Personal Injury Case Results

Personal Injury Attorneys: Serving Richmond Since 1979

The true litmus test of a law firm is its case results. In addition to our reputation for compassionate, aggressive, and detail-oriented advocacy, our team at Cantor Stoneburner Ford Grana & Buckner has proven our ability to stand up for our clients’ rights in and out of court, time and time again. With hundreds of millions of dollars recovered for injury victims and a history of major verdicts and settlements, you can rely on a Richmond personal injury lawyer from our team to represent you effectively.The true litmus test of a law firm is its case results. In addition to our reputation for compassionate, aggressive, and detail-oriented advocacy, our team at Cantor Stoneburner Ford Grana & Buckner has proven our ability to stand up for our clients’ rights in and out of court, time and time again. With hundreds of millions of dollars recovered for injury victims and a history of major verdicts and settlements, you can rely on a Richmond personal injury lawyer from our team to represent you effectively.

  • $9 Million

    Medical Malpractice

    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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  • $5.95 Million

    Medical Malpractice

    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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  • $5.6 million

    Auto Accidents

    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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  • $5 million

    Auto Accidents

    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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  • $4.5 Million

    Truck Accidents

    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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  • $4.4 Million

    Medical Malpractice

    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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  • $4 Million

    Medical Malpractice

    This was a legal malpractice lawsuit arising out of a medical malpractice claim. Plaintiff was an active and athletic 13-year old when she was diagnosed with adolescent idiopathic scoliosis. She sought treatment from Dr. Susan Atkins, a Richmond pediatric orthopaedist, who recommended surgery. Dr. Atkins was to perform a posterior spinal fusion with instrumentation and bone allograft. This surgery required the placement of metal “hooks” down the left and right side of the thoracic vertebrae followed by the manipulation of the spine to permit the attachment of metal rods to straighten the spine. During the surgery, Dr. Atkins dissected the tissue, exposed the vertebrae, and placed the first thoracic hook at T-4. Almost immediately, the monitors to the Plaintiff’s lower extremities lost signal . Dr. Atkins immediately removed the hook, performed a wake-up test with a negative result, aborted the surgery, and closed the back incision. From that moment, the Plaintiff suffered permanent incomplete paraplegia whereby she lost all bladder and bowel function and virtually all use of her lower extremities. She will be permanently wheelchair bound.

    The Plaintiff and her parents hired a Washigton DC law firm to pursue her medical malpractice claim. The firm accepted the case, obtained expert support for the case, and asked an associate to draft a Complaint. The firm filed the medical malpractice Complaint in the Richmond Circuit Court four days before the statute of limitations ran. The case was styled: “Richard Gilbert and Rosie Lee Gilbert, Individually and on behalf of their daughter, Sarah Gilbert, a minor.” Defense counsel moved to dismiss the Complaint on the grounds that the real party in interest (the minor) did not bring the action. The law firm filed a second case styled: “Sarah Gilbert, by her parents and next friends Richard and Rosie Lee Gilbert; and Richard and Rosie Lee Gilbert, individually.” The trial court dismissed case number one because of the improperly named plaintiff. The trial court dismissed case number two because it was filed correctly but was filed after the statute of limitations had run. For two years, the law firm attempted various procedural options to reverse the decision to no avail. A Petition for Appeal to the Virginia Supreme Court was denied.

    The young Plaintiff ultimately brought this legal malpractice action against the law firm. Plaintiff intended to call esteemed trial attorney, Thomas E. Albro, as a legal expert witness. However, at trial, the Defendants admitted liability for the law firm on the grounds that the Complaint had been erroneously filed but contended that the senior partner was not individually liable because he had delegated the drafting of the Complaint to the Virginia associate in his office and was not directly involved. The trial court denied that motion.

    The trial also involved the presentation of the entire underlying medical malpractice case. Plaintiff called Dr. David P. Roye, a pediatric orthopedic surgeon, who confirmed injury at the level of T4 precisely where the hook was placed and further testified that Dr. Atkins breached the standard of care by placing the hook in a manner that blocked the circulation to the spinal cord and/or actually caused the hook to come in contact with her spinal cord. Plaintiff called Dr. Wilbur L. Smith, a pediatric radiologist, who testified that the ischemia occurred at the level of T3/T4 and that he was certain that the damage occurred at the time of placement of the hook. He opined that the hook cut off the blood supply to the cord but did not strike the cord.

