Lewis T. Stoneburner

Partner

Leading Richmond Medical Malpractice Attorney

As one of the most experienced medical malpractice and personal injury lawyers in Richmond, Lewis Stoneburner is a leader in his field. He has been representing clients and trying cases for 40 years. His case history has included complex personal injury cases, severe medical malpractice claims, and commercial tort cases—all of which demonstrate his ability to navigate complicated cases and build a victorious case on them. Lewis has handled countless cases, and successfully resolved neurological birth injuries and brachial plexus cases with skill, effectiveness, and compassion for his clients.

Lewis’ work and his track record of results has not gone unnoticed by his peers. In 2011 and in 2015, he was named Best Lawyers® “Richmond Medical Malpractice Lawyer of the Year.” As a testament to his incredible consistency and tireless efforts to serve his clients, Lewis has been selected to Super Lawyers® 12 years in a row—from 2006 to 2017. He is also one of the top selections in the state, as he is regularly included in the Top 100 Lawyers in Virginia and Top 50 Lawyers in Richmond.

Because he consistently secures verdicts and settlements larger than $1 million, he is a member of the Million Dollar Advocates Forum. In addition, he is a member of the Virginia and Southern Trial Lawyers Associations and the American Association of Justice.

In addition to his awards, Lewis’ clients benefit from his good standing in the legal community. He is rated AV® Preeminent™, the highest possible rating for legal skill and professional ethics in the Martindale-Hubbell rating system. He is also a Lifetime Charter Member of Best Attorneys®. His legal colleagues also voted him in as the president of the Virginia Chapter of the American Board of Trial Advocates.

He is proud to serve his clients as one of the most effective Richmond personal injury attorneys in the area.

Contact Lewis: lstoneburner@virginiatrialfirm.com

Education

  • J.D., T.C. Williams School of Law, University of Richmond, 1976
  • B.A., Hampden-Sydney College, 1973

Bar Admission

  • Virginia, 1976

Court Admissions

  • Virginia Supreme Court
  • U.S. District Court for the Eastern District of Virginia
  • U.S. 4th Circuit Court of Appeals

Honors

  • 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)
  • Best Lawyers in America® "Richmond Medical Malpractice Lawyer of the Year" (2015, 2011)
  • Best Lawyers in America®, in the category of Medical Malpractice (2007-present)
  • Virginia Super Lawyers® (2006-present), selected by Law & Politics
    • Named "Top 25 Richmond Area Super Lawyers" (2012)
    • "Top 50 Richmond Area Super Lawyers" (2014, 2017)
    • “Top 50 Virginia Super Lawyers” (2009, 2010, 2013)
    • "Top 100 Virginia Super Lawyers" (2014, 2017)
  • Best Attorneys "Lifetime Charter Member"

Professional Associations

  • American Association of Justice (formerly Association of Trial Lawyers of America)
  • American Board of Trial Advocates, Virginia Chapter President (2008-2009)
  • Litigation Counsel of America, Senior Fellow
  • Million Dollar Advocates Forum
  • National College of Trial Advocacy
  • Pound Civil Justice Institute, Supporting Fellow
  • Richmond Bar Association
  • Southern Trial Lawyers Association
  • Virginia Bar Association
  • Virginia State Bar
  • Virginia Trial Lawyers Association, Board of Governors (1992-present), and Medical Malpractice Legislation Subcommittee Chair (2000-2010)

Community Involvement

  • Roscoe Pound Foundation
  • Sustaining contributor, Virginia Museum of Fine Arts
  • Sustaining contributor, World Pediatric Project
  • Sustaining contributor, Williamsburg Society, VTLA
  • Medical Malpractice

    $4.4 Million

    Verdict in medical malpractice case, involving a brachial plexus birth injury to the child and injury to the mother, reduced to Virginia’s statutory cap.

    (Lewis Stoneburner)

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  • Medical Malpractice

    $3.1 Million

    Verdict in medical malpractice cases, involving a brachial plexus birth injury, reduced to Virginia’s statutory cap.

