2006

Brain Injury Association of Virginia, winter newsletter

MedicoLegal Aspects of Severe Traumatic Brain Injury
VTLA Journal, Winter 2003-2004

How To Use A SPECT Scan In The Trial Of A Traumatic Brain Injury Case
VTLA Journal, Summer 1998

Use of Demonstrative Evidence In The Trial Of A Mild Traumatic Brain Injury Case
VTLA Journal, Spring 1995

Handling an Automobile Negligence Case in Virginia
Chapters 3, 4, 5 and 10, West Publishing, 2000

Insurance Coverage for Automobile Injury Cases
VTLA Journal, Volume II, No. 4, Fall 1990

Civil Conspiracy and the Hospital Staff Controversy, Legal Aspects of Medical Practice, 1979

  • Medical Malpractice Verdict

    $9 Million

    In this medical malpractice case, a 10 year-old boy suffering from an intellectual disability and cerebral palsy due to a hypoxic ischemic brain injury at birth, as a result of a delayed decision to perform a C-section, was awarded $9,077,500. $5,500,000 in compensatory damages plus $3,577,500 in interest was awarded by a jury after 4 days of testimony.

    (Stephanie Grana, Elliott Buckner, Irv Cantor)

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  • Medical Malpractice

    $5.95 Million

    The plaintiff, a 22 year old police officer, suffered multiple injuries, including a skull fracture and subdural hematoma, in a jet ski accident. He was taken to a rural community hospital by ambulance. In preparing the plaintiff for transport from the community hospital to a major trauma center, he was negligently intubated and suffered a profound anoxic brain injury. He remained in a coma for several days, followed by emergence into a vegetative state.

    At the time of the settlement, the plaintiff remained in a permanent vegetative state and was suffering from serious recurrent infections. It was the opinion of the various experts that the plaintiff’s life expectancy was substantially limited. Subsequent to the settlement, but prior to the scheduled trial date, the plaintiff died.

    Plaintiff’s lawsuit was brought in a rural county of North Carolina. Prior to settling the case, plaintiff’s counsel conducted an extensive focus group/mock trial, which was quite helpful in determining the range within which to settle the case.

    (Irv Cantor)

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  • Auto Accident

    $5.6 million

    The plaintiff, a 29 year-old, suffered a mild brain injury, cervical fracture, fractured clavicle and broken nose as a result of a rear end collision by a bus on Interstate 64 in York County, Virginia. The plaintiff was a sergeant in the US Army. Family members and friends testified that the crash transformed the plaintiff from a happy, fit soldier to a woman depressed over the likelihood of the loss of a career and active lifestyle.

    Plaintiff’s counsel conducted a focus group/mock trial that indicated that it was likely that a jury would award the plaintiff a multi-million dollar sum. The highest settlement offer from the defendant’s insurance carrier was $250,000. At trial, the jury rendered a verdict for $5.6 million. The verdict was upheld on appeal to the Virginia Supreme Court.

    (Irv Cantor, Lewis Stoneburner)

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  • Auto Accident

    $5 million

    The husband-driver of the motorcycle, age 48, suffered severe left leg injuries resulting in an above the knee amputation. He was in excellent health and extremely active prior to the crash. He suffers from intermittent phantom pain and depression. The wife-passenger, age 47, suffered a fractured clavicle, fractured great toe, tendon injury to her knee and a large laceration of her lower leg. She suffers from significant lost mobility, pain and anxiety. The plaintiffs are a very attractive couple, who had been married for just over one year at the time of the crash. The severe injuries the couple suffered in the crash were obviously life-altering in nature. Plaintiff’s counsel conducted a mock trial and performed a survey of demographic and jury verdict research prior to settling the case. The case settled subsequent to a mediation.

    Type of Action: Motorcycle collision

    Style of Case: Confidential

    Court: Spotsylvania County Circuit

    Award or Settlement: Settlement

    Amount: $5,000,000

    Amount of Specials: Husband; driver - $116,265.14 in past medical bills, $737,472.16 future medical bills, and $381.665.50 in past and future wage loss. Wife,; passenger - $64,815.87 in past medical bills and $25,116.25 in future medical bills, and $10,316.80 in past wage loss.

    Attorneys for plaintiff: Stephanie E. Grana, Irvin V. Cantor, and Elliott M. Buckner, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, Va.

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  • Truck Accident

    $4.5 Million

    Truck accident case, involving a mild brain injury suffered by a Virginia State Trooper during a routine traffic stop.

    (Irv Cantor)

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  • Truck Accident

    $4 Million

    Plaintiff was a 44-year-old husband and father of four who was a plant manager in Richmond at the time of the accident. He was severely injured on an Interstate highway when a tractor-trailer with a 34-foot dump body hit an overpass, causing the dump body to be ripped from the tractor-trailer and hurled through the air into the plaintiff’s vehicle.

    The riding height of the dump body was 10 feet. The overpass was 16 feet. Based on the damage to the dump body and the bridge, the dump body hit the overpass so hard that it bent steel I-beams four inches inward on the overpass.

    The defendant driver claimed that the dump body rose on its own just before he went under the bridge, but the truck inspection revealed that it took 35 seconds to raise the dump body to the height necessary to hit the bridge, during which time the truck driver should have been aware of the problem. In addition, the dump body could only be raised by a hydraulic system controlled by the Power Take-Off (PTO) assembly in the truck. If the PTO engaged while the truck was in motion, it would damage the internal mechanism of the PTO. Inspection of the PTO revealed no such damage.

    It was dark at the time of the accident, and the plaintiff could not see the dump body until after it had hit the bridge and was hurtling through the air. At the last second attempted to turn left to avoid collision, but was unable to do so.

    The high-impact crash resulted in severe injuries which included multiple comminuted fractures of his right patella. The trauma also caused cartilage damage in his right knee and right hip and aggravation of pre-existing arthritis in his right knee and right hip. The femur fractures were surgically repaired with an intramedullary nail implanted in his right femur and fixed in place with surgical screws.

    After four days of hospitalization, the plaintiff was non-weight bearing and essentially immobile for two months. He then began extensive physical therapy. As he began to walk again, he had extensive pain in his right femur, right knee and right hip. He walked with a significant limp with the use of a cane. In addition, he had to put most of his weight on his left leg, which began to cause pain in his left knee, left hip and low back. It took one year for his femur fractures to reach maximum medical improvement. A functional capacity exam revealed a 41 percent permanent impairment of his right leg, and a 15 percent permanent impairment of his left leg.

