Please visit the site at www.tractortraileraccident-attorney.com

Lo was represented by Allen & Allen's Jason W. Konvicka and J. David Douthit.

Lo v. GRTC
Court: Richmond Circuit Court
Attorneys: Jason W. Konvicka and J. David Douthit
Jury Verdict: $8 Million

Summary: Meikiu Lo, a 34-year-old native of Hong Kong and a reference librarian at the State Library of Virginia, was run over by a GRTC bus in a crosswalk near the library in downtown Richmond. She suffered multiple injuries, the most severe of which were fractures to her sacroiliac joint and hip socket.

She had substantial scarring and suffers from chronic pain, depression and post traumatic stress and anxiety disorders. Lo has returned to work although she has difficulty walking long distances, lifting heavy items and using a ladder to retrieve or replace documents.

Source: Virginia Lawyers Weekly. Page 24 VLW 851. January 18, 2010. Page 7.

Injuries Alleged: Permanent elbow injury

Name of case: Tara Moriarty v. James Harrell & Gilco Trucking

Court: Richmond Circuit Court

Tried Before: Jury

Name of Judge: Margaret Spencer

Special Damages: Medical Bills - $8,000; Wage Loss $500

Verdict: $600,000.00

Plaintiff's Attorneys: Trent S. Kerns and Priscilla Woody

The plaintiff was a 34-year-old woman who was traveling on a four-lane highway in Chesterfield County. The defendent, operating a tractor-trailer, changed lanes, and the front of the tractor-trailer struck the left-rear of the plaintiff's car pushing it in front of the tractor-trailer. The tractor-trailer pushed the plaintiff's car sideways down the road.

The plaintiff's arm was resting outside on the edge of her open left window. She was taken to the emergency room complaining of left shoulder, neck and back pain, and given a sling. The left elbow injury was not specifically documented in the medical records for almost seven months. However, the plaintiff testified that she had significant elbow pain and limited range of motion. Plaintiff's doctors opined that her left elbow injury was permanent.

That afternoon before trial the defense admitted liability, but made no offer to resolve the case. The trial started in the late afternoon and finished around 9:30 pm. After an hour-long deliberation, the jury returned a verdict of $600,000.00.

Source: Virginia Lawyers Weekly, Issue January 11, 2010, Page 6, Verdicts & Settlements: Motorist's elbow injured in tractor trailer collision.Page 24 VLW 826.

By Virginia Lawyers Weekly
Published: December 24, 2001

Type of Action — Wrongful Death
Name of Case — Shelton v. Puryear and Slurry Pavers, Inc.
Court / Case No. — City of Richmond Circuit Court / LL-1756-4
Judge or Jury — Jury
Name of Judge — Melvin R. Hughes Jr.
Special Damages — Loss of services and income stipulated at $190,000 and medical and funeral expenses of $19,206.35
Damages Awarded / Settled — Awarded

Amount — $3,209,206.35

Highest Offer — $1.75 million
Lowest Demand — $3.5 million
Insurance Carriers — Harleysville for Puryear; Zurich and AIG for Slurry Pavers

Attorneys for Plaintiff — Trent S. Kerns and P. Christopher Guedri, Richmond

Other Useful Information — On the morning of April 27, 1999, an employee of Slurry Pavers, Inc. was transporting two pallets of bagged cement from the company’s headquarters in Richmond’s West End to its stockpile in Henrico County’s far east end.

The evidence showed that the Slurry employee selected a trailer without a back or rear restraint. Nevertheless, he placed the second pallet at the rear of the trailer, failing to strap the pallet to the trailer or the stacked bags of cement to the pallets themselves. Instead, a single strap was stretched from one side of the trailer to the other such that the strap was in contact with only three bags of cement per pallet. The evidence also showed that the trailer was so low and short that the driver was unable to monitor the status of the load with his mirrors.

While driving east on Interstate 64, the driver lost three bags of cement. After losing the first bag at the viaduct of I-64 and I-95, he noticed, while rounding a curve, that some of the bags had shifted and that a strap was flapping. He pulled to the side of the road, where he restacked and restrapped his load in the same way he had done initially. After reentering the highway, he dropped a second bag of cement while approaching the Mechanicsville Turnpike exit. He lost the third bag as he approached the highway’s Nine Mile Road exit.

The evidence showed that the third bag was struck by an unknown motorist, creating a cloud of dense white dust described by three witnesses as a “white-out.” The decedent’s host driver, while following the motorist, entered the cloud and reduced her speed to about 15 mph.

The tractor-trailer operated by the Puryear Trucking employee three-four seconds behind the vehicle in which the plaintiff was a passenger removed his foot from the accelerator but did not apply his brakes before entering the dust cloud. The tractor-trailer struck the rear of the plaintiff’s vehicle at about 45 mph, pushing it 300 feet down the highway. The plaintiff was taken to MCV, where it was quickly determined that she was brain dead. Her husband and four children gathered at the hospital, said their goodbyes and decided to have life support removed.

As the trial testimony confirmed, the plaintiff was a special woman who clearly touched the lives of all she encountered. By all accounts, she was a fine mother, wife and friend. She was survived by her husband of 35 years and four grown children.

During the trial, Slurry Pavers offered $1.25 million to settle the claim. Puryear Trucking offered an additional $500,000. The plaintiff’s demand as the jury retired to deliberate was $3.5 million.

The jury deliberated for one hour before returning a verdict against Slurry Pavers only. The jury awarded the husband $2 million in general damages plus the stipulated value of the decedent’s loss of services and income ($190,000). The jury awarded each of the four children the sum of $250,000 and awarded the estate $19,206.35 for medical, funeral and burial expenses. The total verdict was thus $3,209,206.35.

This verdict is believed to be the largest wrongful-death verdict in the history of the City of Richmond Circuit Court. It is believed to be the second-largest wrongful-death verdict in the state’s history. Earlier this year, a Buena Vista jury awarded the family of Thelma Lomax the sum of $3,718,358.86.

Source: Virginia Lawyers Weekly

Click here to view the Richmond Times Dispatch story.

If you feel unsafe driving home on New Years Eve 2009, Allen & Allen and Gentleman Taxi are offering Free Cab Rides home in the metro Richmond area.

From 9:00 PM - 5:00 AM New Years Eve

Ask for the Free Ride when you call and Allen & Allen will pick up the tab to get you home safely.

Phone 804-839-8400 or toll free 866-668-8549.

Available in the metro Richmond area.

GRTC fires bus driver in fatality; victim’s family sues for $10 million

By Bill Mckelway
Published: November 26, 2009
Richmond Times Dispatch

GRTC Transit System yesterday announced the firing of the driver in a fatal bus accident less than an hour after the family of the pedestrian killed in the incident filed a $10 million wrongful-death suit.

A company spokesman declined to comment about the suit. News of the firing of 46-year-old Teresa L. Jones came in the form of a four-sentence news release that does not mention her by name.

The suit, filed by the family of Loucendia Reed Lambert, 55, of Disputanta, claims Lambert's death Sept. 30 "was directly . . . caused by carelessness, recklessness and negligence in the operation of the bus." Jones and GRTC are listed as defendants.

The lawsuit, filed by lawyers P. Christopher Guedri and Jason W. Konvicka, seeks $10 million for sorrow and mental anguish, loss of income and reasonable funeral expenses.

Lambert was crossing North 14th Street when the westbound bus made a right turn from East Franklin Street onto 14th. It was not clear whether Lambert was in a crosswalk or was crossing with a green light. She had been a longtime employee of the state Department of Health.

According to GRTC, Jones, who lives in South Richmond, had been on paid administrative leave since the incident and had been a company bus operator since July 2005. Jones is facing a reckless-driving charge in Richmond General District Court.

The filing of the suit comes less than two weeks after a Richmond jury awarded $8 million to a Library of Virginia research librarian who suffered severe injuries when she was struck by a GRTC bus crossing North Eighth Street two years ago. Both suits are being handled by the Richmond-based law firm of Allen, Allen, Allen & Allen.


Contact Bill McKelway at (804) 649-6601 or bmckelway@timesdispatch.com .

Today, after two years of chronic pain, accident victim Ms. Meikiu Lo was awarded $8,000,000 by a jury of her peers against Greater Richmond Transit Company. On September 21, 2007 at 7:30 am Ms. Lo, a 32 year old research librarian with Library of Virginia, was walking to work. The accident took place at 8th and Marshall in downtown Richmond, Virginia where she was only one block from work.

Ms. Lo waited at the side walk at the intersection until she had a pedestrian walk signal. With the walk signal, she proceeded to walk in the cross walk across the street. When she was 2/3 of the way across the street in the cross walk, a GRTC bus made a right hand turn off Marshall Street onto 8th Street and ran over Ms. Lo.

Ms. Lo sustained numerous traumatic injuries to her neck and right shoulder and sustained fractures of her right pelvis and left hip.

She sought legal counsel with the law firm of Allen, Allen, Allen & Allen and was represented by attorneys Jason W. Konvicka and J. David Douthit. Despite undergoing numerous surgeries and extensive rehabilitation Ms. Lo continues to live in chronic, daily pain. Ms. Lo and her attorney sued GRTC for $8,000,000 for her injuries. GRTC admitted liability before trial and the case was tried in front of a jury on November 18, 2009 on the issue of damages only.

On November 18, 2009, plaintiff's counsel requested $8,000,000 and the jury awarded Ms. Lo $8,000,000 after one hour of deliberation.

###

For more information, contact Jason W. Konvicka at 804-698-0324

Click here to view the Richmond Times Dispatch coverage of the story.

Please stop by our office at 3504 Plank Road (Route 3), Fredericksburg, VA the Saturday before Thanksgiving and drop off any coats you have at home that you don't wear or can't use any longer. The Salvation Army will have them cleaned and delivered to families who are in need.

Catherine S. Webb was also recognized as the Virginia Region VII Teacher of the Year 2010. She is a speech language pathologist and a teacher of special education at Narrows Elementary/Middle School in Giles County Public Schools. In addition to teaching, Ms. Webb is the developer and instructor of the Giles County Autism Special Instruction Program. She is a strong community advocate, developing and opening the first licensed day-care and pre-school in her county once she recognized the need. She is a past president of the Junior Women's Club as well as the local PTA. Over the past two years, Mrs. Webb created a countywide program to provide instructional opportunities for students with autism and a web site on autism for the school division. Her commitment to her community, the programs she developed for students with autism and their parents and her skills as a speech pathologist makes this clearly a well-deserved honor.

Allen and Allen is also pleased to recognize the 2010 Virginia Regional Teachers of the Year: Carolyn R. Wilkerson, Marjorie A. Wallace, Susan L. Catlett, Jennifer C. L. Larsen, Jami N. Key, Mark L. Ingerson and Carolyn D. Lewis.

The personal injury law firm of Allen & Allen has been a proud supporter of the Virginia Teacher of the Year program for more than a decade.  "We feel that there is no more important activity than the education of our children and we are pleased to once again represent the state's business community in honoring the excellent teachers in our state" - Clayton Allen.

Mr. Veldhuis will work in Allen & Allen's Fredericksburg office. He was most recently with the law firm of Tremblay & Smith, LLP, where he focused his practice on personal injury, medical malpractice and mental health law. Nathan serves as an adjunct professor and lecturer at the University of Virginia School of Law. He is a 2004 graduate of George Mason University School of Law, received his Masters of Arts in Biomedical Ethics from the University of Virginia and was awarded his Bachelor of Arts from Liberty University.

Before joining Allen & Allen's Richmond office, Ms. Woody served as defense counsel for Nationwide Mutual Insurance Company for 12 years. Prior to her role at Nationwide, she was a personal injury attorney at two Richmond plaintiffs' law firms. Ms. Woody received her J.D. from the University of Virginia School of Law and her Bachelor of Science from Virginia Commonwealth University. Priscilla's varied background gives her a broad perspective and understanding of personal injury law and insurance litigation.

W. Coleman Allen, Jr has been a practicing trial attorney with the personal injury law firm of Allen & Allen for thirty years. He has earned a national reputation as a resourceful, skillful advocate in handling many diverse types of litigation including products liability, aviation, defamation, trucking accidents, wrongful death and class action lawsuits. He is a Past-President of the Southern Trial Lawyers Association as well as the Virginia Trial Lawyers Association, and has been listed in Best Lawyers in America since 1995.

Edward L. Allen - Personal Injury Litigation (Fredericksburg, VA)
George E. Allen, III - Personal Injury Litigation (Richmond, VA)
W. Coleman Allen, Jr. - Personal Injury Litigation (Richmond, VA)
Douglas A. Barry - Personal Injury Litigation (Fredericksburg, VA)
P. Christopher Guedri - Personal Injury Litigation (Richmond, VA)
Jason W. Konvicka - Medical Malpractice Law (Richmond, VA)
Malcolm P. McConnell - Medical Malpractice Law (Richmond, VA)
Matthew B. Murray - Legal Malpractice Law, Medical Malpractice Law, Personal Injury Litigation (Charlottesville, VA)

First published in 1983, Best Lawyers is based on an exhaustive annual peer-review survey. For the 2010 edition, more than 24,120 leading attorneys cast more than 2.8 million votes on the legal abilities of other lawyers in the same and related specialties. Because of the rigorous and transparent methodology used by Best Lawyers, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor.