    (Lewis Stoneburner)

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  • Commercial & Business Dispute

    $2.9 Million

    Commercial litigation case, involving a defective design of a manufacturing plant by the engineer.

    (Lewis Stoneburner)

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  • Medical Malpractice

    $2.77 Million

    Verdicts in medical malpractice case, involving a brachial plexus birth injury to the child and injury to the mother, reduced to Virginia’s statutory cap.

    (Lewis Stoneburner)

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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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  • Medical Malpractice

    $2 Million

    Verdict in medical malpractice case for a bladder injury to a woman that was caused by mismanaged catheter care, reduced to Virginia’s statutory cap.

    (Lewis Stoneburner, Stephanie Grana)

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  • Commercial & Business Dispute

    $2 Million

    Credit union fidelity bond case, involving mismanagement of credit union funds.

    (Lewis Stoneburner)

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  • Wrongful Death

    $2 Million

    Verdict in medical malpractice case, involving the death of a young child as a result of a misdiagnosed vascular condition in the brain, reduced to Virginia’s statutory cap.

    (Lewis Stoneburner)

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  • Wrongful Death

    $2 Million

    This wrongful death action was originally filed as a personal injury suit for failure to diagnose lung cancer. Unfortunately, the plaintiff died during the pendency of the case, and it was amended to a wrongful death action, prosecuted by two adult children as administrators of the Estate on behalf of the four adult children beneficiaries.

    Mrs. Willever had been a long-standing patient of the defendant, a primary care physician. In 2007, as a part of an annual physical examination, the defendant performed an in-house chest film and missed an obvious early Stage IA lung lesion. She was 68-years old at the time and had a former history of smoking for over thirty years. The defendant did not have the film over-read by a radiologist nor did he order follow-up imaging.

    The subsequent year, in 2008, the Defendant, as part of the annual examination, repeated the chest film. Again, he missed the lesion, which had grown and metastasized. In 2009, the patient became symptomatic. A repeat annual chest film taken in 2009 showed late stage metastatic cancer, which the defendant misinterpreted as bronchitis or pneumonia. He placed the patient on antibiotics.

    When her symptoms were not relieved by a course of antibiotics, she was referred to a radiologist who immediately reported finding a large lesion, consistent with advanced lung cancer. Additional films confirmed Stage IIIB lung cancer. Mrs. Willever underwent 16 rounds of chemotherapy and died on October 25, 2011, at the age of 73.

    She was survived by her four adult children, none of whom were economically dependent upon her. Cumulative medical billings totaled approximately $438,000.

    The Estate called an internist who testified that his practice group has 100% of its films over-read by radiologists, and in any instance, the standard of care requires an over-read when an abnormality is noted. He pointed out abnormalities on the 2007, 2008 and 2009 films to the jury. He testified that the tumor in 2007 was an early stage lesion, and Mrs. Willever’s life expectancy from the date of the first misdiagnosis in 2007 was consistent with the life expectancy table of 17.4 years.

    On proximate causation, the Estate called both a thoracic surgeon and an oncologist. The thoracic surgeon reviewed the films with the jury and explained that the lesion in 2007 was surgically resectable with a curative rate of 75%. He explained the surgery would be done in a minimally invasive fashion with a hospitalization of three to five days and no additional chemotherapy or radiation. By 2008, he testified that the lesion had grown and would have been likely classified as Stage III, with the potential for surgical resection, additional treatment with chemotherapy, and a cure rate in the 20-40% range. Once a diagnosis was made in 2009, the cancer had advanced to a Stage IIIB, and a surgical cure was no longer an option. The Estate’s oncologist, likewise, reviewed the films with the jury. He pointed out the abnormalities on each film. He explained the progression of lung cancer in the patient along with her various treatment options and survivability rates at each stage.