    The plaintiff had pre-existing arthritis in both knees and his right hip. However, prior to the accident, he had no chronic pain and had been able to play basketball and softball, hunt and fish, work on his knees at work, and lift material and machinery at work, all without difficulty.

    Prior to the accident, the plaintiff had worked 25 years in the store fixture business. He was earning $90,000 a year at the time of his accident. As a result of his injuries, he lost his job as general manager and was unable to find new employment. His former company eventually gave him an “accommodated” job making $45,000 a year. His permanent impairment limited any further advancement in the company.

    After he returned to work, the strain on his injuries caused a substantial increase in pain. He began taking heavy doses of narcotics to deal with the pain. Steroid injections and pain management measures were ineffective, and approximately two years after his initial surgery, he underwent right knee replacement. This caused him to miss another three months of work.

    Plaintiff’s doctors opined that he will need right knee replacement and pain management for his lower back. Because of his age, these orthotic replacements would wear out in approximately 10-15 years, and he would need additional knee and hip replacements. Overall, the plaintiff will require a total of nine surgeries, two of which have already been done.

    The defense contested liability and damages. Medication was initially unsuccessful, but the case subsequently resolved approximately three months prior to trial.

    Type of Action: Personal injury - trucking accident

    Injuries alleged: Two comminuted fractures of the right femur; a comminuted fracture of the right patella; cartilage damage to the right knee and right hip; aggravation of pre-existing arthritis in right knee and right hip; 41 percent impairment of right leg; impaired gait and posture resulting in additional adverse effects to left knee, left hip and low back

    Court: Louisa County Circuit Court

    Mediator: Robert L. Harris

    Special damages: $121,266 in current medical bills; $615,667 in future medical bills; $391,250 in lost wages; $900,000 in future lost wages and loss of earning capacity; total special damages of $2,028,183

    Verdict or Settlement: Settlement

    Amount: $4,000,000

    Attorneys for plaintiff: Irvin V. Cantor, Richmond

    Plaintiff’s experts: Two treating orthopedists; one expert orthopedist; two vocational rehabilitation experts; one life care planner; one accident reconstructionist; and one trucking expert

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  • Medical Malpractice

    $4 Million

    The plaintiff, a 34 year old, young mother, was scheduled for a repeat C-section, but went into labor 9 days early on August 1, 2010. Labor progressed quickly. She delivered a healthy baby girl vaginally, with no complications.

    After delivery, plaintiff complained of sharp, abdominal pain and 10/10 pain unrelieved by morphine. Moderate bleeding was then noted. The obstetrician came bedside and decided to perform a manual exploration and curette procedure. After this procedure, he ruled out uterine scar rupture, which is a risk for any patient who delivers vaginally following a previous C-section delivery (“VBAC”), and continued to treat plaintiff for uterine atony or a loss in tone of the uterus. No blood products were ordered or transfused and the plaintiff was not taken to the operating room for exploratory surgery. For the next 1 ½ hours, plaintiff was consistently hypotensive (low blood pressure) and tachycardia (fast pulse) and the two nurses who remained bedside noted “moderate” bleeding. The obstetrician acknowledged that he was kept apprised and a blood draw revealed lower hemoglobin and hematocrit values than prior to delivery, but not abnormal for a postpartum patient. When the obstetrician came bedside, the plaintiff was becoming restless and short of breath. She coded within minutes thereafter.

    After resuscitation, the plaintiff received her first blood transfusion and a second obstetrician took over her care. For the next 4 ½ -5 hours, the plaintiff was monitored closely and received 7 units of packed red blood cells and 7 units of fresh frozen plasma. Her blood draws revealed low hemoglobin and hematocrit values and her bleeding was noted “off and on” during this entire time frame. This bleeding was contested by defendant and their experts. When the plaintiff was finally taken to the operating room for a hysterectomy, a procedure that plaintiff’s experts testified should have been performed hours earlier; she coded again and had to be resuscitated. The surgery continued and by the time of completion, the plaintiff had received a total of 14 units of packed red blood cells and 14 units of fresh frozen plasma, along with other products. Following the performance of the hysterectomy, the plaintiff had no further bleeding. Plaintiff suffered 2 additional codes while in the hospital.

    The hysterectomy operative report noted a uterine scar “defect” from the prior C-section scar. Defendant and their experts argued for the first time at trial that plaintiff’s injury was a prior uterine scar “dehiscence” and not a complete rupture and that conservative measures were appropriately administered prior to the hysterectomy or treatment of “last resort.” Plaintiff’s experts argued that the defect was referred to as a prior uterine scar “rupture” or “dehiscence” interchangeably in the medical records and was the source of plaintiff’s bleeding and subsequent hemorrhagic shock.

    Plaintiff remained on a ventilator for 9 days, suffering from renal failure and adrenal insufficiency. Plaintiff slowly improved, but she has no memory of giving birth to her daughter or the events thereafter. Upon discharge, the plaintiff had to be transferred to a rehab facility to re-learn how to walk, talk, walk up stairs, write and regain her strength to hold her children. She remained on dialysis for another month. 3 months later, the plaintiff was able to return to her job as high school biology and anatomy teacher.

    Approximately 9 months later, the plaintiff learned that her kidney injury was permanent. She was evaluated and placed on the national list for a kidney transplant. A little over 1 year after the delivery and the events giving rise to the lawsuit, the plaintiff underwent a kidney transplant from a cadaver donor. Plaintiff recovered and returned to her job 3 months later.

    Due to her age, plaintiff’s experts testified that she will require at least 2 additional kidney transplants. For life, she needs routine medical follow-up, is a risk for various complications related to the transplant and remains on daily immunosuppressant medications – taking 22 pills per day. Plaintiff is a wonderful lady and a “fighter” and made an excellent witness before the jury.

    This was a no offer case. After 5 days of trial, the jury awarded the plaintiff 4 million dollars. The judgment, as reduced to the statutory cap by the Court, has been satisfied.

    Plaintiff thanks Amicus Visual Solutions for their assistance at trial.

    Type of action: Medical Malpractice case involving a uterine scar rupture and permanent kidney loss to a young mother of two daughters

    Style of case: Sally S. Arbogast v. Summit Health Care, Inc.