The personal injury law firm of Allen, Allen, Allen & Allen has been representing Virginians for nearly a century. They have offices located throughout Central Virginia in Richmond, Petersburg, Chesterfield, Mechanicsville, Short Pump, Fredericksburg, Garrisonville and Charlottesville.

Throughout this conflict, your attorneys at The Allen Law Firm have worked hard to correctly inform the public and to continue to champion the old-fashioned value of personal responsibility for everyone, including negligent physicians. Now, a new study proves - yet again - that medical malpractice victims have been unfairly burdened for the benefit of insurance companies and not to help doctors.

Americans for Insurance Reform recently released a new study called True Risk: Medical Liability, Malpractice Insurance and Health Care. It is co-written by actuary J. Robert Hunter, Director of Insurance for the Consumer Federation of America, and former Federal Insurance Administrator and Texas Insurance Commissioner. The full study is available for download by clicking here.

Its major findings are:

• Medical malpractice premiums, inflation-adjusted, are nearly the lowest they have been in over 30 years.

• Medical malpractice claims, inflation-adjusted, are dropping significantly, down 45 percent since 2000.

• Medical malpractice premiums are less than one-half of one percent of the country's overall health care costs; medical malpractice claims are a mere one-fifth of one percent of health care costs. In over 30 years, premiums and claims have never been greater than 1% of our nation's health care costs.

• Medical malpractice insurer profits are higher than the rest of the property casualty industry, which has been remarkably profitable over the last five years.

• The periodic premium spikes that doctors experience, as they did from 2002 until 2005, are not related to claims but to the economic cycle of insurers and to drops in investment income.

• Many states that have resisted enacting severe restrictions on injured patients' legal rights experienced rate changes (i.e., premium increases or decreases for doctors) similar to those states that enacted severe restrictions on patients' rights, i.e., there is no correlation between "tort reform" and insurance rates for doctors.

Virginia Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Research, polling and selection are performed by Law & Politics Magazine, a publication of Key Professional Media, Inc. Law & Politics established the Super Lawyers listings in 1991. Super Lawyers can be found online at superlawyers.com, where the lawyers can be searched by practice area and location.

Mr. George E. Allen, III's significant achievements in the personal injury field include a groundbreaking extension of the Virginia statute of limitations in an asbestos related products liability wrongful death case. Over the years, he has handled numerous wrongful death, medical malpractice, and other catastrophic injury cases. Mr. Allen has an AV rating from Martindale-Hubble and has been listed in Best Lawyers in America since 1987. He is a former president of the Virginia Trial Lawyers Association and a Fellow of the International Academy of Trial Lawyers. He has served on the Board of the American Association for Justice and is a Certified Civil Trial Advocate by the National Board of Trial Advocacy.

Mr. W. Coleman Allen, Jr. has gained a national reputation as an effective advocate who has successfully handled diverse types of litigation including products liability, aviation, wrongful death, traumatic brain injury, and class action lawsuits at both the appellate and trial level. He has served as president for the Southern Trial Lawyers Association and the Virginia Trial Lawyers Association and has been listed in Best Lawyers in America since 1995. In 2008, The Southern Trial Lawyers Association presented Coleman with the Lighthouse Award which is given annually to America's most outstanding lawyer in the field of academics, legal scholarship and advocacy teaching and training.

Mr. Douglas A. Barry currently serves as the president of the Allen Law Firm. Early in his career he served as Assistant Commonwealth's Attorney for the City of Richmond. Thereafter, he served as Special Agent for the FBI until he returned to legal practice as Chief Deputy Commonwealth's Attorney for Hanover County. He then joined Allen & Allen, bringing with him extensive legal experience handling complex automobile, medical malpractice, and products liability cases. Mr. Barry is a former president of the Hanover County Bar Association and currently serves on the National Advisory Board for the Association of Plaintiff Interstate Trucking Lawyers of America. Virginia Lawyers Weekly lists his settlements among the top 25 in 2008.

Mr. P. Christopher Guedri's ability to master complex technical, scientific and medical facts has made him a formidable adversary who delivers exceptional results in the courtroom. His victories include, not just substantial courtroom verdicts, but also outstanding settlements in cases involving truck accidents, product defects, wrongful death, and catastrophic injuries. In 2008 he was elected as a fellow for the International Academy of Trial Lawyers. Mr. Guedri has an AV rating from Martindale-Hubble, has been listed in Best Lawyers in America since 1995 and was listed in the "Legal Elite Best Lawyers" in Virginia Business Magazine in 2005 and 2008.

Mr. Jason W. Konvicka is a member of the Allen & Allen's medical malpractice team. He also represents persons severely injured through the use of defective drugs and medical devices. Jason has achieved impressive verdicts and settlements for clients in wrongful death, traumatic brain injury, and tractor trailer accident cases. Mr. Konvicka is AV rated by Martindale-Hubble and is listed in Best Lawyers in America. He is a Certified Civil Trial Advocate by the National Board of Trial Advocacy and he has successfully argued before the Virginia Supreme Court and the Fourth Circuit Court of Appeals.

Mr. Malcolm P. McConnell leads Allen & Allen's medical malpractice litigation team and is one of Virginia's most respected medical malpractice attorneys. Over the years, he has litigated complex malpractice cases involving almost every medical specialty. Mr. McConnell enjoys an impressive record of success, having won "top ten" verdicts in Virginia in both 2005 and 2006. He is AV rated by Martindale-Hubble is listed in Best Lawyers in America and was noted as a "Top Medical Malpractice Lawyer" by Richmond Magazine. He is a frequent speaker on medical malpractice, insurance risk management and trial advocacy skills.

Mr. Matthew B. Murray is the managing partner of the Charlottesville Branch of Allen & Allen. He has earned a reputation among residents of the Charlottesville area and Shenandoah Valley as a strong advocate for persons seriously injured in vehicular accidents and through medical negligence. His recent $10 million dollar defamation verdict was the largest in Virginia history. Mr. Murray has an AV rating by Martindale-Hubble and has been listed in Best Lawyers in America since 1993. His is a former president of the Charlottesville-Albemarle Bar Association and the Thomas Jefferson Inn of Court and currently serves as a Vice President of the Virginia Trial Lawyers Association.

An independent, non-profit organization, Meals on Wheels of Charlottesville-Albemarle provides hot, nutritious lunchtime meals to local homebound people. Volunteers deliver meals five days a week, fifty-two weeks a year to the city of Charlottesville, the urban ring of Albemarle, portions of Western Albemarle and portions of Southern Albemarle. The staff of the Allen & Allen Charlottesville branch will volunteer on a monthly basis delivering hot meals to those in need.

The personal injury law firm of Allen & Allen was founded in 1910. In 2008 the firm opened its Charlottesville branch headed by attorney Matthew B. Murray. Mr. Murray's family has been involved in volunteering for the Meals on Wheels organization for over 15 years.

The following excerpt is taken from:

Medical Negligence: A Primer for the Nation's Health Care Debate By the American Association for Justice

To read the full report, click here to download the report.

Executive Summary:

The Health Care Debate

Reforming the country's health care system will be a major agenda item for the new Congress and administration. A large part of the debate will focus on the cost of health care and the driving factors behind it. In the past there has been much focus on restricting patients' rights to hold negligent medical providers accountable, but little focus on reducing and eliminating preventable medical errors. This is partly due to the exploration of the medical negligence "crisis" by interest groups with agendas to push. A large body of research prompted by the crisis now indicates that may of the common perceptions about medical negligence are more than myths. This report analyzes the most recent empirical work on medical negligence in an attempt to come to a better understanding of the true challenges facing the country.

Preventable Medical Errors - The Sixth Biggest Killer in America

Preventable medical errors kill and seriously injure hundreds of thousands of Americans every year. If the Centers for Disease Control were to include preventable medical errors as a category, it would be the sixth leading cause of death in America. Yet, despite this, much of the medical negligence policy debate has revolved around indirect factors, such as doctors' insurance premiums. Any discussion of medical negligence that does not involve preventable medical errors ignores the fundamental problem. Preventing medical errors will dramatically lower health care costs, reduce doctors' insurance premiums, and protect the health and well-being of patients.

An Epidemic of Negligence, Not Negligence Lawsuits

Despite the shocking number of medical errors, few injured patients ever file a medical negligence lawsuit, and fewer still file frivolous claims. Research shows almost all medical negligence claims are meritorious. Claims where there was no error are rarely paid and researchers have concluded the reverse - errors which are never compensated - is a far bigger problem. The reality is, as University of Pennsylvania law professor Tom Baker puts it, "We have an epidemic of medical malpractice, not of malpractice lawsuits."

Patients Want Accountability, Not Jackpots

Far from looking for a jackpot, research shows that patients file claims because they are seeking accountability. Too often patients injured by preventable medical errors are left in the dark about what happened to them: 70 percent of patients who experienced medical errors are not told by their doctors. Nearly one half of the nation's doctors admit not reporting incompetence or medical errors. On the other hand, hospitals and health systems that have embraced full disclosure of medical errors to patients have found that the number of medical negligence claims and their related costs declines.

Better Patient Safety Is the Key to Lower Health Care Costs

The rising cost of health care just intensifies the need to focus on preventable medical errors and their huge associated costs. The savings from preventable medical errors run into billions of dollars. The savings from restricting patients' access to justice, however, are negligible. Medical negligence costs amount to less than two percent of health care spending, and government economists estimate restricting all patients' restitution would only lower health care costs by 0.5 percent or less. Preventative reforms that focus more on the medical industry rather than the legal system are a key part of any effort to making health care more affordable and accessible.

Medical Negligence "Reform" Just Fills Insurance Company Coffers

Limiting patients' rights does nothing but fill the coffers of malpractice insurance companies. A large body of research has shown that the claims have remained stable for decades, while insurance companies have drastically raised physician premiums to build huge surpluses. State which have enacted caps on damages have seen hospitals and malpractice insurance companies make tens of millions but not cut the prices they charge patients and health insurers. Meanwhile the cost of health care continues to rise at near-record levels.

Doctors Are Not Fleeing

The most frequently echoed myth concerning medical negligence is the notion that doctors are fleeing states and retiring early, creating physician shortages. Anecdotal accounts of doctors fleeing states in response to increased insurance premiums have proved to be either unrepresentative isolated events, or flat out false. In fact, data from the American Medical Association (AMA) shows that physician numbers have been increasing across the board for many years. Not only are there record number of physicians in the U.S., the increase has also significantly outpaced population growth. There are now twice as many physicians per 100,000 population as there were with the AMA began tracking figures in the 1960s.

The number of physicians per 100,000 population is significantly higher in states without caps. This fact is supported by a large body of research that has found physician supply is not connected to insurance premiums. Researchers at the National Bureau of Economic Research (NBER) concluded, "The arguments that state tort reforms will avert local physician shortages or lead to greater efficiencies in care are not supported by our findings."

The Civil Justice System Makes Us Safer

Every profession has its bad apples and physicians are no exception. Just six percent of doctors are responsible for nearly 60 percent of all medical negligence, and the civil justice system is the only effective means for holding them accountable. Other disciplinary mechanisms are woefully inadequate. State medical boards, for instance, are supposed to discipline doctors who consistently violate standards of care. Yet two-thirds of doctors who make 10 or more medical negligence payments are never disciplined at all. Hospitals are on the front lines of patient safety, yet nearly half of all U.S. hospitals have never reported a disciplinary action against one of their doctors since the National Practitioner Databank was created in 1990. Alternative compensation systems, such as health courts, propose eliminating or greatly sidelining disciplinary systems altogether.

The civil justice system holds doctors, hospitals and insurance companies accountable. It is this accountability that drives the development of patient safety systems that help prevent negligence before it occurs. Hospitals, health systems and even entire medical fields have reformed dangerous practices because of the civil justice system. Without accountability the civil justice system enforces, patient safety will suffer and health care costs will go up for everyone."

Source: "Medical Negligence - A Primer for the Nation's Health Care Debate." American Association for Justice; http://www.justice.org/cps/rde/xchg/justice/hs.xsl/2031.htm

Click here to view the video.

Local Docs Weigh in on Medical Malpractice

Source: http://www.wtvr.com/global/story.asp?s=10544547

As President Obama charges forward with his plan to overhaul the nation's health care system, he's making sure not to alienate any potential opponents in the process.

In his Monday address to the American Medical Association, Obama suggested reforming the system of medical malpractice recovery.
It's an olive branch that could play well in the medical community.

"It challenges your professional integrity," lamented Bons Secours Cardiac Surgeon Mark Bladergroen, a doctor who has been sued twice, unsuccessfully, for medical malpractice.