    The case was defended on both the standard of care and causation. The defense emphasized that the films only indicated lung lesions upon retrospective review. The defense expert, a Doctor of Osteopathic Medicine, testified that the 2007 and 2008 films were consistent with pulmonary hypertension and did not require a referral to a radiologist or follow-up imaging. The defense placed great emphasis upon the patient’s many co-morbidities, which included morbid obesity, hypertension, stenosis of her carotid arteries, family history of heart disease, hypercholesterolemia, chronic obstructive pulmonary disease, advanced age and a long history of smoking.

    The jury was instructed by the Court and deliberated for approximately 2 hours. The jury returned a verdict in the sum of $2,000,000, with interest on the cumulative medical billings from October 12, 2009, the date of the cancer was diagnosed. The verdict was reduced to the applicable $2 million cap. Final judgment was entered and has been paid in full, plus post-judgment interest.

    Type of Action: Medical malpractice

    Injuries alleged: Wrongful death

    Name of case: The Estate of Louise Willever v. Williams

    Verdict or settlement: Jury verdict

    Date: May 9, 2012

    Judge: Hon. Richard B. Potter

    Venue: Prince William Circuit Court

    Amount: $2 million (With pre-judgment interest on $438,000.00 in medical expenses from October 12, 2009 - $54,136.00)

    Last offer: $350,000

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

    Attorneys for Defendant: Charles Y. Sipe, Goodman Allen & Filetti

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  • Medical Malpractice

    $1.75 Million

    Medical malpractice case, involving a failure to diagnose cancer.

    (Lewis Stoneburner)

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  • Medical Malpractice

    $1.7 Million

    Settlement in medical malpractice case, involving anoxic brain injury following angioplasty.

    (Lewis Stoneburner, Bellamy Stoneburner)

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  • Medical Malpractice

    $1.5 Million

    Verdict in medical malpractice case, involving a 40 year old man who suffered a permanent nerve injury after a botched routine procedure.

    (Lewis Stoneburner)

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  • Medical Malpractice

    $1.5 Million

    Plaintiff, who was eighteen years old at the time of injury, was transported to the emergency room following a crush injury to his right leg. The defendant orthopedic surgeon accepted care of the patient on the night of his admission, but did not evaluate him until the following morning and did not operate until the following afternoon.

    At the time of the patient’s initial triage and assessment, his vascular status was recorded as intact, with notable right thigh swelling and bruising to the right hip. A lower extremity CT scan, conducted on the night of admission, revealed a transverse femur fracture with posterior and lateral displacements of the distal fracture fragments and an additional anterior comminuted fragment. The CT also revealed a large hematoma. Swelling of the right thigh was documented in addition to severe pain (10/10). Following the CT scan, the defendant failed to confirm that the vascular status of leg was intact and failed to rule out compartment syndrome.

    The next morning, the defendant conducted his first examination of the plaintiff and documented decreased sensation and asymmetric pulses in the right lower extremity. Despite findings indicative of vascular compromise, the defendant did not immediately consult a vascular surgeon, obtain a doppler or duplex examination of the leg, or plan to proceed with emergent surgery. The defendant operated on a non-emergent patient before attending to the plaintiff. During the plaintiff’s surgery, which occurred later that afternoon, the defendant diagnosed compartment syndrome, performed a fasciotomy and fracture fixation. Anterior and lateral compartments revealed pressures at acutely elevated levels of 80 mmHg.

    Following surgery, PACU nurses were unable to palpate or auscultate a dorsalis pedis pulse, and the post-tibial pulse was only faintly palpable. The defendant was advised of sluggish capillary refill and diminished pulses, but took no action. Shortly thereafter, the plaintiff lost all sensation in his right foot. A hospitalist was eventually consulted, and the plaintiff was transferred to a Level I Trauma Center for emergency vascular surgery.

    The surgery revealed that the plaintiff had suffered complete transection of the right popliteal artery and vein just above the knee joint. Despite extensive surgical repair, including a four-compartment right calf fasciotomy, repairs of the popliteal artery and vein transections, and a thrombectomy of the femoral vein, the plaintiff’s lower leg was unsalvageable. The plaintiff was monitored for several days after attempted revascularization, however, motor and sensory function did not return to his right lower limb. The plaintiff thereafter underwent a below-knee amputation of the right lower extremity.