    Defendants called Dr. Allen L. Carl, a pediatric orthopedic surgeon, to testify that Dr. Atkins did not breach the standard of care, and that the mere fact that the blood vessels to the cord were occluded resulting in cord death did not implicate negligence. Defendants also called Dr. Jerome A. Barakos, a neuroradiologist, who testified that that he was certain that the cord had not been struck, that vessels are occluded all the time in such surgery, and that he believed the damage was caused by a stroke in the spinal cord at the same level as the hook placement. Defense counsel argued that the Plaintiff failed to prove the precise mechanism of injury and/or that such injury was caused by a breach of the standard of care.

    Plaintiff presented a number of damages witnesses concerning the implications of the paralysis and presented a Life Care Plan through Betty S. Overbey, R.N. in the amount of $2,600,000. The jury deliberated for 90 minutes and returned a verdict for the Plaintiff for $4,000,000. Defendants requested the opportunity to file post-verdict motions.

    Type of case: Legal malpractice lawsuit

    Name of case: Sarah E. Gilbert v Paulson & Nace, PLLC and Barry J. Nace, Esq.

    Court: Richmond Circuit Court

    Tried before: Jury

    Verdict or settlement: Verdict

    Date of verdict: September 27, 2013

    Special damages: $2.6 million life care plan

    Demand: $1,700,000

    Offer: $260,000

    Amount: $4,000,000

    Attorneys for plaintiff: H. Aubrey Ford and Stephanie E. Grana (Richmond) – Cantor Stoneburner Ford Grana & Buckner

    Attorneys for defendant: John O. Easton and Carol T. Stone (Fairfax) – Jordan Coyne & Savits

    Plaintiff’s experts: Thomas E. Albro, Esq. (legal) ; Dr. David P. Roye (pediatric orthopaedic surgery) ; Dr. Wilbur L. Smith (pediatric radiology) ; Betty S. Overbey (life care plan)

    Defendant’s experts: Gary B. Mims, Esq. (legal) ; Dr. Allen L Carl (orthopaedic surgeon) ; Dr. Jerome A. Barakos (neuroradiology)

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  • $4 Million

    Medical Malpractice

    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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  • $4 Million

    Truck Accidents

    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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  • $3.7 Million

    Commercial & Business Disputes

    Aubrey Ford represented three original owners of a start up manufacturing company against an established national corporation for fraud and fraud in the inducement of a contract to sell their company. The commercial case was filed in the United States District Court, Eastern District of Virginia, in September 2007. After many contested motions and discovery activities, the case was settled for $3,750,000

    (Aubrey Ford)

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  • $3.5 Million

    Truck Accidents

    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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  • $3.4 Million

    Medical Malpractice

    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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  • $3.1 Million

    Medical Malpractice

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

    (Lewis Stoneburner)

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  • $3 Million

    Sexual Assault

    Rape and attempted murder case by apartment maintenance worker.

    (Aubrey Ford)

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  • $2.98 Million

    Auto Accidents

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

    (Irv Cantor, Elliott Buckner)

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  • $2.975 Million

    Wrongful Death

    Wrongful death case.

    (Irv Cantor, Stephanie Grana, Elliott Buckner)

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  • $2.9 Million

    Commercial & Business Disputes

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

    (Lewis Stoneburner)

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  • $2.85 Million

    Wrongful Death

    Wrongful death case.

    (Irv Cantor, Stephanie Grana, Elliott Buckner)

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  • $2.8 Million

    Brain Injury

    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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  • $2.77 Million

    Medical Malpractice

    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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  • $2.7 Million

    Medical Malpractice

    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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  • $2.4 Million

    Wrongful Death

    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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  • $2.35 Million

    Auto Accidents

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

    (Irv Cantor, Elliott Buckner)

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  • $2.3 Million

    Wrongful Death

    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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  • $2.2 Million

    Wrongful Death

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

    (Irv Cantor, Stephanie Grana, Elliott Buckner)

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  • $2 Million

    Truck Accidents

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

    (Irv Cantor)

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  • $2 Million

    Wrongful Death

    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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  • $2 Million

    Medical Malpractice

    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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  • $2 Million

    Medical Malpractice

    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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  • $2 Million

    Commercial & Business Disputes

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

    (Lewis Stoneburner)

    Read moreless
  • $2 Million

    Auto Accidents

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

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

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  • $2 Million

    Medical Malpractice

    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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  • $2 Million

    Wrongful Death

    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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  • $1.95 Million

    Wrongful Death

    Verdict in wrongful death case.