"No physician wants to do the wrong thing. All of us hope for the best possible outcome." Bladergroen added that despite his trying experiences with patient lawsuits, he hasn't changed his approach to practicing medicine.

The concern in the Obama administration, however, is that all too often doctors alter their behavior, and their methods of testing patients, to avoid exposure to the legal system.

To remedy that problem, the president has brought up the notion of "tort reform."

"Tort reform has been a code word for taking the rights away from ordinary U.S. citizens, and victims of malpractice," noted Malcolm McConnell, a veteran personal injury attorney for Allen, Allen, Allen and Allen.

McConnell has represented doctors and patients over the course of his career, and says the very notion of 'defensive medicine'- that doctors call for expensive and unneccesary tests on a patient because they're worried about getting sued- is completely unfounded.

"I cannot imagine a real world situation where any doctor of good conscience is going to perform unnecessary tests," exclaimed McConnell.

On the other hand, Bladergroen says his many years on the job have offered him a different picture.

"I can affirm that sometimes, because of the concern of legal action, [physicians] can overdo it," remarked Bladergroen. "Overuse of medical care, I think, can be driven by the threat of a lawsuit."

In Virginia, all medical malpractice recoveries are capped at $2 million. President Obama says he has no interest in creating a federal cap.

The Legal Food Frenzy in Central Virginia exceeded last year's contributions by over 28%, raising 836,221 pounds of food, and contributed over 50% of the total pounds for the entire state which was a staggering 1,652,732 pounds! The Central Virginia Food Bank was founded in 1980 to procure and distribute food efficiently and effectively to feeding programs throughout the area. Since then, their service area has grown to include 31 counties and five cities in the Central Virginia region. They currently distribute food through a network of more than 500 network partner agencies, which includes more than 130 child care providers serving needy children. Additionally the Central Virginia Food Bank serves as many as 4,000 daily meals in the summer and 2,000 daily meals during the school year to needy children.

To date, the FDA has received at least 23 reports of adverse liver effects in users of Hydroxycut products including jaundice, elevated liver enzymes, liver damage, and liver transplants. One 19 year old user died as a result of liver damage. The FDA has also identified other non-liver related events that might be linked to the ingredients in Hydroxycut. These include cases of seizures, rhabdomyolysis (a type of muscle damage that can lead to other serious health problems such as kidney failure), and heart-related disorders ranging from palpitations to heart attacks.
Hydroxycut products are marketed as dietary supplements. Because Hydroxycut products are not classified as drugs, they do not require FDA testing and approval before they are produced and sold to the public. They are also not monitored as closely as prescription medications after they are introduced to the marketplace.

Hydroxycut is manufactured by Ontario, Canada based, Iovate Health Sciences, Inc., and is distributed under the Iovate and Muscletech brand names. It is sold primarily through pharmacies and grocery stores. 9 million packages of Hydroxycut products were reportedly sold during 2008 alone.

The list of products being recalled by Iovate currently includes:

HYDROXYCUT RAPID RELEASE REGULAR CAPLETS

• 631656893649 Hydroxycut 140ct Cap US
• 631656833621 Hydroxycut 60 GNC US
• 631656600988 Hydroxycut 300ct Caplets US
• 631656890129 Hydroxycut 36ct Cap US "with CARDS"
• 631656282245 Hydroxycut 160ct Cap US *Discontinued*
• 631656873214 Hydroxycut 58ct Cap US
• 631656813418 Hydroxycut 70ct Cap US
• 631656808612 Hydroxycut 70ct Caps US *Discontinued*
• 631656808117 Hydroxycut 100 cap US *Discontinued*
• 631656818642 Hydroxycut 140ct Cap US *Discontinued*
• 631656882414 Hydroxycut 80ct Caps US *Discontinued*
• 631656843262 Hydroxycut 210ct Cap US
• 631656828665 Hydroxycut 210 cap US *Discontinued*
• 631656600582 Hydroxycut 60ct + 1 Hydroxycut Sachet WB US
• 631656600476 Hydroxycut 72ct + Hydroxycut Sachet WB US
• 631656600483 Hydroxycut 100ct Caplets US
• 631656600506 Hydroxycut 150ct Caplets US
• 631656601251 Hydroxycut 170 Caplets US
• 631656600452 Hydroxycut 30ct Caplets US

HYDROXYCUT HARDCORE LIQUID CAPSULES

• 631656600650 Hydroxycut Hardcore 120ct US
• 631656600834 Hydroxycut Hardcore 210ct US
• 631656001778 Hydroxycut Hardcore 30ct US
• 631656601435 Hydroxycut Hardcore 252ct US
• 631656601848 Hydroxycut Hardcore 30ct US Trial - Bodybuilding.com
• 631656601749 Hydroxycut Hardcore 120ct US NEW
• 631656601763 Hydroxycut Hardcore 252ct US
• 631656601756 Hydroxycut Hardcore 210ct US NEW

HYDROXYCUT CAFFEINE-FREE CAPLETS

• 631656801224 Hydroxycut Caffeine Free 140ct Cap US
• 631656821246 Hydroxycut Caffeine Free 330ct Cap US
• 631656801217 Hydroxycut Caffeine Free 100ct Cap US
• 631656801231 Hydroxycut Caffeine Free 58ct Cap US
• 631656899122 Hydroxycut Caffeine Free 36ct Cap US
• 631656600544 Hydroxycut Caffeine Free 60ct US
• 631656600551 Hydroxycut Caffeine Free 72ct US
• 631656600568 Hydroxycut Caffeine Free 100ct US

HYDROXYCUT MAX CAPLETS

• 631656601466 Hydroxycut Max 120ct bonus + 1Hyd Max Sachet WB US
• 631656601633 Hydroxycut Max 210ct Bonus + 1 Hyd Max Sachet WB US

HYDROXYCUT REGULAR DRINK PACKET

• 631656860191 Hydroxycut Weight Loss Drink Mix 21pk Sachet - Wild Berry US
• 631656860313 Hydroxycut Weight Loss Drink Mix 21pk Sachet - Country Lemonade US

HYDROXYCUT HARDCORE DRINK PACKET (IGNITION STIX)

• 631656701326 Hydroxycut Hardcore Drink Mix 2.7g Sachet - Blue Raspberry US
• 631656701319 Hydroxycut Hardcore Drink Mix 2.6g Sachet - Fruit Punch US
• 631656760118 Hydroxycut Hardcore Drink Mix 40pk x 2g Sachet - Fruit Punch US
• 631656760125 Hydroxycut Hardcore Drink Mix 40pk x 2g Sachet - Blue Raspberry US

HYDROXYCUT CAFFEINE-FREE DRINK PACKET

• 631656760095 Hydroxycut Caffeine Free Drink Mix 21pk x 3.6g Sachet - Raspberry Ice US

HYDROXYCUT MAX DRINK PACKET

• 631656860375 Hydroxycut Max Drink Mix 40pk x 2.4g Sachet - Wild Berry US
• 631656860382 Hydroxycut Max Drink Mix 40pk x 2.7g Sachet - Lemonade US

HYDROXYCUT LIQUID SHOT

• 631656800159 Hydroxycut Weight Loss Single Shot 2oz - Wild Berry US
• 631656860207 Hydroxycut Weight Loss Shot 2 x 2oz Pk - Wild Berry US
• 631656860498 Hydroxycut Instant Weight Loss Shot 12 x 2oz - Wild berry US

HYDROXYCUT MAX AQUA SHED

• 631656601855 Hydroxycut Max Aqua Shed 60ct Capsules US

HYDROXYCUT HARDCORE RTD

• 631656860436 Hydroxycut Hardcore 4 x8oz RTD - Grape Infusion US
• 631656860399 Hydroxycut Hardcore 4 x 8oz RTD - Triple WildBerry US
• 631656860665 Hydroxycut Hardcore 12-pack RTD - Grape Infusion US
• 631656860467 Hydroxycut Hardcore 3 x 4-pack RTD - Grape Infusion US
• 631656860443 Hydroxycut Hardcore 3 x 4-pack RTD - Triple Wildberry US
• 631656860443 Hydroxycut Hardcore 3 x 4-pack RTD - Triple Wildberry US
• 631656860568 Hydroxycut Hardcore 12-pack RTD - Triple Wildberry US

HYDROXYCUT 24

• 631656600933 Hydroxycut 24 (96 caps/ blister pack) US

HYDROXYCUT CARB CONTROL

• 631656800036 Hydroxycut Carb Control 58ct Cap US
• 631656800029 Hydroxycut Carb Control 100ct Cap US
• 631656800012 Hydroxycut Carb Control 140ct Cap US

HYDROXYCUT NATURAL

• 631656600889 Hydroxycut Natural 100ct US

On May 7, 2009, the following Hydroxycut products were added to the recall list:

• 631656800265 Hydroxycut Hardcore 8 fl. oz. Grape Explosion
• 631656800210 Hydroxycut Hardcore 8 fl. oz. Triple Wildberry
• 631656001501 Hydroxycut 280ct-3 Pak Kit *Discontinued*
• 631656001563 Hydroxycut 280ct-6 Pak Kit *Discontinued*
• 631656000658 Hydroxycut 100ct-6 month supply (7 bottles+ 4 free) Kit
• 631656600896 Hydroxycut 2x60ct Club Pack US Kit
• 631656000672 Hydroxycut 100ct-1 month supply (1 bottle+1 free) Kit *Discontinued*
• 631656874693 Hydroxycut 58 cap 12-pack Target US Kit *Discontinued*
• 631656000665 Hydroxycut 100ct-3 month supply (4 bottles+2 free) Kit *Discontinued*
• 631656002362 Hydroxycut Sachet Twin Pack US Kit
• 631656860498 Hydroxycut Instant Weight Loss Shot 12 x 2oz - Wild berry US Kit
• 631656660623 Hydroxycut Hardcore Shredded Stack Kit120ct
• 631656500585 Hydroxycut 60 Rapid Release Caplets

Symptoms of liver failure include jaundice (yellowing of the skin and eyes), brown urine, nausea, vomiting, light colored stools, excessive or unusual fatigue, weakness, stomach pain, itching, and loss of appetite.

The public is advised to promptly consult a physician or other health care provider if they experience symptoms potentially associated with these products. In addition, if you have been taking one or more Hydroxycut products and have been diagnosed by your doctor with liver damage, you may have a valid legal claim. The attorneys at Allen, Allen, Allen & Allen have experience representing people injured by dangerous products and are available to discuss your potential case.

At a dinner honoring the scholarship winners, Douglas A. Barry, President of the Allen Law Firm remarked, "We sit in wonder at the accomplishments of these young adults and the obstacles they have overcome. It is such a rewarding experience to be able to help these fine individuals accomplish their dreams." Mr. Barry encouraged the scholarship recipients to thank those who helped them achieve their goals and challenged them to give back to others in the future.

Congratulations to:

• Thomas Allen of Chesterfield, Virginia - Manchester High School
• Abigail Anderson of Smithfield, Virginia - Smithfield High School
• Sheena Brown of Glen Allen, Virginia - Hermitage High School
• Timothy Colclough of Mathews, Virginia - Mathews High School
• Emily Dutton of Fredericksburg, Virginia - Massaponax High School
• Mariah Elliott of Rockville, Virginia - Patrick Henry High School
• Crystal French of Williamsburg, Virginia - Bruton High School
• Tiffany Hare of Spotsylvania, Virginia - Spotsylvania High School
• Melody Huff of Brodnax, Virginia - Brunswick High School
• Brittany Nassef of Amherst, Virginia - Amherst County High School
• Autumn Parsons of Lynchburg, Virginia - E.C. Glass High School
• Chandler Pascale of Fredericksburg, Virginia - Chancellor High School
• Joseph Ragland of Richmond, Virginia - Mills E. Godwin High School
• Jamison Ryder of Aroda, Virginia - Madison County High School
• Alexander Smith of Ashland, Virginia - Patrick Henry High School

The Allen Law Firm Scholarship Program was established in 1991 to honor the Firm's founder, George E. Allen, Sr., who overcame significant hardship to put himself through college and law school. He went on to become one of the Commonwealth's top trial attorneys and established one of the premier personal injury law firms in the state.

Click here for more information about the Allen Law Firm Scholarship and how to apply next year.

###

For more information regarding this topic please contact Doug Barry.
Douglas A. Barry, President
P: 804-257-7534

Allen and Allen attorneys are experienced in handling cases involving patient exposure to deadly viruses, bacteria and catastrophic illnesses caused by negligent medical care. We have been successful in representing patients who have contracted a life threatening virus or illness due to the negligence of others. If you or a loved one have been treated by a VA Hospital for an endoscopic procedure and have tested positive for HIV, hepatitis B or hepatitis C, please call us today for a free consultation at 866-388-6313.

For additional details on the story, the following is an excerpt from FoxNews.com:

"The VA earlier this year warned more than 10,000 veterans to get blood tests because they could have been exposed to contamination while getting colonoscopies in Murfreesboro, Tenn., and Miami.