    Court: County of Chesterfield Circuit Court

    Judge: Honorable Steven C. McCallum

    Verdict or settlement: Jury verdict

    Amount: $4,000,000.00 (reduced to the cap of $2,000,000.00 pursuant to Virginia Code § 8.01-581.15)

    Amount of specials: $731,787,14 - past medicals and lost wages, $1,671,851.90 – life care plan

    Attorneys for plaintiff: Irvin V. Cantor, Stephanie E. Grana,and Elliott M. Buckner, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, VA

    Plaintiff’s experts: Obstetricians, Critical Care Surgeon, Transplant Surgeon, Nephrologist, Life Care Planner

    Defendant’s experts: Obstetricians, Hematologist/Oncologist

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  • Truck Accident

    $3.5 Million

    Case involving a collision between a truck and school bus, in which the school bus driver suffered severe leg injuries and a metabolic brain injury.

    (Irv Cantor)

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  • Medical Malpractice

    $3.4 Million

    Motor vehicle collision/medical malpractice case, involving a 74 year old man who suffered a spinal injury in the collision, which was misdiagnosed and mismanaged by the healthcare givers.

    (Irv Cantor)

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  • Auto Accident

    $2.98 Million

    Automobile accident, in which a woman sustained a mild brain injury and orthopedic injuries.

    (Irv Cantor, Elliott Buckner)

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  • Wrongful Death

    $2.975 Million

    Wrongful death case.

    (Irv Cantor, Stephanie Grana, Elliott Buckner)

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  • Wrongful Death

    $2.85 Million

    Wrongful death case.

    (Irv Cantor, Stephanie Grana, Elliott Buckner)

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  • Brain Injury

    $2.8 Million

    n 2006, the plaintiff, a 13-year-old teenage boy, was injured when the automobile in which he was a passenger was struck by an SUV that failed to stop at a stop sign.

    The plaintiff was taken by ambulance to the hospital, where it was discovered that he had suffered a head injury with an epidural hematoma, requiring a craniotomy to evacuate the blood. The surgery was successful and the plaintiff was released from the hospital after a 3-day admission.

    The plaintiff was able to return to school, ultimately completing his middle school and high school without disruption. However, the plaintiff struggled throughout his schooling with headaches, sleep difficulties, tinnitus, and difficulties with concentration, attention and memory. He also had occasional lapse spells, where he experienced short periods of time where he lost awareness of his surroundings. Notwithstanding these difficulties, the plaintiff was able to complete high school with a grade point average of over 3.0.

    After high school, the plaintiff matriculated to VCU, where he completed his first two years. His grades at VCU have been markedly lower than his high school grades. Plaintiff’s experts explained that when the plaintiff left the structured environment of high school for the more challenging environment of college, the plaintiff was unable to adapt satisfactorily due to his multiple cognitive deficits.

    Plaintiff’s physicians ordered numerous EEG studies because of their suspicion that he was suffering from a complex partial seizure disorder. The EEG studies were largely unremarkable, except for subtle abnormalities noted on a digital dense - array EEG and a subsequent sleep deprived EEG. The plaintiff also underwent a PET Scan and Diffusion Tensor Imaging (“DTI”) study that showed some evidence of persistent brain dysfunction.

    The defendant’s experts contested the extent of the plaintiff’s brain injury, emphasizing plaintiff’s successful academic record as evidence of his functional abilities. The defendant’s neuroradiologist disputed the findings of the plaintiff’s neuroradiologist regarding the PET and DTI studies, stating that there was no detectable asymmetry in either the white matter tracts of the DTI or the metabolic activity of the PET Scan. The defense experts also disputed that the plaintiff would need any of the items included in the Life Care Plan.

    The parties settled the case at a mediation conducted prior to trial. The plaintiff’s settlement proceeds were paid in cash and a structured settlement, with an estimated lifetime payout of almost $4,500,000.

    Type of case: Traumatic Brain Injury by Auto Accident

    Name of case: Confidential

    Court: York County Circuit Court

    Verdict or settlement: Settlement

    Amount of settlement: $2,800,000

    Date of settlement: June 21, 2013

    Special damages: Medical expenses: $145,305; Life care plan total: $901,431

    Attorneys for plaintiff: Irvin V. Cantor, Stephanie E. Grana,and Elliott M. Buckner, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, VA, and Michael Maguire, Yorktown, VA

    Plaintiff’s experts: Neurosurgeon, Neurologist, Neuropsychiatrist, Neuropsychologist, Neuroradiologist, Life Care Planner

    Defendant’s experts: Neurologist, Neuropsychologist, Neuroradiologist

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  • Medical Malpractice

    $2.7 Million

    Plaintiff was arrested for public intoxication and taken to a regional jail, to be released upon his own recognizance once sober. Several hours after being booked and while still in custody, plaintiff began experiencing seizures consistent with alcohol withdrawal. Over the course of approximately two hours, guards and nurses with the jail witnessed plaintiff undergo multiple seizures of sustained duration that resulted in, among other things, incoherency, bleeding from the mouth, and loss of bowel function. Despite plaintiff’s deteriorating medical condition 911 was not called until after a magistrate agreed to sign a release order. Upon arrival at the hospital, plaintiff suffered a heart attack as a result of severe metabolic acidosis caused by his seizures and alcohol withdrawal, which in turn resulted in oxygen deprivation and, ultimately, permanent hypoxic encephalopathy.

    (Mark Dix, Elliott Buckner, Irv Cantor, Scott Bucci, Stephanie Grana)

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  • Wrongful Death

    $2.4 Million

    The decedent was a registered nurse, wife and mother of two who fell on the steps at a commercial facility. The plaintiff alleged that the steps were not built according to the building code, such that the defendants were negligent per se. Plaintiff further alleged the defendants were negligent per se. Plaintiff further alleged the defendants were negligent pursuant to common law because they had prior notice of defects in the steps, which had not been properly repaired. The cause of the fall was complicated by the decedent’s death, since she could not testify. The plaintiff planned to prove proximate cause through two eyewitnesses who saw the fall. Statements of the decedent to those witnesses at the time of her fall, as well as in her own handwriting in medical records, was admissible under the Dead Man’s Statue as an exception to the hearsay rule.

    The primary issue in the case involved whether the decedent died as a result of the fall. At the time of the fall, she suffered a trimalleolar fracture of her ankle, which was surgically repaired and casted. She was then non-weight bearing and essentially immobile for two months during the healing process.

    After the decedent had her cast removed, she underwent out-patient surgery to have the screws removed and began physical therapy. Eight days after the second surgery, and approximately nine weeks after her fall, the decedent became suddenly critically ill and died. No autopsy was performed.

    The plaintiff claimed the decedent died from the pulmonary embolus, caused by a deep vein thrombosis which had formed in her leg as a result of her injury and post-surgery immobility.

    The defendants claimed that the decedent died as a result of cardiac arrest unrelated to her fall. They contended that the decedent had risk factors for cardiac disease, primarily because she was a diabetic and obese.

