Morris v. Health Services Foundation

THE VIRGINIA STATE BAR RULES OF PROFESSIONAL CONDUCT REQUIRE ALL ATTORNEYS TO MAKE THE FOLLOWING STATEMENT AND DISCLAIMER TO THEIR CASE RESULTS.

SETTLEMENTS AND VERDICTS IN ALL CASES DEPEND ON VARIOUS FACTORS AND CIRCUMSTANCES WHICH ARE UNIQUE TO EACH CASE. THEREFORE, PAST RESULTS IN CASES ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH THE ALLEN LAW FIRM AND ITS LAWYERS MAY UNDERTAKE.

Virginia Supreme Court
Injuries: cerebral palsy, brain damage
Settlement: Subject to a Confidentiality Agreement

Attorneys

Malcolm P. McConnell, III
Jason W. Konvicka

The plaintiff was asphyxiated at birth resulting in cerebral palsy and brain damage and will never be able to live independently. The parents of the child claimed that the doctors failed to respond to their son's deteriorating condition in the hours before the birth. The foundation employing the doctors argued that the doctors were immune from suit because of the charity care they provide to indigent patients. The Supreme Court denied charitable immunity to the doctors and found that the doctors operated a business not a charity. For more on this case, view the Richmond Times-Dispatch article by Bill McKelway.

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