The endoscopic equipment in question was also used at an ear, nose and throat facility in Augusta, Ga. All three sites failed to properly sterilize the equipment between treatments.

The VA has said it does not yet know if veterans who were treated with the same kind of equipment at its other 150 hospitals may have been exposed to the same mistake before the department had a nationwide safety training campaign. An agency spokeswoman has said the VA is certain the mistake with the equipment was corrected nationwide by March 14.

The problems dated back for more than five years at the Murfreesboro and Miami hospitals.

So far, less than a third — 3,174 — have been notified of their test results. The agency also is trying to locate patients whose warning letters were returned.

The statement Friday did not say where the patient who tested positive for HIV was treated, and the agency did not return telephone and e-mail messages Monday.

In all, at least five veterans have tested positive for hepatitis B and 11 for hepatitis C, which is potentially life-threatening.

No infections have been reported from Miami.

All three sites used endoscopic equipment made by Olympus American Inc., which said in a statement it is helping the VA address problems with 'inadvertently neglecting to appropriately reprocess a specific auxiliary water tube.'

The problem put patients at risk of being exposed to other patients' body fluids."

_{Source: April 07, 2009; http://www.foxnews.com/story/0,2933,512963,00.html; "VA Medical Center Patient Tests Positive for HIV After Exposure to Unsterilized Equipment,Thousands Told to Get Tested." Associated Press.}

The other elected officers are:

• Sandra M. Rohrstaff – President
• Lisa P. O’Donnell – Vice President
• Barbara S. Williams – Vice President
• Thomas J. Curcio – Vice President
• John E. Litchtenstein – Treasurer
• Stephanie E. Grana – Parlimentarian
• Andrew M. Sacks – Past President

The Richmond Free Press highlighted the Virginia Trial Lawyers Association (VTLA) honoring of Senator Henry L. Marsh III. At the VTLA’s 50th Annual Convention in Williamsburg, VA on March 14th, VTLA president and Allen & Allen attorney W. Coleman Allen, Jr. presented Senator Marsh with the 2009 Distinguished Service Award.

The award honors Senator Marsh’s extraordinary career in leadership and public service, as well as his commitment to further the cause of justice to improve the lives of Virginians. Senator Marsh practiced civil rights law for 50 years and served as the first black mayor of Richmond and state senator.

Source: "Trial Lawyers honor Marsh." Richmond Free Press. 2-4 April 2009: B5

Published: February 19, 2009

Today our client Ms. Vicki Iseman settled the defamation action that we filed on her behalf against The New York Times, and a number of its editors and reporters, resulting from an article published by the Times on February 21, 2008.

The suit alleged that the published article communicated by carefully drawn implication that Ms. Iseman and Senator John McCain had an illicit romantic relationship in 1999. Senator McCain was at that time Chairman of the United States Senate Committee on Commerce, Science, and Transportation, and Ms. Iseman was representing clients as a lobbyist on matters relating to the business of the Committee. The suit further alleged that the article also communicated by implication that Ms. Iseman had unethically capitalized on the implied illicit relationship to obtain favorable action by Senator McCain on behalf of clients she represented.

When originally published in the midst of a hard fought presidential campaign, the article triggered an avalanche of criticism from readers, public commentators, and even The New York Times' Public Editor. This case is now ended, on the basis of an agreed settlement that includes a Note to Readers, a Joint Statement, the publication of this Commentary, as well as the accompanying response on behalf of The New York Times. As the two lawyers who represented Ms. Iseman in this matter, we offer these thoughts in the spirit of prompting meaningful debate concerning the vital importance of drawing the proper balance between the need for free and open public disclosure and the privacy rights of individuals.

As her attorneys, we came to know Ms. Iseman as a strong, hard-working, diligent and effective professional, held in high esteem by others in her field. We also witnessed, first-hand, the tremendous harm that was caused by an article that we believe cut to the heart of our client's personal as well as public identity.

Defamation suits such as this serve three essential purposes: to redress the injury to reputation and human dignity, to demarcate the line between public and private life, and to advance the integrity of the public record and the quality of political discourse.

Words have extraordinary power to wreak havoc on the life of a human being. Shakespeare, writing in Othello that "Good name in man and woman, dear my lord, Is the immediate jewel of their souls" marked this essential link between our reputation and our humanity. United States Supreme Court Justice Potter Stewart, writing centuries later, asserted this same fundamental truth when he wrote that the individual's right to protection of his or her good name "reflects no more than our basic concept of the essential dignity and worth of every human being-a concept at the root of any decent system of ordered liberty."

In a manner perhaps unique in the history of nations, we as Americans have embraced cherished First Amendment principles to strike a delicate balance between the need to protect freedom of speech and the need to protect individual worth, dignity and humanity. These principles trace a proud legacy that includes The New York Times itself, in the landmark 1964 decision New York Times v. Sullivan, wherein the United States Supreme Court justly proclaimed our "profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials."

Ms. Iseman, however, is not a government or public official, and in our view, not even a public figure. Had this case proceeded to trial, the judicial determination of whether she is entitled to the protections afforded a private citizen would have been the subject of a ferocious, pivotal battle, with Ms. Iseman insisting on her status as a private person and The New York Times asserting that she had entered the public arena, and was therefore fair game. That judicial contest has now been concluded in this instance, but the issue deserves ongoing scrutiny, certainly in our schools of law and journalism, but also in the arena of public debate.

Indeed, the essential quality of our public discourse, even the very character of our national culture, will be heavily influenced by why, where, and how we draw this line. The rules of engagement ought not be the same for public figures and private persons. To disregard this important distinction, or to draw the line of demarcation in the wrong place, will degrade our political discourse, and diminish both the dignity of individuals whose private lives are reported upon, as well as the dignity of the journalists and news organizations who report upon them. It does not lessen the harm done in the life of a private individual, merely because that harm is viewed as collateral damage in an article whose focus is a public official.

We accept that there are circumstances wherein it is appropriate to probe into the private lives of individuals, because private matters can in some instances bear a palpable nexus to matters of public concern. With the settlement of this case, it will now be for others to carry on the debate as to whether that nexus was properly established in the article that prompted this litigation. We believe passionately, however, in this basic proposition: To abandon, in law or in social convention, the division between public and private life, does not serve to advance the free exchange of ideas, but does coarsen our culture, cheapen our public discourse, and diminish our respect for human dignity.

To their credit, the parties have settled the present case through negotiation, a rational process that has led to a civilized resolution. It is our hope that this resolution will now help to spur a civilized national debate.

Rodney A. Smolla is an attorney, and Dean of the Washington and Lee University School of Law. W. Coleman Allen, Jr. is a trial lawyer with Allen, Allen, Allen, and Allen, based in Richmond, Virginia.

Source: http://www.nytimes.com/2009/02/20/business/media/20lawyers.html?_r=1

Virginia Lawyers Weekly
By Paul Fletcher and Alan Cooper
February 23, 2009

Vicki Iseman, the Washington lobbyist who filed a $27 million defamation lawsuit against the New York Times for publishing an article linking her to Sen. John McCain, has settled her claim against the newspaper.

No money changed hands in the settlement, which was reached in exchange for what her attorneys, W. Coleman Allen Jr. and Rodney A. Smolla, called "an unequivocal retraction" of the allegation that she and McCain were romantically involved.

The suit was voluntarily dismissed in federal court in Richmond this afternoon, a day before a response was due from the defendants, which included the newspaper and six individuals who worked at the Times.

The Times agreed to publish a "Note to Readers" on its Web site that will be printed in tomorrow's edition. Further, the Note will be embedded in the electronic archive of the article.

"In the modern Internet age, that is about as effective a correction as you'll get," Smolla said.

The "Note to Readers" says, "An article published on February 21, 2008, about Sen. John McCain and his record as an ethics reformer who was at times blind to potential conflicts interest included references to Vicki Iseman, a Washington lobbyist. The article did not state, and The Times did not intend to conclude, that Ms. Iseman was engaged in a romantic affair with Sen. McCain or an unethical relationship on behalf of her clients breach of the public trust."

The parties also issued a joint statement drafted by attorneys for the Times and Iseman and a commentary written by Allen and Smolla that also will be published in tomorrow's Times.

The joint statement summarizes the lawsuit and its contention that "the article implied that Ms. Iseman had unethically capitalized on that relationship to obtain favorable outcomes on behalf of the clients she represented. Ms. Iseman's lawsuit echoes criticism of the February 21 article by some readers, public commentators, and the Times's Public Editor."

The statement also contains the Times's contention that "the article was an accurate, important examination of the record of Mr. McCain, then the presumptive Republican presidential nominee, as an ethics reformer who was at times blind to potential conflicts of interest."

References to Iseman "focused on the fact that some top McCain advisers had confronted the senator with their concerns that the relationship had become romantic," according to the statement, which says, "Several of Ms. Iseman's clients and others state that she is respected, professional and effective in representing her clients' interests."

The commentary by Allen and Smolla is an exploration of the "significant public debate concerning the privacy of people swept up in public matters," according to the statement.

Disregarding the distinction between public figures and private persons, "or to draw the line of demarcation in the wrong place, will degrade our political discourse, and diminish both the dignity of the individuals whose private lives are reported upon, as well as the dignity of the journalists and new organizations who report upon them," the article says.

"It does not lessen the harm done in the life of a private individual, merely because that harm is viewed as collateral damage in an article whose focus is a public official."

Allen noted simply that the essay is about "why this matters."

Times Executive Editor Bill Keller, one of the six individual defendants, issued a separate statement of his own that was published on the Times's site.

He noted that the case did not proceed. "It was settled without money changing hands, and without The Times backing away from the story," Keller said.

He added that the Times shares "with Ms. Iseman's lawyers a concern that journalists be sensitive to zones of privacy. Public figures should not be required to live every aspect of their lives in a fishbowl. The editors and reporters of The Times are mindful of the damage that can be done by overly invasive journalism or sensationalism. We feel an ethical obligation to avoid those kinds of journalistic malpractice, and we believe we did avoid them in this case."

Iseman, who continues to work as a Washington lobbyist from a firm based in Arlington, "is of course very pleased," Allen said.

The lawyers also expressed satisfaction with the result, noting the plaintiff's team was able "to accomplish what we set out to do."

Smolla said, "Libel suits are about vindication of reputation and correction of the public record." This settlement "accomplished both those goals," he added.

The lawyers acknowledged that the settlement between Iseman and the defendants may not represent "the typical manner in which these cases are resolved." In this case, Allen said, "The system worked."

© Copyright 2009, by Virginia Lawyers Media, all rights reserved

Source: http://www.valawyersweekly.com/weeklyedition/2009/02/23/breaking-news-lobbyist-nyt-settle-27m-lawsuit/

#3 (tie) $5 Million

Attorney P. Christopher Guedri

SevereBurns from a Traffic Crash

Summary: Plaintiff's car was one of at least four vehicles hit by a tractor-trailer that went out of control near the Chamberlayne Avenue exit of Interstate 95. The tractor's fuel tank separated, exploded and set plaintiff's vehicle on fire.

A retired 49-year-old veteran, plantiff suffered burns over 40 percent of his body and had to undergo extensive skin grafts and physical and occupational therapy. His medical bills totaled more than $670,000 and he has permanent scarring and faces additional surgery. The case settled after mediation.

© Copyright 2009, by Virginia Lawyers Media, all rights reserved. Source: http://www.valawyersweekly.com/specialfeatures/2009/01/26/3-tie-5-million-3/

#9 (tie) $2.5 Million

Attorneys P. Christopher Guedri and Douglas A. Barry

Kurek v. East Coast Truck Lines

Wrongful Death, Traffic Accident

The 74-year-old plaintiff was crushed against his pickup truck by a tractor-trailer at a truck-scale bypass lane in Prince William County. Plaintiff had pulled the truck, which was towing a trailer, onto the asphalt shoulder next to the lane and stepped out of the vehicle just before the tractor-trailer approached.

© Copyright 2009, by Virginia Lawyers Media, all rights reserved. Source: http://www.valawyersweekly.com/specialfeatures/2009/01/26/9-tie-25-million/

#12 $2.4 Million

Attorneys Paul D. Hux, P. Christopher Guedri and Douglas A. Barry

Allen v. City of Petersburg

Wrongful Death, Traffic Accident Involving a Police Car

A couple in their 70s were killed when a police cruiser driving 65 mph in a 35 mph zone without lights or siren struck their vehicle at an intersection in Petersburg. The officer testified that he was speeding to the aid of another officer who had been dispatched to an apartment complex with a high crime rate.

Before the case was settled through mediation, the trial judge had ruled that the policeman and the city were protected by the doctrine of sovereign immunity, so that the decedents' estate would have to prove gross negligence to prevail at trial.

© Copyright 2009, by Virginia Lawyers Media, all rights reserved. Source: http://www.valawyersweekly.com/specialfeatures/2009/01/28/12-24-million/

#25 $1.35 Million

Attorney George E. Allen, III

Fractured Hip in a Traffic Accident Involving a School Bus

A school bus driven by a garage employee turned left in front of the 21-year-old plaintiff's small car. Plaintiff suffered a comminuted, displaced fracture of the right hip, a fracture dislocation of the left great toe and a deep laceration of his forehead.