    Causation was strongly contested. Decedent’s treating physicians including the ER doctor, her two family physicians, an internist who treated her during the hospitalization at the time of her first surgery and the orthopedist who performed her two surgeries, testified that the decedent died as a result of a pulmonary embolus caused by her initial injuries from her fall. In addition, the plaintiff had two independent cardiologists and one independent orthopedist review all of the records and depositions in the case. The three experts agreed that the decedent had died as a result of a pulmonary embolus caused by her injuries, resulting treatment and immobility after the fall.

    The defendants retained a cardiologist an orthopedist and a pulmonologist, who opined that the decedent had died from an unrelated heart attack.

    Depositions were taken from all of the decedent’s health care providers and experts, and from the factual witnesses and family members who witnesses the decedent’s fall and who were aware of her condition leading up to and at the time of her death. Rescue squad personnel also provided important factual information critical to the diagnosis of pulmonary embolus being the cause of death.

    The case was ultimately resolved at the mediation approximately two months prior to trial.

    Type of Action: Slip & fall

    Injuries alleged: Wrongful death

    Special damages: $73,668 in medical bills; $10,491 in funeral bills; $788,081 in contested loss of earnings and loss of services to the family

    Verdict or Settlement: Settlement

    Amount: $2,400,000

    Attorneys for plaintiff: Irvin V. Cantor, Stephanie E. Grana and Elliott M. Buckner, Richmond, Va.

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  • Auto Accident

    $2.35 Million

    Automobile collision case, in which a young woman suffered a mild brain injury.

    (Irv Cantor, Elliott Buckner)

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  • Wrongful Death

    $2.3 Million

    The Decedent was driving an automobile that was in the process of making a left turn into a driveway when the defendant, driving a tractor-trailer, struck the automobile as the tractor-trailer was attempting to pass the automobile. The tractor-trailer initiated its pass around the automobile in a passing zone, but the actual impact between the vehicles was in a no-passing zone.

    Liability was hotly contested between the parties. The defense contended that the Decedent was contributorily negligent, claiming that he failed to give a visible turn signal as required by Virginia Code Sections 46.2-848 and 849 based primarily upon the testimony of an eyewitness on the side of the road that the Decedent activated his turn signal only a short distance (less than the required 100 feet) from where he initiated his turn.

    The Decedent died at the scene of the crash. The statutory beneficiaries of the Decedent were his wife and two adult sons. The Decedent was an appliance repair technician.

    Type of case: Wrongful death

    Name of case: Confidential

    Verdict or settlement: Settlement

    Amount of settlement: $2,300,000

    Attorneys for plaintiff: Irvin V. Cantor, Elliott M. Buckner, Stephanie E. Grana, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, Va.

    Plaintiff’s experts: Economist, Accident Reconstructionist

    Defendant’s experts: Economist, Accident Reconstructionist

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  • Wrongful Death

    $2.2 Million

    Wrongful death of 70 year old in tractor- trailer collision.

    (Irv Cantor, Stephanie Grana, Elliott Buckner)

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  • Auto Accident

    $2 Million

    Automobile accident case involving a brain injury suffered by our client.

    (Irv Cantor, Aubrey Ford, Stephanie Grana, Elliott Buckner)

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  • Medical Malpractice

    $2 Million

    Plaintiff, a fifteen year old male, with mild persistent asthma, was negligently diagnosed with cystic fibrosis (“CF”) and pancreatic insufficiency (“PI”) at the age of five and treated for the diseases until shortly before his thirteenth birthday. His diagnoses were never properly confirmed by available testing. After seven and a half years of treatment, Defendant’s physician employee conducted proper testing and reversed the diagnoses.

    Cystic fibrosis is an incurable disease which results in progressive pulmonary and pancreatic dysfunction, sterility and an early death. The average life expectancy for CF was approximately 30 years old at the time of the plaintiff’s diagnosis. The plaintiff learned from a young age that he would undergo daily treatment, eventual bilateral lung transplants, sterility and a premature death. Plaintiff put on evidence that the child underwent over 3,000 hours of unnecessary chest physiotherapy, which was administered everyday. He ingested almost 40,000 doses of pancreatic enzymes, underwent 26 unnecessary chest x-rays, consumed 23 different types of medications, in addition to enduring other medically invasive treatments including a bronchoscopy, deep throat cultures, blood draws and intravenous administration of unnecessary antibiotics. In addition, the plaintiff called a child psychologist who testified as to the psychological impact of the diagnosis, and its reversal, on the child.

    Two of the Defendant’s physician employees testified as adverse witnesses for the Plaintiff. The doctor who reversed the diagnosis testified as the Plaintiff’s first witness. He conceded that the child had never been properly tested, had mild symptoms consistent with asthma, and that the testing he performed definitively ruled out CF and PI. The Plaintiff also called adversely the current Director of the MCV CF Center, who agreed with the reversal of the diagnosis.

    The case was defended on both the standard of care and causation. The Defendant relied on the fact that the plaintiff had some initial test results which raised the suspicion of CF and mild symptoms that could have been consistent with asthma or CF. Under these circumstances, the Defendant contended treatment was reasonable. In terms of causation, the Defendant argued the plaintiff suffered no known side effects from unnecessary medications and therapies and should be relieved by the fact that he did not have the diseases.

    Type of Action: Medical Malpractice

    Injuries alleged: Misdiagnosis resulting in negligent treatment and emotional harm

    Name of Case Physicians: Johnson v. MCV Associated

    Verdict or Settlement: Jury Verdict

    Date: March 22, 2012

    Judge: Hon. Melvin R. Hughes. Jr.

    Amount: $2,000,000

    Last offer $210,000

    Attorneys for Defendant: Kimberly Satterwhite, Tanner Smith

    Attorneys for plaintiff: Lewis T. Stoneburner, Bellamy Stoneburner, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, Va.

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  • Brain Injury

    $2 Million Settlement

    Automobile accident case involving a brain injury suffered by our client.

    (Irv Cantor, Aubrey Ford, Stephanie Grana, Elliott Buckner)

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  • Medical Malpractice

    $2 Million

    Several hours after undergoing a laparoscopic cholecystectomy, the patient, a 33 year old man, who suffered from sleep apnea, was found apneic, with his CPAP not affixed to his face. The patient was unable to be resuscitated and ultimately died. The plaintiff’s allegations included, among other things, failure to provide proper post surgical care to a sleep apnea patient, failure to adequately monitor the patient, and failure to timely and adequately resuscitate the patient.