    Type of Action: Medical Malpractice

    Injuries alleged: Below-knee amputation of the right leg

    Verdict or Settlement: Settlement

    Date: Settlement

    Amount: January 9, 2013

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

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  • Medical Malpractice

    $1.5 Million

    Child born with misdiagnosed congenital hip dysplasia. Delay in diagnosis will cause plaintiff to undergo major bilateral surgeries over lifetime. Settled after expert witness and literature designation with “cap” of only $1.6 million. (Lewis Stoneburner, Bellamy Stoneburner)

    Plaintiff alleged that defense radiologists failed to detect bilateral hip dyplasia in ultrasounds conducted at birth and at four months of age.

    As a result, plaintiff lost the opportunity to be treated conservatively during the first six to eight months of life with a Pavlik harness.

    The dysplasia was not diagnosed until she was 8-years-old, when she underwent bilateral hip reconstruction. She faces a lifetime of hip replacements, starting at age 20 when she has achieved complete bone growth.

    (Lewis Stoneburner, Bellamy Stoneburner)

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  • Medical Malpractice

    $1.45 Million

    Medical malpractice case, involving neurological birth-related injuries suffered as a result of fetal distress and oxygen deprivation.

    (Lewis Stoneburner)

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  • Medical Malpractice

    $1.3 Million

    This claim involved the death of a 39-year old male, survived by a sole beneficiary, his wife. He presented to the defendant gastroenterologist with a history of morbid obesity, a reported weight loss of 80 pounds in less than three months, in addition to abdominal pain, constipation, vomiting and nausea. Upon presentation, plaintiff’s decedent had been unable to consume solid food for days and had not had a bowel movement in over a week. The decedent did not have a primary care physician and had no established baseline laboratory values.

    The defendant gastroenterologist did not order any imaging or laboratory studies, and scheduled the decedent for an esophagogastroduodenoscopy (EGD), which revealed bilious fluids in the stomach. The defendant then ordered the first of three consecutive colonoscopies. The first procedure was unsuccessful due to fetal blockage. Two consecutive colonoscopies, with required bowel preparation, were conducted by the defendant over the following two days. The first one failed again due to blockage, and the second procedure was reported as successful.

    Following the third colonoscopy, recovery vital signs indicated that the decedent continued to be tachycardic, despite oxygen administered at 4 liters per minute. The decedent had an extremely low body temperature and reported severe fatigue. The defendant failed to properly investigate decedent’s status and symptoms, and discharged him from the hospital.

    Plaintiff’s decedent was re-admitted to the Emergency Room approximately four hours later and diagnosed with ketoacidosis, electrolyte depletion and a grossly elevated glucose value. He coded and was pulseless for 15 minutes, before he was resuscitated. He was determined to be brain dead, and life support was withdrawn. Plaintiff’s experts would have testified that his presenting symptoms demanded testing to determine whether underlying diabetes was the cause of his gastroparesis. Simple laboratory studies would have demonstrated that the decedent had adult onset diabetes. This diagnosis would have resulted in an entirely different course of treatment and care. The experts also would have criticized the defendant for repeatedly failing to check the decedent’s glucose levels, for failing to admit him following the third procedure and for predictable electrolyte depletion with three colonoscopy bowel preparations in the course of three days.