Plaintiff developed traumatic arthritis and aseptic necrosis of the hip joint and probably will have to have several hip replacement surgeries over his lifespan. He will have a 37 percent impairment of his right leg and will be restricted to sedentary employment.

He had $59,552 in medical expenses and likely will incur an additional $158,000 in medical costs in the future.

© Copyright 2009, by Virginia Lawyers Media, all rights reserved. Source: http://www.valawyersweekly.com/specialfeatures/2009/01/28/25-tie-135-million-2/

Also recognized was a top Personal Injury Settlement of 2007:

$1.45 Million

Attorney Douglas A. Barry

Wrongful Death, Traffic Crash

Plaintiff's decedent, Ashley Myers, an 18-year-old high school senior, was killed instantly when the vehicle in which she was a passenger was rear-ended by a tractor trailer on Interstate 66 in the early morning hours of Jan. 28, 2007. Because Ms. Myers and the driver were both killed in the accident, as was the operator of an automobile that had apparently stopped immediately behind them, not all the circumstances surrounding the accident were clear.

In response to questions asked by an investigating state trooper, the defendant operator of the tractor trailer, which was owned by M. Pittman Enterprises LC, indicated he was not aware he had hit two vehicles. Evidence at the accident site suggested the vehicle in which Ms. Myers was a passenger might have stopped in the right travel lane of Interstate 66 because of mechanical problems. The driver of the automobile behind them might have stopped to render assistance. There was evidence that the rear tail lights, including hazard lights, had been activated and were working on the two automobiles at the time of the collision.

There was $5,000,000 total liability insurance coverage on the tractor trailer. There were no claims of economic damages, beyond funeral bills, for plaintiff's decedent and her deceased teenage driver. However, the driver of the second automobile involved in the accident left a widow who had significant economic damages in the form of a lost income claim. The plaintiffs first participated in a mediation at which they agreed how the $5,000,000 in coverage would be divided among them in the event the defendants and their insurance carrier offered the entire amount of the coverage or a jury rendered jury verdicts in the amount of the coverage.

Subsequently, $4,850,000 in coverage was offered and accepted, and the case settled in accordance with the split of proceeds previously decided upon during mediation.

© Copyright 2009, by Virginia Lawyers Media, all rights reserved. By Virginia Lawyers Weekly Staff , January 28, 2008. Source: http://www.valawyersweekly.com/archive.cfm?recid=427339&CFID=6749526&CFTOKEN=61110418

Almost 20 years ago, Allen & Allen opened its first Chesterfield branch on Route 360 near Courthouse Road in Rockwood Park. Since then, Allen & Allen attorneys and their experienced staff have handled over one thousand personal injury cases for residents of South Richmond and Chesterfield. As the years have passed, Chesterfield has become one of the fastest growing counties in the United States, and Metropolitan Richmond has also expanded into nearby Powhatan and Amelia Counties. To better serve the residents of this developing region in the 288 corridor and beyond, Allen & Allen has relocated to a new office near Swift Creek on Hull Street Road. The Rockwood Park branch is now closed.

Trent S. Kerns, one of the firm’s senior attorneys who has litigated personal injury cases for more than 23 years, will continue to serve as Managing Partner in the Chesterfield office. He and his skilled legal assistants look forward to welcoming both old and new clients to Allen & Allen’s new location.

Virginia Lawyers Weekly
By Paul Fletcher and Alan Cooper
December 30, 2008

Lawyers for Washington lobbyist Vicki L. Iseman have filed a $27 million defamation lawsuit against The New York Times for a February article about Iseman and her relationship with Sen. John McCain.

The suit, filed Dec. 30 in U.S. District Court in Richmond, also names as defendants the executive editor of the Times, its Washington bureau chief and four reporters who wrote the story. The suit alleges the article falsely communicated that Iseman and McCain had an illicit "romantic" relationship in 1999 when he was chair of the Senate Commerce Committee and she was a lobbyist representing clients before Congress.

Richmond lawyer W. Coleman Allen Jr. and Rodney A. Smolla, dean of the Washington & Lee law school and a First Amendment scholar, represent Iseman.

The 36-page complaint parses the nuances of the story, which Allen said in an interview is "very cleverly constructed." The piece "could be interpreted as implying an unprofessional relationship" between Iseman and McCain, he said.

Both Iseman and McCain denied any improper relationship, a fact that was duly reported in the Times piece.

But political observers and the public did in fact perceive the story as being about an affair, Smolla said. That fact provides a significant basis for the defamation claim, Smolla noted. The complaint cites the post-story remarks of 10 different commentators across the political spectrum; in each case, their comments about the story assume it is about an alleged affair, the lawyers note.

The Times' own public editor, Clark Hoyt, published what Allen called a "blistering attack" on the decision to publish three days after the article appeared.

The suit claims that Iseman suffered damage to her mental, emotional and physical health. The lawyers noted that she continues to work as a lobbyist in Washington, for a firm based in Arlington. They said they anticipated developing their case on damages as the matter moves forward.

The piece was published at the height of the primary season last winter, and, the suit states, the defendants knew that it would "reverberate around the world."

The suit continues, "In their attack on Senator McCain, the [defendants] were willing to sacrifice Ms. Iseman as acceptable collateral damage, recklessly indifferent to the avalanche of scorn, derision and ridicule Ms. Iseman would suffer."

Smolla noted that in one defamation decision before the U.S. Supreme Court, then-Chief Justice William H. Rehnquist observed that the purpose of defamation law is to provide an aggrieved party with a remedy.

But it also has the purpose of correcting the public record and of giving the public a remedy to "an offense to the public discourse," he said.

Allen noted that after the Times article was published in February, Iseman had anticipated filing a lawsuit that would be "the source of her vindication."

She specifically waited until the national election was over, he said, adding that she did not want any suit she filed to influence the result.

Efforts to obtain comment from Bill Keller, the Times executive editor named as a defendant, were not immediately successful.

Update: The New York Times issued a statement following the filing of the suit: "We fully stand behind the article. We continue to believe it to be true and accurate, and that we will prevail. As we said at the time, it was an important piece that raised questions about a presidential contender and the perception that he had been engaged in conflicts of interest."

Click here to read the full text of the complaint in Iseman v. The New York Times Co. Inc.

© Copyright 2008, by Virginia Lawyers Media, all rights reserved

The American Board of Professional Liability Attorneys strives to help the public in their selection of malpractice attorneys by meticulously screening its applicants and administering exams in particular areas of malpractice. Board certified malpractice attorneys are certified as among the top malpractice attorneys in the country.

Board certified by the ABPLA, Mic McConnell heads the medical malpractice section of the Virginia based Allen Law Firm. Mr. McConnell is recognized as one of the most successful and innovative malpractice trial attorneys in the state. He is one of six Allen & Allen attorneys listed in Best Lawyers in America and holds an AV rating from Martindale Hubble. Mic has successfully lobbied the Virginia General Assembly and is responsible for changing laws to protect victims of medical negligence. He is responsible for litigating some of the most successful medical malpractice verdicts in Virginia.

What are some of the tactics used by insurance companies to make money at the expense of consumers? "Some of America’s most well-known insurance companies—the same ones that spend billions on advertising to earn your trust—have endeavored to deny claims, delay payments, confuse consumers with incomprehensible insurance-speak, and retroactively refuse anyone who may cost them money." This is quoted from "Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse," a research report recently released by the American Association of Justice. The report outlines six tactics that target insurance policyholders, identifies the insurance companies that are engaging in these practices, and lays out what consumers can do to prevent abuses and fight back. We invite you to read this report to learn more about insurance company tactics and how to protect yourself.

Click here to download the full American Association for Justice report.

Here is a snapshot of the report in the Executive Summary:

"The U.S. insurance industry has trillions of dollars in assets, enjoys average profits of over $30 billion a year, and pays its CEOs more than any other industry. But insurance companies still engage in dirty tricks and unethical behavior to boost their bottom line even further.

The current economic turmoil affecting the insurance industry on Wall Street has only made the outlook bleaker for consumers living on Main Street. Insurance companies are likely to demand huge rate hikes and refuse more claims than ever. Some of America's most well-known insurance companies-the same ones that spend billions on advertising to earn your trust-have endeavored to deny claims, delay payments, confuse consumers with incomprehensible insurance-speak, and retroactively refuse anyone who may cost them money.

This report describes some of the most egregious ways the insurance industry attempts to make money at the expense of consumers. These are some of the tricks of the trade:

Denying Claims

Some of the nation's biggest insurance companies- Allstate, AIG, and State Farm among others-have denied valid claims in an attempt to boost their bottom lines. These companies have rewarded employees who successfully denied claims, replaced employees who would not, and when all else failed, engaged in outright fraud to avoid paying claims.

Delaying Until Death

Many insurance companies routinely delay claims, knowing full well that many policyholders will simply give up. Some have gone so far as to lock paperwork away in safes. Undoubtedly, the most shameful use of delay tactics has been by long-term care insurers, who often take advantage of their policyholders' age and ill health. In the words of one regulator, "the bottom line is that insurance companies make money when they don't pay claims...They'll do anything to avoid paying, because if they wait long enough, they know the policyholders will die."

Confusing Consumers

Insurance contracts are some of the most dense and incomprehensible contracts a consumer is ever likely to see. More than half of all states have enacted "plain English" laws for consumer contracts, yet many Americans still do not fully understand the risks they are subject to. After Hurricane Katrina, insurance companies used obscure "anti-concurrent" clauses to get out of paying claims. Consumers who purchased hurricane insurance and thought they were covered suddenly found the coverage eliminated by an obscure clause they could not hope to understand.

Discriminating by Credit Score

Increasingly, insurance companies are using credit reports to dictate the premiums consumers pay, or whether they can even get insurance in the first place. The practice penalizes the poor, senior citizens with little credit, and those who have suffered financial crisis through no fault of their own. Insurance companies have denied fiscally responsible people who paid their bills in cash, but refused renewals because of a lack of credit history. Others have seen auto rate hikes near 600 percent despite clean driving records after falling on economic troubles.

Abandoning the Sick

Health insurers looking to cut costs have taken to canceling retroactively, or rescinding, the policies of people whose conditions have become expensive to treat. Some insurance companies have even offered bonuses to employees who meet "cancellation goals." Rescission targets patients in the midst of treatment when they are at their most vulnerable-even cancer patients in the midst of chemotherapy have been targeted.

Canceling for a Call

Many people are rightly reluctant to make small claims on their home insurance for fear their insurance company will raise their premiums. But few realize that insurance companies often refuse to renew a policy because the policyholder did as little as inquire about the possibility of making a claim. Many times an insurance company will count an inquiry over the phone as the same as a claim, and then they will do everything in their power to drop the policyholder.

Allen, Allen, Allen & Allen congratulates Stephanie Doyle on her recent selection as the 2009 Virginia Teacher of the Year.  In recognition of this honor, the Allen Law Firm awarded her a check in the amount of $2,500.

Stephanie A. Doyle was also recognized as the Virginia Region 6 Teacher of the Year 2009. She currently teaches sixth-grade United States History I at Breckinridge Middle School in Roanoke. Mrs. Doyle serves as the sixth-grade team leader and is on the school's site-based leadership team. After mentoring a student through high school, she founded the Girls Rising Onto Womanhood (GROW) mentoring program. The goal of the GROW program is to help young girls overcome obstacles in order to succeed in school. In addition to teaching, Mrs. Doyle is involved in the National Museum of the American Indian, Organization of American Historians, Virginia Council for Social Studies and Civil War Preservation Trust.

Allen and Allen is also pleased to recognize the 2009 Virginia Regional Teachers of the Year: Nicole C. Winter, Sarah O. V. Lichtel, Kyle J. Toth, Patricia R. Herr, Therese P. Warner, Teresa L. Hash, and Joy E. Utzinger.

"With the many challenges facing our country and our economy, the importance of teachers as instructors, mentors, and examples for our children has never been greater" said Clayton Allen of the Firm's continued involvement in this program. "The Allen Law Firm is proud to recognize the commitment, dedication and effort that teachers demonstrate daily throughout the Commonwealth, and to recognize the Regional Teachers of the Year and State Teacher of the Year as their representatives" Allen added. Melinda South, attorney with The Allen Law Firm, sits on the selection panel for Virginia Teacher of the Year and is honored to be involved in supporting Virginia educators.

Allen, Allen, Allen & Allen was a proud sponsor of the 2008 Virginia Women’s Attorney Association Biennial Conference, held October 3-4, 2008, at the Kingsmill Resort and Spa in Williamsburg, Virginia. The conference goals were to honor women in public service and to provide continuing education to Virginia female attorneys from a wide variety of practice areas. Allen and Allen personal injury attorneys, Courtney Van Winkle, Kathleen Llewellyn-Duncan, and Tamara Jezic, attended the conference. Ms. Van Winkle is the VWAA Richmond Chapter President.