    The case settled for $2,000,000 (under a $2,000,000 medical malpractice cap).

    (Irv Cantor, Stephanie Grana)
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  • Truck Accident

    $2 Million

    West Virginia truck accident case, involving a teenager who suffered a mild brain injury.

    (Irv Cantor)

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  • Wrongful Death

    $1.95 Million

    Verdict in wrongful death case.

    (Irv Cantor, Elliott Buckner, Stephanie Grana)

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  • Brain Injury

    $1.95 Million

    Plaintiff, a 53 year old man, had previously suffered an odontoid fracture in 2001 which required a spinal fusion from C1 to C5. He had done well and was employed as a supervisor for 30 years. When he developed some difficulty walking with secondary bilateral leg weakness, he was admitted into the hospital by his neurosurgeon for a re-do occiput to C5 instrumentation and fusion. The anesthesia pre-procedure consult noted specific concerns for anesthesia including severely limited neck motion due to cervical traction in neutral position and a limited mouth opening. A subsequent pre-procedure consult note indicated a more normal assessment. Given the plaintiff’s presentation to the hospital, his symptoms, the requirement of cervical traction to ameliorate those symptoms and his past surgical history, plaintiff’s experts were of the opinion that the first evaluation was more accurate and the plaintiff needed a fiberoptic intubation. Prior to the commencement of the surgery, the anesthesia providers provided some sedation while the monitor and oxygen were applied. A transtracheal block was performed. Two minutes later, the plaintiff was induced with Lidocaine and Propofol. The combination of these drugs can cause a patient to become apneic which can normally be cared for. The records noted that the plaintiff’s mask ventilation was difficult and that he had a period of apnea following ventilation within minutes. Two oral attempts were then made with a fiberoptic bronchoscope, but were unsuccessful. It was noted that the plaintiff remained spontaneously breathing, but required pressure support via mask between attempts.

    Despite these noted difficulties, it was next decided to administer Rocuronium to assist with the ventilation/intubation. Rocuronium is an intermediate-acting muscle relaxant, which is not reversible for at least 20 to 30 minutes. Essentially, the plaintiff was paralyzed at this point and could no longer breathe for himself. The anesthesia providers no longer had the option of being able to immediately awaken their patient. A third attempt at fiberoptic intubation was unsuccessful. The plaintiff then became difficult and then, impossible to mask ventilate with two providers and an oral airway. The next maneuver attempted was a direct laryngoscopy, but failed. An attempt at supraglottic airway was made, but failed as well. The plaintiff was now bradycardic while still maintaining a blood pressure. An angiocatheter was placed through the neck into his trachea and oxygen was insufflated through the catheter. This helped for a short period of time, but became clotted and no further oxygenation was possible. At this time, the anesthesia providers decided to place a tracheostomy. An incision was made in the plaintiff’s neck and dissected down to the trachea. Unfortunately, multiple attempts made to place the tracheostomy were unsuccessful. An ENT physician then entered the operating room to further assist. The plaintiff became more bradycardic and eventually, no palpable pulses were felt. CPR commenced and he received approximately 4 minutes of chest compressions. The plaintiff was finally intubated via direct laryngoscopy while the ENT was working on the tracheotomy. Immediately after the patient was successfully intubated, his oxygen saturations returned to more normal levels. Shortly thereafter, the providers were able to re-establish a cardiac rhythm and blood pressure. The neurosurgeon deemed that his patient was grossly unstable from a pulmonary and cardiovascular standpoint the planned neurosurgical procedure was aborted.

    Despite various medical interventions that followed, the plaintiff remained neurologically devastated and did not have any spontaneous movement or response to painful stimuli. An EEG was performed and noted a pattern typically seen following anoxic injury after cardiac arrest, suggestive of a poor prognosis. Plaintiff’s brain imaging was indicative of a global hypoxic-ischemic injury. He was taken for a tracheostomy and PEG tube placement. Plaintiff’s experts were of the opinion that the induction of anesthesia and intubation sequence did not meet the standard of care directly resulting in the plaintiff’s permanent injuries.

    After more than a month in the hospital, the plaintiff was discharged to a long-term care facility where he remains today. Although he has been weaned from the ventilator, the plaintiff remains unable to care for himself independently, unable to walk and unable to communicate verbally. He is currently being cared for by his parents and 5 siblings who all live locally. At the time of settlement, less than two years after the date of injury, the plaintiff’s incurred medical bills totaled almost one million dollars.

    Type of action: Medical malpractice case involving permanent anoxic brain injury requiring a lifetime of care.

    Injuries alleged: Permanent anoxic brain injury.

    Court: Settlement

    Verdict or settlement: Settlement (pre-suit)

    Amount: $1,950,000.00

    Amount of specials: $1,000,000.00

    Date of settlement: November 2015

    Attorneys for plaintiff: Stephanie E. Grana, Irvin V. Cantor, and Elliott M. Buckner, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, VA, Jeffrey A. Breit, Breit Drescher Imprevento, P.C., Virginia Beach,VA

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  • Medical Malpractice

    $1.95 Million

    Medical malpractice case.

    (Irv Cantor, Stephanie Grana, Elliott Buckner)

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  • Auto Accident

    $1.9 Million

    Automobile accident case, in which our client sustained a mild traumatic brain injury.

    (Irv Cantor, Elliott Buckner)

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  • Auto Accident

    $1.9 Million

    South Dakota automobile accident case, involving severe brain injuries suffered by two children.

    (Irv Cantor)

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  • Product Liability

    $1.875 Million

    Products liability case involving an unsafe consumer health product.

    (Irv Cantor)

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  • Motor Vehicle Accident

    $1.85 Million

    Motor vehicle accident case.

    (Irv Cantor)

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  • Wrongful Death

    $1.75 Million

    Verdict in wrongful death case involving a young man killed during a high speed pursuit.

    (Irv Cantor)

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  • Medical Malpractice

    $1.7 Million

    Plaintiff was an independent and healthy 27 year old who was injured in a car accident in December 2011 and underwent surgery for multiple orthopedic injuries. Plaintiff tolerated the surgery well. At the close of the surgery, Plaintiff exhibited airway difficulties following extubation by the CRNA. Plaintiff further alleged inappropriate medical management with regard to Plaintiff’s airway in the PACU by the attending anesthesiologist and Plaintiff’s experts were prepared to offer opinions with regard to negligent re-intubation and oxygenation. There were additional allegations of missing equipment. Due to inadequate oxygenation, Plaintiff suffered a severe and permanent anoxic brain injury and is unable to care for himself independently, cannot walk and cannot communicate verbally. Following 24 hour nursing home care for the first year following the injury, Plaintiff is now cared for by his mother in her home full-time, with the assistance of home health care.