    (Irv Cantor, Elliott Buckner, Stephanie Grana)

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  • $1.95 Million

    Brain Injury

    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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  • $1.95 Million

    Medical Malpractice

    Medical malpractice case.

    (Irv Cantor, Stephanie Grana, Elliott Buckner)

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  • $1.9 Million

    Auto Accidents

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

    (Irv Cantor)

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  • $1.9 Million

    Auto Accidents

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

    (Irv Cantor, Elliott Buckner)

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  • $1.875 Million

    Product Liability

    Products liability case involving an unsafe consumer health product.

    (Irv Cantor)

    Read moreless
  • $1.85 Million

    Motor Vehicle Accidents

    Motor vehicle accident case.

    (Irv Cantor)

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  • $1.8 Million

    Truck Accidents

    An accident involving a tractor-trailer occurred along the I-95 in Virginia. The defense claimed that none of plaintiff’s injuries required surgery. The plaintiff made an excellent recovery from serious injuries with one year of limited medical care. The plaintiff returned to work — in a full capacity position and without any kind of reprimand — six months later. The team approach proved to be a very effective method in helping our client achieve an optimal and favorable resolution.

    (Mark D. Dix)

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  • $1.75 Million

    Medical Malpractice

    Medical malpractice case, involving a failure to diagnose cancer.

    (Lewis Stoneburner)

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  • $1.75 Million

    Wrongful Death

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

    (Irv Cantor)

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  • $1.7 Million

    Medical Malpractice

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

    (Lewis Stoneburner, Bellamy Stoneburner)

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  • $1.7 Million

    Medical Malpractice

    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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  • $1.65 Million

    Motor Vehicle Accidents

    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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  • $1.6 Million

    Auto Accidents

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

    (Elliott Buckner, Irv Cantor, Stephanie Grana)

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  • $1.51 Million

    Motor Vehicle Accidents

    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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  • $1.5 Million

    Medical Malpractice

    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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  • $1.5 Million

    Medical Malpractice

    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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  • $1.5 Million

    Commercial & Business Disputes

    Class action involving claims of unpaid overtime compensation against a Fortune 500 company.

    (Aubrey Ford)

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  • $1.5 Million

    Medical Malpractice

    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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  • $1.5 Million

    Brain Injury

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

    (Irv Cantor)

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  • $1.45 Million

    Medical Malpractice

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

    (Lewis Stoneburner)

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  • $1.44 Million

    Motor Vehicle Accidents

    Motor vehicle collision injury case.

    (Irv Cantor, Stephanie Grana, Elliott Buckner).

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  • $1.35 Million

    Wrongful Death

    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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  • $1.3 Million

    Medical Malpractice

    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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  • $1.3 Million

    Medical Malpractice

    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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  • $1.3 Million

    Motor Vehicle Accidents

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

    (Stephanie Grana, Elliott Buckner, Irv Cantor)

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  • $1.3 Million

    Wrongful Death

    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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  • $1.295 Million

    Motor Vehicle Accidents

    Motor vehicle collision injury case.

    (Irv Cantor, Stephanie Grana, Elliott Buckner)

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  • $1.275 Million

    Wrongful Death

    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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  • $1.25 Million

    Medical Malpractice

    Medical malpractice case, involving a death due to a medication overdose.

    (Stephanie Grana)

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  • $1.25 Million

    Medical Malpractice

    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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  • $1.2 Million

    Medical Malpractice

    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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  • $1.2 Million

    Commercial & Business Disputes

    Jury verdict in commercial litigation case involving a claim for stock options by the former president of a telecommunications company.

    (Aubrey Ford)

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  • $1.2 Million

    Sexual Assault

    Sexual assault case.

    (Irv Cantor, Aubrey Ford)

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  • $1.2 Million

    Brain Injury

    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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  • $1.14 Million

    Wrongful Death

    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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  • $1.125 Million

    Sexual Assault

    Sexual assault case.

    (Aubrey Ford, Irv Cantor, Stephanie Grana)

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  • $1.125 Million

    Brain Injury

    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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  • $1.1 Million

    Wrongful Death

    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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  • $1.1 Million

    Medical Malpractice

    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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  • $1.1 Million

    Wrongful Death

    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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  • $1.025 Million

    Brain Injury

    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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  • $1 Million

    Wrongful Death

    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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  • $1 Million

    Medical Malpractice

    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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  • $1 Million

    Medical Malpractice

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

    (Lewis Stoneburner)

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  • $1 Million

    Product Liability

    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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  • $1 Million

    Medical Malpractice

    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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  • $1 Million

    Medical Malpractice

    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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