    Type of Action: Medical malpractice

    Injuries alleged: Wrongful death

    Resolved: Mediation

    Mediator: Hon. Rosemarie Annunziata

    Date resolved: December 10, 2012

    Amount: $1,300,000

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

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  • Medical Malpractice

    $1.3 Million

    This case involved a claim by a 25-year-old married mother of two young children for failure to diagnose a trigeminal schwannoma, a benign extra-axial brain tumor behind her left eye. The tumor pressed against the nerve fibers of the dura and her trigeminal nerve, the fifth cranial nerve, causing excruciating headaches, photophobia, tongue numbness and other complaints. The Defendant has an exclusive agreement to review and interpret all imaging studies at Rockingham Memorial Hospital. In August of 2007, the Plaintiff, age 20 at the time, presented to the Hospital with complaints of severe, persistent headaches and dizziness. The ER physician ordered a CT scan without contrast to evaluate her complaints.The scan was interpreted by a radiologist-employee of Defendant and was interpreted as normal. Plaintiff was sent home without further evaluation by MRI, which is the gold standard for the diagnosis of such tumors. The radiologist missed obvious abnormalities which should have triggered a MRI, including calcifications, bony remodeling of the cranium, caused by the pressure exerted by the tumor, and the margins of the golf-ball sized tumor. The plaintiff again presented to the ER in December of 2008 with tumor-related complaints, which had worsened over time. She again received a CT scan without contrast. Another radiologist-employee of the Defendant read this film as normal and compared it to the 2007 film, which he interpreted as normal as well. Again, the Plaintiff was sent home without further evaluation or treatment of the tumor.

    In May of 2010, Plaintiff returned once again to the ER and underwent a third CT scan without contrast. This CT scan was preliminarily interpreted by a night-service radiologist for the practice group who noted a mass on the film. Hours later, Defendant’s radiologist-employee rendered a final, independent and objective interpretation of the film and opined that the CT scan showed a calcified, possibly hemorrhagic, mass in the medial aspect of the left temporal lobe. Both radiologists who read the 2010 CT scan recommended a MRI for further evaluation of the mass. The Plaintiff was emergently transported by ambulance to UVMC and underwent a MRI of the brain that confirmed the moderately large trigeminal schwannoma. Subsequently, she underwent a radical craniotomy and tumor resection. After a period of recovery, she regained her normal enjoyment of life and her family, relieved of the noted symptoms and complaints.

    Plaintiff called as an adverse witness the radiologist-employee of Defendant who made the critical diagnosis of the suspected mass on the 2010 CT scan. Additionally, Plaintiff called two board-certified radiology experts who explained the abnormalities shown on the 2007 and 2008 films that should have prompted additional evaluation under the standard of care. The plaintiff and family members testified about her three-year ordeal which left her incapacitated to take care of her young children and her disabled mother. Plaintiff additionally called a neurosurgeon to testify about the mechanism of injury resulting from the compression of the tumor on the dura and on the three branches of the trigeminal nerve. Plaintiff’s neurosurgeon testified that he was experienced in the diagnosis, management and treatment of trigeminal tumors. The defense elected not to rebut Plaintiff’s proximate causation testimony, but sought to show that the Plaintiff used the ER as her primary care provider a number of times without complaining of headaches and other tumor-related symptoms. Plaintiff and her family testified that the bulk of these visits were totally unrelated, and that she had been reassured, after two “normal” CT scans, that she simply had an “anxiety” syndrome.

    The Defendant called two radiologists as experts. Both experts agreed that the tumor was visible “in retrospect.” The experts maintained that the purpose of the CT scan was to rule out bleeding associated with a stroke. They further claimed that the area where the tumor was located was very difficult to assess with a CT scan without contrast. The defense emphasized that the tumor was “benign” and was successfully treated.

    Both sides stipulated that the tumor remained the same size throughout the period in question, from 2007 through 2010. The Plaintiff would have had the same surgery, a radical craniotomy, in 2007 as she had upon diagnosis in 2010. No special damages were submitted to the jury.

    The jury deliberated for three hours and returned a unanimous verdict, confirmed by polling. The Defendant filed a Motion to Set Aside the Jury Verdict and Award New Trial, or in the Alternative to Order Remittitur. The Court received oral and written argument and denied the Motion. Thereafter, the case was settled for 1.2 million with a potential appeal pending.