    Type of case: Medical Malpractice

    Injuries alleged: Permanent anoxic brain injury requiring a lifetime of care.

    Court: Settlement – case settled 3 ½ months prior to trial.

    Name of case: Confidential

    Verdict or settlement: Settlement

    Amount of settlement: $1,700,000

    Amount of specials: $670,000

    Date of settlement: August 2014

    Attorneys for plaintiff: Stephanie E. Grana,Irvin V. Cantor, Elliott M. Buckner, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, Va.

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  • Motor Vehicle Accident

    $1.65 Million

    The plaintiff sustained a mild traumatic brain injury and injuries to her neck and shoulder in a motor vehicle accident. Plaintiff’s brain injury resulted in numerous deficits including problems with short-term memory, inattention, executive dysfunction and mood dysfunction including depression, apathy, and anxiety, all of which were further exacerbated due to chronic pain from the neck and shoulder injuries. Plaintiff was treated by a family physician who was prepared to testify that he knew plaintiff well before and after the subject accident and that plaintiff was a very different person after the accident. Plaintiff was also treated by a neuropsychiatrist, a neurologist, and a physiatrist.

    Type of action: Motor vehicle accident

    Injuries alleged: Mild traumatic brain injury; injuries to neck and shoulder

    Name of case: Confidential

    Verdict or settlement: Settlement

    Amount: $1,650,000

    Special damages: $80,000 in medical expenses; $160,000 in lost wages; disputed life care plan expenses

    Attorneys for plaintiff: Elliot M. Buckner, Irvin V. Cantor, and Stephanie E. Grana, Richmond, Va.

    This case result appeared in the 01.02.12 issue of Virginia Lawyers Weekly.

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  • Auto Accident

    $1.6 Million

    Automobile accident, involving mild brain injury suffered by our client.

    (Elliott Buckner, Irv Cantor, Stephanie Grana)

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  • Motor Vehicle Accident

    $1.51 Million

    The plaintiff, age 56, suffered an upper cervical fracture and mild brain injury in a motor vehicle collision. The plaintiff underwent cervical fusion surgery but continued to have pain after the operation.

    Plaintiff’s neurosurgeon referred the plaintiff to a psychiatrist, who prescribed a regimen of steroid injections and medications to manage her chronic pain.

    Several months after cervical surgery, the plaintiff continued to complain of memory loss and problems with concentration and attention. She was eventually diagnosed by a neurologist as having suffered a mild traumatic brain injury.

    The defense experts-a neurologist, psychiatrist and neuropsychologist-all took the position that the plaintiff had not suffered a brain injury in the collision and that her cognitive problems were all a result of a pre-existing narcotic dependence, developed as a result of unrelated gastrointestinal issues.

    (Irv Cantor, Stephanie Grana, Elliott Buckner)

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  • Brain Injury

    $1.5 Million

    Tractor-trailer accident, in which a retiree suffered a moderate/severe brain injury.

    (Irv Cantor)

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  • Motor Vehicle Accident

    $1.44 Million

    Motor vehicle collision injury case.

    (Irv Cantor, Stephanie Grana, Elliott Buckner).

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  • Wrongful Death

    $1.35 Million

    As of December 2012, the plaintiff, age 83, was a husband and primary caretaker to his wife of over 60 years and their mentally challenged adult son. He was a retired Air Force chaplain who had been awarded a Bronze Star for meritorious service in Vietnam and a retired community minister. Despite his age, plaintiff was a generally healthy and independent man who was responsible for shopping, preparing meals, housekeeping, laundry and transportation. Following a car accident that resulted in major front end damage to his vehicle, plaintiff was taken the emergency room. The x-ray report noted advanced degenerative changes with no fractures. Shortly thereafter, he was released home via a taxi. The next morning, plaintiff was unable to move his arms and legs. He was returned to the same emergency room and the CT revealed a transverse fracture through C6. Upon review, the fracture had been visible on the x-rays from the day before. Subsequent surgery was performed but plaintiff remained paralyzed. Plaintiff’s wife had to be moved to a nursing home on a permanent basis as her husband was unable to care for her. Plaintiff spent the next year enduring physical therapy and attempted recovery at various nursing homes, rehabilitation facilities and hospitals. Unfortunately, he was unable to fully recover from the injuries associated with the delayed diagnosis of his C6 fracture and resultant paralysis. He died just over one year after the initial emergency room admission and is survived by his wife and two adult children. Several sizeable liens existed as a result of plaintiff’s extensive medical care.

    Type of case: Wrongful Death/Medical Malpractice

    Injuries alleged: Delayed diagnosis of neck fracture resulting in improper hospital discharge and subsequent paralysis and death.

    Court: Settlement

    Verdict or settlement: Settlement

    Amount of settlement: $1,350,000

    Date of settlement: May 2015

    Attorneys for plaintiff: Stephanie E. Grana, Elliott M. Buckner, Irvin V. Cantor, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, Va.

    Experts: Case settled before experts were named. Plaintiff’s experts included the specialties of radiology, emergency room medicine, pulmonology, critical care medicine and orthopedic spine surgery.

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  • Motor Vehicle Accident

    $1.3 Million

    Motor vehicle collision, in which an elderly couple suffered serious orthopedic injuries.

    (Stephanie Grana, Elliott Buckner, Irv Cantor)

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  • Wrongful Death

    $1.3 Million

    Wrongful death of a 14 year old in a school bus accident in a rural Virginia county.

    (Irv Cantor, Elliott Buckner)

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  • Motor Vehicle Accident

    $1.295 Million

    Motor vehicle collision injury case.

    (Irv Cantor, Stephanie Grana, Elliott Buckner)

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  • Medical Malpractice

    $1.25 Million

    Medical malpractice case, in which a 32 year old man suffered severe bowel injuries after a diagnostic procedure.

    (Lewis Stoneburner, Irv Cantor, Stephanie Grana)

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  • Sexual Assault

    $1.2 Million Settlement

    The case involved sexual assault in a school setting. (Irv Cantor, Aubrey Ford)

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  • Premises Liability

    $1.2 Million Jury Verdict

    The Plaintiff, a 46-year old construction worker, was injured while eating dinner with a friend at the defendant’s restaurant. During dinner, 4-pound ornamental clay bell fell and hit the plaintiff on the head. The Plaintiff sustained a mild traumatic brain injury as a result.