Manuel Capsalis, Virginia State Bar President, spoke at the closing banquet Saturday night on the importance of promoting diversity in the legal profession and in the judiciary. Mr. Capsalis has appointed a Diversity Task Force within the Virginia State Bar to encourage participation of minorities in the legal profession. Mr. Capsalis has urged members of the Bar to renew their commitment to promoting diversity and, in so doing, to become more responsive to society’s needs. 

Keynote Speaker of Saturday night’s banquet was Marie C. Wilson, founder and President of the White House Project, co-creator of Take Our Daughters to Work Day, and author of Closing the Leadership Gap: Add Women, Change Everything (Penguin 2008). The White House Project works towards building a representative democracy by advancing women’s leadership in politics, media, and business. The Project’s Vote, Run, Lead training program engages women in the political process, inspires and equips women to step into leadership roles, and encourages women to support each other’s leadership. 

VWAA’s mission is to assist women attorneys to develop their professional practice and achieve their potential, to promote changes in the law, and to affect public policy for the benefit of women in Virginia. 

The National Advisory Board is a group of carefully selected lawyers chosen to work within AITLA to make America's highways a safer place for families, clients, and all Americans. Board membership is by invitation only. Members are recognized leaders in their profession and are chosen based on their knowledge, reputation, litigation record and qualifications in interstate trucking litigation. The National Advisory Board is limited to 100 Plaintiff's attorneys from the United States.  Board Members volunteer their time to provide the Association with guidance and counsel in the methods of learning, litigation and legislation to help further AITLA's mission.

Mr. Barry has devoted his practice exclusively to representing injured persons for over 15 years. As President of Allen, Allen, Allen and Allen, he leads one of the oldest, largest, and most experienced law firms in the United States specializing in personal injury. Mr. Barry has extensive experience handling cases for people who have been seriously injured in accidents involving large trucks.  He has successfully litigated interstate trucking accident cases for his clients and is committed to protecting the rights of injured victims. He has also been chosen as a Virginia Super Lawyer and is past President of the Hanover County Bar Association.

Recognized as the most prestigious organization of trial lawyers in the world, The International Academy of Trial Lawyers was chartered in 1954. The goals of the Academy are to protect and honor the American jury system, elevate the standards of integrity, honor and civility in the legal profession, defend the principle of judicial independence and facilitate the administration of justice. The Academy also strives to assist the development of sound principles of law in emerging nations.

Mr. Guedri joined the Allen Law Firm in 1991. A take-charge lawyer, his forceful personality compliments his exceptional litigation and negotiating skills. His ability to master complex technical, scientific, and medical information has made him a formidable adversary in the broad range of personal injury cases he has handled over the last 25 years. Mr. Guedri brings to every case his strong intellect, innate sense of practicality, and his burning desire to win. Mr. Guedri has secured many notable courtroom victories for his clients. He has been listed in Best Lawyers in America since 1995, has been among Virginia's Super Lawyers and has been recognized among Virginia's Legal Elite in Civil Litigation by Virginia Business Magazine. Mr. Guedri currently works in the Allen Law Firm's Richmond, Virginia branch.

We invite you to visit the Allen & Allen Team page for more information on Making Strides Against Breast Cancer:

Click to visit the Allen & Allen Team Page

For questions about joining our walk team, please contact Emily Krause at 804-257-7570.

We invite you and your family to join us on Saturday, September 20th from 11:00 AM – 1:00 PM for the celebration of our Grand Opening and to participate in our Safety Fair.

This is a great opportunity to meet our attorneys and staff. Please stop by for pizza and drinks on us. Lite 98 FM will be broadcasting live from the event. Firefighters from Station 13 at Church and Lauderdale will be on hand checking that you have properly installed your child car seat. We will be handing out free child identification kits for your children. There will be other give aways and prizes as well.

The first 20 people will receive a free bicycle helmet from Agees Bicycles. We hope to see you there.

Allen, Allen, Allen & Allen, is pleased to announce the opening of the law firm's sixth office located in the Doc Stone Shopping Center at 50 Dunn Drive, Suite 107 in Garrisonville, Virginia.

The new office will open its doors on February 8, 2007.   Its convenient location on Route 610, just one mile from the Garrisonville exit on I-95, will better serve those who live and work north of the Rappahannock River.

For almost a century, The Allen Law Firm has represented thousands of Virginians in their personal injury legal claims.  We have offices located throughout Central Virginia in Fredericksburg, Richmond, Petersburg, Chesterfield, and Mechanicsville and are pleased to add to that list, Garrisonville, where we look forward to helping clients who live in Stafford and adjacent counties.

The Allen, Allen, Allen & Allen law firm tapped a nonfamily member fo the first time as its president.

Douglas A. Barry, who joined the Richmond law firm 11 years ago this month, was elected to the one-year post this week. Eight of the firm's 12 partners are members of the Allen family. The partners elected Barry.

"This is a great honor," Barry said. "This is a family business who opened its doors to a nonfamily member. Not many family businesses give opportunities like that."

The firm, which specializes in personal-injury cases, has 23 lawyers working in six offices - Richmond, Chesterfield, Mechanicsville, Petersburg, Fredericksburg and Garrisonville.

Barry, 49, served as deputy commonwealth's attorney in Hanover County from 1986 to 1993. He also is a former FBI agent. Barry graduated from the University of Virginia in 1979 and from the University of Richmond's T.C. Williams School of Law in 1982.

Barry replaces Elizabeth M. Allen, granddaughter of the firm's founder, George E. Allen, who opened the law office in Lunenburg County in 1910. He moved his office to Richmond in 1931.

His three sons later joined him - thus the reason for the four "Allen" names as the firm's moniker.

Copyright Richmond Times-Dispatch. Used with permission.

Paul is the managing attorney for the firm's Petersburg , Virginia office and specializes in cases involving car or tractor trailer accidents and premises liability. A graduate of the TC Williams School of Law at the University of Richmond , he has been practicing law for nearly 15 years with impressive trial results and a reputation for aggressive representation for his clients. The Allen Law Firm welcomes Paul as a shareholder.

Allen, Allen, Allen & Allen has been representing Virginians in their personal injury legal claims for nearly a century. They have offices located throughout Central Virginia in Richmond , Petersburg , Chesterfield , Fredericksburg , Mechanicsville and Garrisonville.

The $100,000 available for personal injury under the Virginia Tort Claims Act is not insurance and cannot be considered as a credit against underinsured motorist coverage, a King William County judge has ruled in a case of apparent first impression.

The issue arose from a crash in January 2004 at state Route 611 and U.S. 360 in the county. Daniel Drewry was driving south on Route 611 and state Trooper Dennis Wilson was driving his cruiser west on U.S. 360.

Drewry's attorney, W. Coleman Allen Jr. of Richmond, originally alleged that Wilson was grossly negligent because he was speeding without using his flashing lights or siren. Allen later amended the complaint to allege only simple negligence and sought $650,000 in damages. He served Drewry's UIM carrier, Virginia Farm Bureau.

The Tort Claims Act made Wilson absolutely immune from suit and potentially made the state vicariously liable for no more than $100,000.

The Farm Bureau policy covering Drewry's car had $100,000 in UIM coverage, and the insurer's attorneys, Harley W. Duane III and Justin S. Gravatt of Richmond, filed a complaint seeking a declaratory judgment that the insurer had no liability.

Under Virginia Code Sect. 38.2-2206(B), Farm Bureau could be liable only if the underlying coverage is "less than the total amount of uninsured motorist coverage," Duane and Gravatt said in a motion for summary judgment. Because the amount available under the Tort Claims Act and Farm Bureau's UIM coverage are the same, the insurer has no liability to Drewry, the defendants contended.

"[T]he police cruiser is not an 'uninsured motor vehicle' because the Commonwealth remains vicariously liable to Drewry, irrespective of Wilson's immunity," the attorneys argued. "To interpret Sect. 38.2-2206 to mandate UM coverage when Wilson is immune, even though the Commonwealth is not, would defeat the intent of statute to insure against 'uninsured motor vehicles,' and would lead to an absurd result."

Allen responded that the argument was based on "the fatal defect of mischaracterizing the Commonwealth of Virginia Division of Risk Management as an insurance company and the Commonwealth of Virginia Risk Management Plan as providing insurance coverage."

According to the plan, "The Division of Risk management (DRM) is not an insurance company and this Plan is not insurance, as those terms are defined in Sect. 38.2-100 of the Code. DRM is, instead, a division of a state agency, the Department of the Treasury, that finds its authority to act from the statutory provisions of the Code."

Moreover, Allen argued, Wilson's cruiser was an uninsured motor vehicle under the definitions of the term in Drewry's policy. There is no property damage liability bond or insurance policy covering the vehicle, and Wilson is immune from liability for simple negligence.

Ruling from the bench, Circuit Judge Thomas B. Hoover agreed with Allen in Virginia Farm Bureau Town and Country Insurance Company v. Drewry, Case No. CL07000043-00.

Allen said he believes the decision to be the first such ruling in the state.

Duane said he and his client are considering an appeal to the Supreme Court of Virginia.

© Copyright 2008, by Virginia Lawyers Media, all rights reserved

Source: http://www.valawyersweekly.com/archive.cfm?recid=419293

Five-year-old Mattie Nauman went to Page Memorial Hospital in respiratory distress. The defendant emergency room physician arranged for the child to be transported to the University of Virginia Health System where she could receive more specialized care, but in the three hours it took for an ambulance to reach the hospital to pick up the patient, the defendant failed to respond to profound respiratory distress, cyanosis, dehydration and a bacterial infection that was progressing to sepsis.

Plaintiff contended that the standard of care required the defendant to intubate the patient, to provide mechanical ventilatory support, to aggressively re-hydrate the patient, and to provide antibiotic therapy. In the absence of such care, she died shortly after arriving at UVA.

At the outset of the case, the defendants objected to Charlottesville venue. Plaintiff asserted two bases for venue: First, that all or part of the cause of action arose in Charlottesville, since - Charlottesville is where the death occurred. Thus, Charlottesville was a permissible venue under Code Sect. 8.01.262. Second, that the defendant's duty to the patient continued until the patient was delivered into the hands of the receiving physicians at UVA. Thus, since the patient was transported into the city receiving therapy initiated and maintained by the defendant, and since that therapy violated the standard of care, then the negligence also continued into the city of Charlottesville.

The trial judge agreed that all or some of the cause of action arose in Charlottesville and overruled the objection to venue.

Type of Action: Medical malpractice; Wrongful death

Injuries Alleged: Death

Name of Case: Nauman, Administrators v. Samuel et al.

Court: Charlottesville Circuit Court

Case No.: CL05-229

Verdict Date: Aug. 29, 2007

Tried Before: Mediation

Name of Judge: Edward L. Hogshire

Verdict/Settlement: Settlement

Amount: $925,000

Special Damages: $15,000

Experts: David Milzman MD, emergency medicine, Washington, DC; David Munter MD, emergency medicine, Chesapeake; Daniel Benjamin MD, pediatric infectious disease, Durham, NC

Insurer: AIG

Plaintiffs’ Attorneys: Malcolm P. McConnell III, Jason W. Konvicka, Richmond

[07-T-184]

Source: http://www.valawyersweekly.com/archive.cfm?recid=420257
© Copyright 2008, by Virginia Lawyers Media, all rights reserved

An arbitrary cap on damages means some patients won't even be able to recover their actual losses.

Virginia's cap on malpractice damages is unconscionable and unfair, and it will become ever more so when it tops out at $2 million on July 1.

That $2 million is for all damages -- medical expenses and lost income as well as pain and suffering, and other non-economic damages.

With rising medical expenses, that cap will impact more victims of malpractice.

For instance, a $3.5 million verdict awarded to a Clifton Forge woman by a Roanoke jury will likely be halved by the limit -- which was set at $1.6 million when the foot surgery she sued over occurred.

Donita Franklin's lawyer said her medical bills and lost wages total $2.25 million.

The doctor in Franklin's case insists she did nothing wrong, but a jury found differently.

The details of this case aside, there is no doubt that malpractice occurs, and that, increasingly, the victims of malpractice may face actual expenses and lost income that will easily exceed this arbitrary cap on damages.

Consider cases where infants are victims of life-altering mistakes. Lost wages are difficult to prove, but lifelong medical expenses in many of these cases will easily exceed $2 million.

Why should the doctor responsible -- or that doctor's insurance company -- not have to pay the full costs associated with such an error?

Compounding the unfairness is this: The cap didn't have its intended effect. The cap on damages was supposed to keep malpractice premiums under control.

But though the cap was put in place in 1999, doctors were still protesting skyrocketing premiums in 2004.

Numerous studies have shown that damage caps have little or no impact on malpractice insurance premiums.

In fact, premiums tend to reflect the performance of insurance company investments more than trial verdicts.

The state Supreme Court has upheld the constitutionality of the cap more than once.