    Type of Action: Medical malpractice

    Injuries alleged: Misdiagnosed extra-axial brain tumor causing severe headaches, photophobia, tongue numbness, diffuse numbness, dizziness, weakness, depression and anxiety for a period of three years.

    Name of case: Nicole Mae Hedrick v. Rockingham Radiologists, Ltd.

    Venue: Rockingham County Circuit Court

    Case number: CL10000952-00t

    Date resolved: September 13, 2012 (verdict); October 31, 2012 (Motion to Set Aside denied)

    Verdict or settlement: Verdict

    Amount: $1,300,000

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

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  • Wrongful Death

    $1.275 Million

    The newborn decedent was a twin who died on the ninth day of life. The twin was born prematurely at a gestational age of 33 weeks and 5 days, with a birth weight of 4.2 pounds. He was diagnosed prenatally with pulmonary atresia, with an expected cardiac intervention planned following birth.

    The decedent, who was stable prior to surgery, underwent a cardiac catheterization procedure with radiofrequency (RF) perforation of the atretic pulmonary valve and pulmonary balloon septostomy. Two complications developed during the procedure. The pulmonary valve membrane was perforated resulting in a pericardial tamponade. The tamponade was timely recognized and treated with the removal of 30 milliliters of blood from the pericardium and auto-transfusion. Secondly, during the course of establishing vascular access for the procedure, the greater saphenous vein was transected just below the saphenofemoral junction. The transection was not was not timely recognized, and within hours, resulted in acute hemorrhage.

    Following the procedure, the newborn was sent to the neonatal intensive care unit (NICU). The patient’s post-procedural vital signs were indicative of impending hemodynamic collapse consistent with vascular injury. The attending neonatologist failed to order arterial blood gas testing to assess the neonate’s deteriorating status despite urgent recommendations by house staff. The attending neonatologist failed to order an assessment of the femoral access site, timely monitoring and blood transfusions. The neonate decompensated over the course of five and a half hours in the NICU with delayed capillary refill, and declining blood pressure, temperature, respiratory rates and oxygen saturation levels. An abdominal ultrasound demonstrated fluid in the abdomen.

    The decedent progressed to full cardiorespiratory arrest. Blood gas testing confirmed that he developed severe lactic acidosis as a result of hemorrhaging following the interventional catheterization procedure. Hemorrhagic bleeding induced a secondary disseminated intravascular coagulation (DIC). Emergent bedside surgery was performed to explore the femoral access site. Operative findings revealed that that the greater saphenous vein had been transected with active bleeding at the proximal and distal ends and suggillation of thigh tissues. The decedent developed a grade 4 intraventricular hemorrhage as a result of fluctuation in cerebral blood flow from severe acidosis, hypoxia, and hypotension.

    At autopsy, examination of the left iliac vessels revealed a vascular defect in the left groin, a hematoma over the left psoas muscle extending to the inguinal area, a laceration of the medial main pulmonary artery, and additional serosanguinous fluid in the peritoneal cavity. The case was resolved prior to the designation of experts. Plaintiff’s experts included those from the disciplines of neonatology, forensic pathology, pediatric cardiology, pediatric critical care, pediatric gastroenterology, and radiology. The decedent was survived by his parents, brother and twin sister.

    Type of action: Wrongful death

    nameof case: Confidential

    Date resolved: June 24, 2015

    Verdict or settlement: Settlement

    Amount: $1,275,000

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

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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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  • Medical Malpractice

    $1.2 Million

    Settlement occurred pre-litigation at mediation with the Honorable Thomas S. Shadrick (Ret. Virginia Beach Circuit Court) and Justice Lawrence L. Koontz, Jr. (Ret. Virginia Supreme Court, as observer for accreditation). This case involved the alleged mismanagement of the high risk labor and delivery of a pregestational insulin-dependent diabetic mother. For a period of over twenty-six hours during labor, the mother was not given insulin despite elevated blood sugar levels upon admission and thereafter. The mother developed life-threatening diabetic ketoacidosis. The fetus suffered severe ketoacidosis-induced hypoxic ischemic encephalopathy. Upon delivery, the newborn was resuscitated and lived for six days prior to the removal of life support due to global brain damage that was incompatible with life. Two claims were asserted: 1. for the mother’s emotional distress for injury to the fetus in the womb; and 2. for the wrongful death of the infant. The mother’s claim settled for $200,000, and the wrongful death claim settled for $1,000,000.