    The Plaintiff incurred medical bills of $23,000 and presented evidence of a life care plan composed primarily of future medications totaling $170,000. Ultimately, the Plaintiff chose not to present a lost wage or diminished earning capacity claim.

    The highest settlement offer prior to trial was $100,000. After a 4-day trial, the jury rendered a verdict of $1.2 million.

    (Aubrey Ford, Irv Cantor)

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  • Brain Injury

    $1.2 Million

    Aubrey Ford and Irv Cantor win jury verdict of $1.2 million for plaintiff with mild traumatic brain injury.

    Premises liability action in Richmond Circuit Court. Randy D. Webb v. Garcia Family, Inc. (April, 15, 2010).

    The Plaintiff, a 46-year old construction worker, was injured while eating dinner with a friend at the defendant’s restaurant. A four-pound ornamental clay bell that was attached to a metal display stand on top of the booth above the Plaintiff detached from the stand and fell two feet onto the Plaintiff’s head. The Plaintiff sustained a mild traumatic brain injury as a result. Defendant argued that the bell struck the Plaintiff on the right shoulder and never struck his head.

    Plaintiff’s engineering expert, Charlie Crim, testified that the decorative hemp twine used to hang the bell was unsafe and was not rated for any load. He further testified regarding the organic nature of the hemp and its propensity to degrade in humidity, heat and exposure. This degradation was accelerated by frequent movement of the bell. Finally, he testified that the failure of the hemp would occur progressively with deterioration of the exterior strands first. Thus, the expert testified that the failure of the connection should have been foreseeable to the defendant restaurant. Further, Plaintiff offered spoliation arguments on the grounds that the defendant cut the remaining bell from its connection to the stand and discarded the twine after the incident, depriving the Plaintiff of an opportunity to photograph and preserve the connection for additional proof of causation.

    Plaintiff never lost consciousness from the impact and attempted to make light of the incident while he was in the restaurant. However, after departing the restaurant, the Plaintiff and his friend testified regarding the Plaintiff’s headaches, nausea, confusion and dizziness. The symptoms persisted, and three days later, Plaintiff went to the emergency room where the doctor observed a four-centimeter contusion on the crown of Plaintiff’s head. Subsequent visits confirmed post-concussion syndrome and memory loss. His initial CT scan and MRI were normal. Plaintiff attempted to work, but was unable to do so due to dizziness, lethargy and nausea. Plaintiff was ultimately referred by his treating physician to neuropsychiatrist Dr. Gregory O’Shanick for consultation and treatment. Dr. O’Shanick diagnosed the Plaintiff with a mild-traumatic brain injury. Neuropsychologist Dr. Jeffrey Kreutzer confirmed deficits in attention, concentration, visual concentration, memory. Radiology expert Dr. Mark Herbst testified that the Plaintiff’s diffusion tensor imaging MRI scan and PET scan confirmed damage to the right frontal lobe and left parieto-occipital region of the brain. Dr. O’Shanick testified that this damage was caused by the bell incident. He also confirmed that the Plaintiff’s symptoms were consistent with damage to those two areas of the brain.

    Defendant contended that Plaintiff’s prior medical history included a constellation of neurologic problems including depression, headaches, and various psychiatric conditions. Defendant’s expert neuropsychologist and psychiatrist testified that the Plaintiff was suffering from depression, but that the depression was preexisting and chronic. They also testified that the Plaintiff’s symptoms were not consistent with a mild traumatic brain injury.

    Testimony from numerous friends, family members and co-workers were key to establishing a transformation of the Plaintiff: before the bell incident, the Plaintiff was outgoing, happy, hard-working while after, the Plaintiff experienced substantial balance disorder, depression, memory deficits, severe headaches and other physical symptoms.

    The Plaintiff incurred medical bills of $23,000 and presented evidence of a life care plan composed primarily of future medications of $170,000. Plaintiff had regularly been taking five medications since the incident. Plaintiff chose not to present a lost wage or diminished earning capacity claim.

    Prior to trial, the parties argued numerous Motions in Limine regarding a videotape interview of the Plaintiff by defendant’s expert, cumulative lay witness testimony, character evidence, employee immigration issues, criminal background, prior psychiatric hospitalization, neuropsychologist “malingering” testimony, admissibility of PET scan evidence, and other issues.

    Jury returned verdict of $1,200,000 with $193,000 in special damages.

    (Aubrey Ford, Irv Cantor)

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  • Sexual Assault

    $1.2 Million

    Sexual assault case.

    (Irv Cantor, Aubrey Ford)

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  • Wrongful Death

    $1.14 Million

    Plaintiffs were the administrator and the family/beneficiaries of the estate of an 18 year old college student killed in a motor vehicle accident. The family secured a judgment against the driver of the car the decedent was riding in for $1,900,000. The present suit was a coverage case against the Commonwealth seeking satisfaction of the judgment pursuant to the Commonwealth’s Risk Management Plan. The case was very fact-specific and largely turned on agency issues. The case was vigorously defended by the Attorney General’s office. After more than a year of litigation and discovery the case settled approximately one month before trial.

    Type of Action: Coverage litigation after wrongful death verdict

    Style of Case: Confidential

    Court: Henrico County Circuit Court

    Award or Settlement: Settlement

    Amount: $1,140,000

    Amount of Specials: Underlying verdict of $1,900,000

    Attorneys for plaintiff: Irvin V. Cantor, Elliott M. Buckner and Stephanie E. Grana, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, Va.

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  • Sexual Assault

    $1.125 Million

    Sexual assault case.

    (Aubrey Ford, Irv Cantor, Stephanie Grana)

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  • Brain Injury

    $1.125 Million

    Premises case, in which a man suffered a mild brain injury when a display rack fell on him.

    (Irv Cantor, Elliott Buckner)

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  • Sexual Assault

    $1.125 Million Settlement

    The case involved sexual assault in a workplace setting. The allegations included negligent hiring of an attendant.

    (Irv Cantor, Aubrey Ford, Stephanie Grana)

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  • Medical Malpractice

    $1.1 Million

    Plaintiff was a 54 year old female college professor without any history of urologic problems who underwent a craniotomy to resect a meningioma. Plaintiff tolerated the surgery well and a Foley remained in place. Nurses were to monitor Plaintiff’s input and output after the Foley was discontinued. The nursing notes were incomplete and void totals were not always recorded. Eventually, the Plaintiff was “straight-cathed” with a return of a large amount of urine. Despite the nursing monitoring, Plaintiff was again scanned and noted to have retention of over 1.5 liters of urine after a Foley was inserted. There was also a significant discrepancy between the recollection of the nurses and the Plaintiff and her husband. Plaintiff was discharged with a Foley in place. Despite follow-up care and time, Plaintiff’s overdistention bladder injury remained permanent. At present, Plaintiff remains unable to void on her own and must self-catheterize every 4 hours.