Perhaps this case and others like it will help illustrate the fundamental unfairness of an arbitrary cap so low that it at times cannot even cover actual expenses of the victims of malpractice.

If the Supreme Court won't reverse this decision, the General Assembly should re-examine the issue and develop a fairer, more adequate approach to malpractice reform.

Source: http://www.roanoke.com/editorials/wb/164993

Public Information 804-864-1400 http://www.smv.org/

All the Ice Cream You Can Eat at the Science Museum of Virginia

RICHMOND - Celebrate summer with a huge party. Race through a maze. Find out about brain freeze. Test your aim with a medieval siege machine. Cheer on your favorite rat basketball player. See kung fu demonstrations from the Shaolin Dragon School. Dig for fossils. And eat ice cream - plenty of ice cream. It's all at the Science Museum of Virginia's Scooper Bowl XVI on Saturday, June 21, 10 a.m.-4 p.m.

Race a friend through a maze of tubes and hills, a climbing wall and down a slide at the inflatable obstacle slide. Become an archeologist as you dig in sand for shark's tooth fossils. Build a sand castle. Bounce on an inflated moonwalk.

Splat! A water balloon misses its mark and lands outside a swimming pool target. What is that strange looking machine hurling water balloons? It's a trebuchet - that's pronounced tre-bue-SHAY. Look for it operating at 11 a.m., noon, 1, 2 and 3 p.m. Trebuchets were used in the Middle Ages to attack enemy castles.

Keep an eye out for a booth called Genetics Help 5C/. Virginia Commonwealth University graduate students can show you how brain freeze happens when you eat ice cream. Work with them to trace who else in your family gets brain freeze. With that on your mind, you may want to participate in ice cream-making with a twist at Super Cool at 11 a.m., 1 and 3 p.m. Check out the basketball playing rats at noon, 2 and 4 p.m. Create colorful sidewalk art using chalk. Keep an eye out for Uncle Curt and Hugs as they make balloon animals, 11 a.m.-2 p.m. Help folks from Shop4Science set off diet soda and mint geysers at 11:30 a.m., 12:30, 1:30 and 2:30 p.m.

Want to adopt a cat or dog? Step right up to the Richmond SPCA Tail Wag'N. Pet a greyhound and meet folks from the Richmond Chapter of Greyhound Pets of America. Stand on a shaky balance board at BioExpress exhibits. BZZZZZ! Want to stop that noise? Find a way to keep the board level. It's tricky. Build a bridge strong enough to walk across at Science-by-Van exhibits.

Watch for the colorful and fast moving Shaolin Dragon kung fu performance at 1 p.m. Take a spin on a Segway. Discover what it's like to walk on the moon. Test your space docking skills on air chairs. Pet a corn snake. Create a garden glove to take home. Make a straw kazoo. Join musical fun with DJ Rick Danger. Watch for roving magicians from International Magicians. Take part in hula hoop contests with DJ Christian Fleming from Manny Green Entertainment. Check out jump rope expertise of the Swingers at noon. Stop by the Big Brothers Big Sisters table to buy a duck for the upcoming Duck Race.

Back to the all important ice cream. Feast on heaps of Breyers(R) Ice Cream with lots of toppings. Choose from cookies and cream, vanilla, chocolate, strawberry, mint chocolate chip and butter pecan. You can always come back for another flavor. Add chocolate syrup, candy, sprinkles and cookies. Want a root beer float? Look for Mug Root Beer from the Pepsi Bottling Group. Stop by the Vitamin Water vehicle for games and samples. Free drinking water is from Diamond Springs. If you're looking for non-ice cream related food, purchase barbecue from Buzz and Ned's, popcorn from SMV Snax or a sandwich from Cafe Portico.

For a completely different experience, see Kung Fu Panda: The IMAX Experience. Meet an animated polar bear named Po. Can he turn his dreams of becoming a kung fu master into reality? Or see the giant screen film Grand Canyon Adventure: River at Risk. Ride wild Colorado River rapids - without getting wet.

Scooper Bowl is sponsored by Good Humor-Breyers, Allen, Allen, Allen & Allen, CarMax, Kraft, Richmond SPCA, Big Brothers Big Sisters, Mug Root Beer and Vitamin Water.

Kung Fu Panda is a Paramount Pictures release presented by DreamWorks Animation. The film features the voices of Jack Black, Dustin Hoffman, Angelina Jolie, Ian McShane, Jackie Chan, Seth Rogan, Lucy Liu, David Cross, Randall Duk Kim, James Hong, Michael Clark Duncan and Dan Fogler. The film is rated PG for sequences of martial arts action. Grand Canyon Adventure:
River at Risk is produced by MacGillivray Freeman Films and MacGillivray Freeman Films Educational Foundation in association with Waterkeeper Alliance and Museum Film Network, which includes the Science Museum of Virginia. Grand Canyon Adventure: River at Risk is presented by Teva and supported by Kolhler Company. Grand Canyon Adventure: River at Risk is sponsored at the Science Museum of Virginia by Patient First.

Scooper Bowl is held rain or shine. A Scooper Bowl ticket is $12 or $4 for museum members. Tickets for Scooper Bowl and Kung Fu Panda are $22 for youth ages 4-12 and seniors 60+ and $23 for adults ages 13-59. Tickets for Scooper Bowl and Grand Canyon Adventure: River at Risk are $16.50 for youth ages 4-12 and seniors 60+ and $17.50 for adults ages 13-59. For Science Museum information call 804-864-1400 or 800-659-1727 or visit http://www.smv.org/. The Science Museum is located at 2500 West Broad Street.

June 2008
Copyright(c)2007 All About Kids Magazine(R) All Rights Reserved

On Aug. 3, 2005, 52-year-old Willnette Jackson’s Mazda Protégé was rear ended by defendant Thompson’s Ford F-250 pick-up truck after the plaintiff stopped to make a left turn. The Mazda, which sustained substantial damage, was pushed across the oncoming lane of travel and into a ditch. Liability was admitted at trial.

With complaints of soreness all over, the plaintiff was taken by rescue squad to MCV Hospital where she stayed overnight. Her doctors ordered numerous CT scans, all of which were reported as negative for serious injury. One week later, the plaintiff followed up with her family doctor for the first and only time. She testified that she continued to suffer back pain for two to three months after the accident.

Thereafter, she made a complete recovery. She missed no time from her employment as a special education teacher. Plaintiff’s counsel decided not to incur the expense of calling any of her physicians to testify at trial. The only witnesses to testify on plaintiff’s behalf were the plaintiff herself and the investigating police officer.

Plaintiff’s medical bills totaled $20,102.09. Defendant’s highest offer before trial was $25,000. The jury returned a verdict of $47,500.
[08-T-100]

Type of Action: Personal injury
Injuries Alleged: Neck and back strains
Name of case: Willnette P. Jackson v. Michelle Thompson and Organicare Inc.
Court: Richmond Circuit Court
Case No: CL07-2708
Tried before: Jury
Name of Judge: Melvin R. Hughes Jr.
Special damages: $20,102.09 in medical bills; no lost wages
Verdict or Settlement: Verdict
Amount: $47,500
Date: May 8, 2008
Demand: $40,000
Highest Offer: $25,000
Insurance Carrier: Erie Insurance Company
Attorney for Plaintiff: George E. Allen III, Richmond

© Copyright 2008, by Virginia Lawyers Media, all rights reserved

Source: Article Link Here

On Saturday, July 26th, thousands of rubber ducks were launched in the Haxall Canal at  Brown’s Island to raise funds for the Big Brothers Big Sisters of Richmond. Participants could purchase rubber ducks to swim in the race and prizes were awarded to the owners of the winning ducks. This year the Duck Race had over 5,500 attendees and raised $140,000 for Big Brothers Big Sisters.

On site was the Firm’s President, Douglas A. Barry, who serves on the Board and as Treasurer for the Richmond Chapter. He could be found getting a little wet helping the ducks make it through the finish line and out of the water.  Allen and Allen had a coloring station for the crowd as part of the free children’s carnival on Brown’s Island. Both Mr. Barry and Allen and Allen have been supporters of Big Brothers Big Sisters for over 10 years. In 2008, the Richmond Chapter won The Robert M. Kommerstad Leadership Medal as Mid-Sized Agency Board of the Year at the BBBS National Conference. Attorney Kathleen Llewellyn-Duncan is also proud to serve on the Board of the Fredericksburg chapter of Big Brothers Big Sisters.

The Allen Law Firm has been serving the Charlottesville community for many years. To better meet the personal injury legal needs of Charlottesville and the surrounding counties, the firm opened a Charlottesville office in March 2008 headed by attorney Matthew B. Murray. Mr. Murray and his staff accepted the award at the “Best Of” party on August 15, 2008.

Lynnwood Spell attended John Marshall High School in Richmond, Virginia, where he excelled as both a student and a football player. Ranked 38th in his class, Lynnwood is a two time All-Academic student athlete, the recipient of the Tavis Smiley Most Outstanding Male Leader award in 2007,  a student ambassador for the US Supreme Court and an associate minister at Mt. Hebron Baptist Church. Lynnwood plans to attend Morehouse College.

Terrell Banks attended Huguenot High School and ranked 9th in his class. While in high school, he was a community role model volunteering for the Special Olympics and tutoring. He played football in addition to participating in concert band. Terrell plans to attend Hampton University and to pursue a career in pediatric medicine.

Attorney Chris Meyer discusses the motivation behind enacting this scholarship program: “The Fellowship of Christian Athletes works with the community to help these young adults excel – they help where it is needed the most and I am proud to be part of this program.” The FCA’s goal is to teach moral leadership in the community and uses sports to reach those in need. They challenge coaches and athletes on the professional, college, high school, junior high and youth levels to use the powerful medium of athletics to make a moral impact on the world. The FCA focuses on serving local communities by equipping, empowering and encouraging people to make a difference for Christ.

Allen, Allen, Allen and Allen is one of the oldest and largest law firms in Virginia specializing in personal injury law. Founded in 1910, the attorneys of Allen and Allen serve the personal injury legal needs of Richmond, Petersburg, Fredericksburg and Charlottesville.

Allen and Allen is pleased to announce that six of the firm's attorneys are listed in the 2009 edition of The Best Lawyers in America: George E. Allen, III; W. Coleman Allen, Jr.; P. Christopher Guedri; Jason W. Konvicka; Malcolm P. McConnell, III; and Matthew B. Murray.

George E. "Ted" Allen's significant achievements in the personal injury field include a groundbreaking extension of the Virginia statute of limitations in an asbestos related products liability wrongful death case. Over the years, he has handled numerous wrongful death, medical malpractice, and other catastrophic injury cases.

W. Coleman Allen, Jr. has gained a national reputation as an effective advocate who has successfully handled diverse types of litigation including products liability, aviation, wrongful death, traumatic brain injury, and class action lawsuits at both the appellate and trial level. In 2008, The Southern Trial Lawyers Association presented Coleman with the Smiley Award which is given annually to America's Most Outstanding lawyer in the field of academics, legal scholarship and advocacy teaching and training.

P. Christopher Guedri's ability to master complex technical, scientific and medical facts has made him a formidable adversary who delivers exceptional results in the courtroom. His victories include, not just substantial courtroom verdicts, but also outstanding settlements in cases involving truck accidents, product defects, wrongful death, and catastrophic injuries.

Jason W. Konvicka is a member of the firm's medical malpractice team. He also represents persons severely injured through the use of defective drugs and medical devices. Jason has achieved impressive verdicts and settlements for clients in wrongful death, traumatic brain injury, and tractor trailer accident cases.

Malcolm P. "Mic" McConnell leads Allen and Allen's medical malpractice litigation team and is one of Virginia's most respected medical malpractice attorneys. Over the years, he has litigated complex malpractice cases involving almost every medical specialty. Mic enjoys an impressive record of success, having won "top ten" verdicts in Virginia in both 2005 and 2006.

Matthew B. Murray manages Allen and Allen's Charlottesville office. He has earned a reputation among residents of Virginia's Piedmont and Shenandoah Valley, as a strong advocate for persons seriously injured in vehicular accidents and through medical negligence. Matt's recent $10 million dollar defamation verdict was the largest in Virginia history.

The Best Lawyers in America is a reference work based on the results of a rigorous and comprehensive lawyer survey which identifies attorneys who have achieved professional excellence. The work is one of the most highly regarded and widely respected in the legal community. To prepare the book, the publishers regularly contact thousands of lawyers asking them to vote on the caliber of lawyers already listed in their field of practice and also to nominate attorneys who are not yet listed.

The personal injury law firm of Allen, Allen, Allen & Allen has been representing Virginians for nearly a century. They have offices located throughout Central Virginia in Richmond, Petersburg, Chesterfield, Mechanicsville, Short Pump, Fredericksburg, Garrisonville and Charlottesville.

August 12, 2006 1:11 am

By JIM HALL

A Fredericksburg Circuit Court jury awarded $3.5 million yesterday to a woman who suffered a brain injury during gastric-bypass surgery.