    Type of Action: Medical malpractice

    Injuries alleged: Wrongful death and emotional distress for injuries to the fetus in the womb

    Name of case: Confidential

    Verdict or settlement: Settlement

    Amount: $1.2 million

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

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  • Wrongful Death

    $1.1 Million

    The decedent, age 21-months, died following the administration of anesthesia for an elective surgery. The child was born prematurely at a gestational age of twenty-eight weeks, with a birth weight of 1.4 pounds. He was born with ambiguous genitalia that necessitated a series of urological surgeries to free the tethered testicles and reconstruct the genitalia. The decedent also suffered from failure to thrive syndrome and was grossly underweight at the time of the urological surgery. Prior to that point, the decedent had undergone unrelated surgeries under general anesthesia and had experienced laryngospasm, which was successfully resolved, on one occasion.

    Despite the child’s pre-existing conditions, the urological surgery occurred at an ambulatory surgery center. The decedent’s Estate alleged that the child was given a toxic overdose of a weight-based caudal block. The child experienced a profound bradycardic episode shortly after the caudal block consistent with the early biphasic absorption of the anesthetic. The child was revived momentarily and the surgery continued, followed by another crash in vital signs. The child was extubated and sent to recovery, where he coded and died. The cardiac arrest that ultimately proved to be fatal occurred at a time which correlated with expected peak plasma concentrations of the drug. During the code, which was managed by the anesthesiologist, the child was given a delayed and inadequate dose of intralipid to reverse toxicity.

    The allegations of negligence included the failure to perform the surgery in a Level III hospital with pediatric cardiology and critical care available, failure to properly administer the correct anesthetic dosages, improper extubation, and failure to conduct resuscitative efforts in a timely and appropriate fashion. Liability and causation were hotly contested, and the case settled after the designation of experts for both parties. No special damages were sought. The wrongful death claim, based on solace and grief, was brought on behalf of the parents and two half-brothers, who were teenagers at the time of the child’s death.

    Type of action: Wrongful death

    Name of case: Confidential

    Date resolved: February 17, 2015

    Verdict or settlement: Settled in Mediation with Hon. Thomas S. Shadrick (retired)

    Amount: $1,100,000

    Special damages: None claimed

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

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  • Wrongful Death

    $1 Million

    Settlement of a wrongful death case, involving a cancer patient who died due to pulmonary emboli following prostate surgery.

    (Lewis Stoneburner, Bellamy Stoneburner)

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  • Medical Malpractice

    $1 Million

    Plaintiff alleged unnecessary spinal surgery employing twenty-two medical devices in an anterior-posterior three-level fusion. Plaintiff’s experts, two orthopedic surgeons, were anticipated to testify that the surgery was unsupported by clinical findings, history and imaging, which indicated mild degenerative changes and mechanical back pain. Following surgery, Plaintiff experienced numbness, decreased sensation, and chronic pain consistent with a failed back syndrome. As a result of motor and sensory dysfunction, Plaintiff was rendered permanently disabled. Plaintiff’s experts included a neurologist who performed an independent medical examination, and an economist who calculated the present value of loss income and benefits. The case was successfully mediated by Judge Shadrick approximately 60 days before trial.

    Type of action: Medical Malpractice

    Verdict or settlement: Settlement

    Date resolved: May 27, 2014

    Mediator: Hon. Thomas S. Shadrick

    Amount: $1,000,000

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

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  • Medical Malpractice

    $1 Million

    Medical malpractice case, involving a brachial plexus birth injury that occurred during a complicated C section.

    (Lewis Stoneburner)

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