    Type of Action: Medical malpractice

    Injuries alleged: Permanent neurogenic bladder requiring a lifetime of self-catheterization

    Court: Case was settled pre-litigation

    Verdict or settlement: Settlement

    Date resolved: April 2013

    Amount: $1,100,000

    Attorneys for plaintiff: Stephanie E. Grana, Irvin V. Cantor, and Elliott Buckner, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, Va.

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  • Wrongful Death

    $1.1 Million

    Wrongful death case arising from the death of an unmarried woman with one adult and one teenage child.

    (Irv Cantor, Elliott Buckner, Stephanie Grana)

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  • Brain Injury

    $1.025 Million

    Plaintiff was a 20 year old college student who suffered a traumatic brain injury in a motor vehicle collision in January, 2010 on Interstate 95 in Greensville County, Virginia. Plaintiff was a passenger in a car that collided with a tractor-trailer when the driver of the car changed lanes and lost control of his vehicle, resulting in a collision between the two vehicles. It was snowing at the time of the collision and the surface of the highway was slippery.

    As a result of his brain injury, the plaintiff was forced to miss one semester of college while he recuperated from his injuries. He returned to college and, after changing his major, graduated from college. Despite his successful completion of college, the plaintiff still suffered from sequelae of his brain injury that included: partial loss of hearing in one ear; sleep disorder; and some problems with concentration, attention, memory, and emotionality. Plaintiff’s incurred medical expenses were $214,967.05.

    Plaintiff brought suit against both the driver of his vehicle, who was a close friend, and the tractor-trailer driver and his employer. The parties each designated multiple experts to testify regarding the extent of the plaintiff’s brain injury. The case eventually settled at mediation a few weeks before trial for the total sum of $1,025,000, comprised of payments from the insurance carriers for both defendants.

    Type of Action: Traumatic Brain Injury - Tractor-Trailer Accident

    Style of case: Confidential

    Court: Greensville County Circuit Court

    Award or Settlement: Settlement

    Amount: $1,025,000

    Attorneys for plaintiff: Irvin V. Cantor, Elliott M. Buckner, and Stephanie E. Grana, Cantor, Stoneburner, Ford, Grana & Buckner, P.C., Richmond, Va.

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  • Medical Malpractice

    $1 Million

    Plaintiff, age 44, was married, a father of three young children and employed full time in a position that required travel across Virginia. He had a long history of minor neck pain for which he underwent conservative treatments, physical therapy and injections. Due to an exacerbation of symptoms, plaintiff was referred to a surgeon. A cervical MRI was done noting a herniated disc at C6-C7 with foraminal narrowing. Consequently, an anterior cervical decompression and fusion (“ACDF”) at C6-C7 was scheduled and performed in November 2012. The pre- and post-operative notes all indicated a surgical level of C6-C7. However, the radiology report for the C-spine following surgery described the surgical level as C7-T1. Plaintiff continued to treat with the defendant surgeon for 6 months and serial x-rays and an MRI were taken. Despite continued complaints of pain and headaches resistant to pain medication and physical therapy and follow-up x-rays continually reporting “status post ACDF from C7-T1”, the surgeon did not advise the plaintiff of any surgical complications or that he had operated at the wrong level. In late May 2013, the surgeon released plaintiff from his care advising him that there was nothing surgically wrong with his spine and that the pain had to be coming from something else.

    Plaintiff continued his use of pain medications, alternative methods of pain relief and limited his work and home activities. At one year out from surgery, plaintiff consulted with an orthopedic surgeon and an MRI was repeated which showed that the ACDF had been performed at C7-T1. Plaintiff reiterated that he had been advised that his surgery had been performed at the level of C6-C7. Unfortunately, the imaging studies also noted a central disc bulge at C6-C7 that was unchanged from 2012. Plaintiff had no choice but to undergo a second and more extensive spinal surgery in 2014 at C6-C7 with a posterior spinal fusion with instrumentation at C6-C7.

    Type of case: Medical Malpractice

    Injuries alleged: Wrong level spinal surgery resulting in second surgery and permanent injuries.

    Court: Settlement

    Verdict or settlement: Settlement

    Amount of settlement: $1,000,000

    Amount of specials: Approximately $225,000 related to second surgery.

    Date of settlement: January 2015

    Attorneys for plaintiff: Stephanie E. Grana, Irvin V. Cantor, Elliott M. Buckner, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, Va.

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  • Medical Malpractice

    $1 Million

    As of 2009, plaintiff, a 51 year old insurance specialist, was suffering from an undiagnosed trigeminal schwannoma. In April 2009, she started to complain of blurred and double vision (diplopia), pressure behind the eyes and headaches. Based upon the initial evaluation by her ophthalmologist and 2 follow-up appointments, plaintiff was advised that she had adult strabismus and prism glasses were prescribed. Thyroid testing was negative. A cause of the diplopia was not determined. By March 2011, the vision difficulties and headaches had increased. Plaintiff returned to her ophthalmologist and was offered computer glasses. 8 days later, plaintiff was seen by her primary care physician with continued complaints and an MRI was finally ordered. Unfortunately, her trigeminal schwannoma had increased in size to 3.9 x 3.6 cm and was compressing the optic nerve. Tumor resection surgery was quickly performed in April 2011. Plaintiff suffers from 3rd, 4th and 5th cranial nerve deficits, constant diplopia in left eye with limited vision such that the left eyeglass is frosted, limited movement of left eye, ptosis of left upper eye lid, left sided neuropathic facial pain, left sided facial numbness, memory loss and profound fatigue.

    Type of case: Medical malpractice

    Court: Virginia

    Verdict or settlement: Settlement. Case settled 3 ½ months prior to trial.

    Date of settlement: October, 2013

    Amount: $1,000,000

    Amount of specials: $559,712.32 - Past medicals.

    Attorneys for plaintiff: Stephanie E. Grana, Irvin V. Cantor, and Elliott M. Buckner, Cantor Stoneburner Ford Grana & Buckner, P.C., Richmond, Va.

    Experts: Case settled before experts were named. Plaintiff’s experts included the specialties of pediatric ophthalmology, neurosurgery, neuropsychiatry and life care planning.

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  • Product Liability

    $1 Million

    Verdict in products liability case, involving head and orthopedic injuries suffered by a worker due to a bridge collapse.

    (Irv Cantor)

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