The award came at the end of a five-day trial. It is believed to be one of the largest medical malpractice awards ever in the Fredericksburg area.

The damages are expected to be reduced to $1.65 million, the state-mandated malpractice cap at the time of the injury.

Tamatha Cooley brought the civil suit against Dr. Bradford L. King and his practice, Surgical Associates of Fredericksburg, following her weight-reduction surgery in May 2003.

The Spotsylvania County woman is the mother of four children and was 36 at the time of the surgery. She worked as office manager at a home inspection company.

Cooley weighed 282 pounds, or about 140 pounds over her ideal weight, according to court testimony. King performed her gastric-bypass surgery through an open incision on May 20, 2003, at Mary Washington Hospital.

The surgery is increasingly popular with morbidly obese patients. The surgeon creates a walnut-sized pouch at the top of the stomach and bypasses a portion of the stomach and small intestine. The procedure limits the amount of food that a patient can eat, resulting in often dramatic weight loss.

Cooley's initial surgery was successful, and the early stages of her recovery went well, according to court testimony. However, after about four days, her vital signs deteriorated and her pain increased.

Cooley's Richmond attorneys, Malcolm P. McConnell III and Jason W. Konvica, argued that King failed to recognize or treat this decline.

McConnell said that the "standard of care" required King to be suspicious of a possible leak in the bypass, which did occur.

"The doctor failed to follow that standard," McConnell said after the trial. "I think that was a simple thing for the jury to grasp."

Cooley seemed to recover the next day and was discharged from the hospital. But she returned to the hospital later that day and had emergency surgery in the middle of the night to repair the leak in her bypass.

King testified that Cooley vomited while being anesthetized for her second surgery. The vomited material moved to her lungs, damaging them. Her lung injury meant that her brain was deprived of oxygen, King said.

McConnell argued that the lung and brain injury occurred after material leaked from her new bypass.

Tara M. McCarthy, King's attorney, could not be reached for comment after the trial.

Cooley testified during depositions but did not attend the trial. She no longer works or drives and is rarely left home alone, according to court testimony.

"She's unable to carry out the activities of daily living safely," testified Jeffrey S. Kreutzer, a neuropsychologist and one of the expert witnesses.

The jury deliberated for about three hours before reaching a verdict.

King was the only surgeon to do gastric-bypass operations at Mary Washington. He did about 57 of them between August 2002 and June 2003, when he stopped. The procedure is no longer done at Mary Washington.

To reach JIM HALL: 540/374-5433
Email: jhall@freelancestar.com
Copyright 2006 The Free Lance-Star Publishing Company.

The Allen and Allen law firm is one of the oldest, largest and most experienced law firms in the United States specializing exclusively in personal injury and has represented clients from Virginia and other states as well for almost a century.

The Expertise

Allen and Allen is a litigation firm with special expertise in all types of motor vehicle collisions, wrongful death, spinal cord injury and brain injures, and medical malpractice.

The Super Lawyers

Their peers have recognized five Allen and Allen attorneys as Super Lawyers in the state of Virginia - a testament to the firm's extraordinary achievements.

An accomplished litigator for more than 30 years, George "Ted" Allen's substantial achievements in personal injury, medical malpractice and wrongful death cases include groundbreaking extensions of the statute of limitations in an asbestos related products liability case.

Coleman Allen has earned a national reputation as an effective advocate in handling many different types of litigation including products liability, aviation, wrongful death and class action, at the appellate as well as the trial level.

For 25 years, Chris Guedri's ability to master complex technical, scientific and medical information has made him a formidable adversary who has delivered exceptional results in the courtroom. For more than a decade, these three attorneys have been continuously recognized in the reference book Best Lawyers in America.

Jason Konvicka, a founding member of the firm's medical malpractice section, has built a distinguished trial and appellate career in state and federal courts by successfully handling a range of personal injury cases, including injuries caused by drunk driving, wrongful death, birth related trauma, and premises liability.

For almost 20 years, Malcolm "Mic" McConnell has litigaged difficult and complex medical malpractice cases across Virginia that involved nearly every medical specialty.

The Team

The 23 attorneys and more than 80 support staff members, including investigators, legal assistants, and nurse paralegals, provide the essential experience, knowledge and skills needed to obtain fair compensation for each client.

The Commitment

Allen and Allen began helping the injured citizens of Virginia nearly a century ago. The firm's reputation rests on high ethical standards, professionalism and a proven track record of results. They are aggressive, caring advocates for the injured. "Our clients are our number one priority, and we are committed to obtaining the best possible result for each family we represent," says the firm's president Beth Allen.

July 2006 Issue of Richmond Magazine and the July 2006 issue of Virginia Super Lawyers Magazine.
2006 Key Professional Media, Inc. Reprinted with permission. All Rights Reserved. Super Lawyers is a registered trademark of Key Professional Media, Inc.

Lawyer recovers $1.8M in med-mal retrial

By Virginia Lawyers Weekly Staff
January 23, 2006

#12 - $1.8 million

Allen v. Mid-Atlantic Health Alliance

Type of case: Medical malpractice

Court: Fredericksburg Circuit Court

Attorneys: Malcolm P. McConnell III and Jason W. Konvicka, Richmond

Summary: This was a retrial of a case that produced one of the largest medical malpractice verdicts in state history in April 2003.

In 2003, a Fredericksburg jury awarded $6.5 million to lawyer Craig Allen, who contended a physician was negligent in failing to diagnose an inflammation in his spinal column. The Supreme Court of Virginia affirmed the jury's finding of negligence but sent the case back for a new trial on the issues of proximate cause and damages. On Oct. 14, a second jury returned a verdict for $1.8 million, which will be reduced to $1.55 million, as was the first verdict, under the med-mal damages cap.

© Copyright 2008, by Virginia Lawyers Media, all rights reserved

To view the rankings, please visit Virginia Business Magazine's website:

Richmond, VA, October 21, 2005

Friday night, at a banquet held at the Virginia Crossing Resort, Deborah Goforth, Librarian at Courtland Elementary School in Spotsylvania County, was selected among eight regional winners as The Virginia Teacher of the Year. R. Clayton Allen, an attorney with Allen, Allen, Allen & Allen, pres ented Ms. Goforth with a $2,500 check in recognition of her significant achievement.

Ms. Goforth was chosen a regional winner from a group of 62 outstanding teachers in Region Three. Other Regional Teachers of the Year include:
Donald M. Felice from Manchester Middle School in Chesterfield County; Mary E. McAllister from the Mary Peake Center in Hampton; Stephen Scholla from Oakton High School in Fairfax County; Carla Hunt from Albemarle High School in Charlottesville, Thomas Fitzpatrick from Breckenridge Middle School in Roanoke; Linda Fowler Davis from St. Paul School in Carroll County, and Deborah Ketchum from Randolph Henry High School in Charlotte County.

Ms. Goforth stated that she is honored to be Virginia Teacher of the Year, and she looks forward to sharing her passion for education and
learning with others throughout the state.

The Allen Law Firm is proud to continue its tradition of supporting the Teacher of the Year Program.

It wins two $1 million judgments in one week, believed a first in Va.

BY ALAN COOPER TIMES-DISPATCH STAFF WRITER Sunday, October 24, 2004

When your name is Guedri, and the firm you're joining is Allen, Allen, Allen & Allen, you have to be a little apprehensive about how you'll be received.

But the insurance defense firm for which P. Christopher Guedri had worked for eight years imploded in 1990, and the state's largest personal-injury firm needed an experienced trial lawyer. The firm knew that Guedri had worked as a plaintiffs' attorney for three years before joining the defense firm and that he had continued to represent plaintiffs in the relatively rare cases in which the defense firm did not have a conflict.

"He did have to be reclaimed from the dark side," W. Coleman Allen Jr., president of Allen and Allen, said with a chuckle. "But we regard him as one of our more successful reclamation projects."

Guedri said the firm quickly allayed any uneasiness he had about being an outsider in a practice in which almost half the partners are descendants of its founder, George E. Allen. "They in every respect have treated me like I'm one of them from day one, and I'm forever indebted to them," he said.

Guedri promptly made a substantial down payment on that debt. Within six months of joining the firm, he won the largest jury verdict in the firm's history, $950,000, for a woman who suffered serious leg injuries when she slipped and fell in an icy North Richmond parking lot. That case gave him instant credibility with the firm, Guedri recalled. "From that point on, I was given more and more responsibility for some of the firm's larger cases, and that has continued right on up to the present time."

Just last month, he had the distinction, believed to be unique in Virginia, of helping win two million-dollar jury verdicts in a week.

In the first, a three-day trial ended with a $2 million award for a man who incurred $185,000 in medical bills after the car in which he was a passenger ran into the rear of a tractor-trailer on U.S. 460 in Prince George County. Guedri and a partner, Elizabeth M. Allen, successfully contended that the truck driver was negligent because he had stopped his vehicle at midnight in the left westbound lane to investigate something that had hit a side window of the rig.

In the second case, tried three days later with associate J. David Douthit, a car rear-ended by another tractor-trailer crossed the median on U.S. 1 south of Ashland and crashed almost head on into a car driven by Guedri's client. The trucking company admitted it was at fault, and the jury returned a $1 million verdict after hearing testimony that the client, a self-employed painter, had significant injuries, including damage to a knee that required its reconstruction.

Guedri made the closing arguments in both cases, and a frequent adversary, Stanley P. Wellman, said Guedri has a well-earned reputation for persuading juries to return large verdicts. "He somehow seems to pump them up without seeming greedy or overreaching in any way," said another insurance defense attorney, Henry S. Carter, who has tried many cases against Guedri. "He never overplays his hand."

Wellman said, "I've heard many lawyers say, 'If it's a million-dollar case with Lawyer X, it can be a $2 million case with Guedri, if you go try it with him.'"

For that reason, defense lawyers are anxious to reach settlements with Guedri, even though "he's very aggressive on his evaluations" of even relatively small cases, Wellman said.

"There are dozens of stories of him walking away from an offer of $15,000 when he thought it was worth $20,000, and he got $60,000 or $80,000" from a jury, Wellman added.

Being willing to try those cases is a key to his success, Guedri said. "If I had any advice for younger lawyers getting into this business, it would be to go ahead and try cases and get good results.

"It's the good results in the trial of cases that will give you the confidence to try more cases and help establish the reputation that will cause defense lawyers and insurance carriers to pay you maybe what they wouldn't pay someone else who doesn't have a proven track record," he said.

That confidence does not extend to arrogance, Coleman Allen said. When Guedri wins a big case, "he's going to cite a special client that he had an opportunity to represent and the fact that he had a strong case and that fact the was fortunate in having a jury that truly understood the measure of the plaintiff's loss," Allen said.

"You are never going to find him hinting or suggesting that his abilities had anything to do with it. Yet, while he has been fortunate . . . the clients in all those cases were different. The consistent factor was Chris's involvement."

Contact Alan Cooper at (804) 649-6649 or acooper@timesdispatch.com

Guatemalans Get Medical Care

By Alan Cooper
Times-Dispatch Staff Writer

The sponsorship of a medical mission to Guatemala by the personal injury law firm of Allen, Allen, Allen & Allen is in a sense part of the firm's extensive marketing efforts.

But as R. Clayton Allen noted, "We're not getting any clients from Guatemala."

"For us, it was internal," said Allen, a partner of the firm. "For our employees and our firm, this is what we are and what we ought to be doing.

"It creates a tremendous amount of goodwill in our firm and among all of our employees," he added. "Not just them. For me, too. I feel goof about doing it."

The International Hospital for Children, the Richmond-based organization that coordinated the mission, hopes other businesses will follow the Allen firm's lead.

The firm was the first participant in the organization's program to have a single sponsor pick up the entire cost of sending a surgical team to another country or to bring a seriously ill child to Richmond for treatment.

Becky Crowther, IHC program director, said there is no shortage of medical talent willing to donate time and expertise for such efforts.

Concept of Single Sponsor

The limitation is money. That's why the group developed the concept of attracting a single sponsor for each mission, with direct participation by the sponsor to give it a sense of ownership in the project. The sponsors also get recognition on IHC's web site.

Crowther said the organization is recruiting other companies to sponsor future missions.

During the Guatemala trip, a 14-member neurosurgical team headed by Dr. John D. Ward of Virginina Commonwealth University's Medical College of Virginia Hospitals performed 29 surgeries on 23 children in five days.

Most of the surgeries involved treatment for hydrocephalus, caused by the production of too much cerebrospinal fluid, and spina bifida, the incomplete development of the spinal cord.

The conditions occur in about one in a thousand children in the United States but in more than one in a hundred in Guatemala, at least in part because the Guatemalan diet is low in folic acid.

Because the team members volunteer their efforts, the missions are a tremendous bargain. The cost was $15,000, or a little more than $500 per operation.

By contrast, bringing a child to Richmond for surgery typically costs $5,000 to $7,000, Crowther said. Some of those trips are necessary because the condition of the child requires more equipment and expertise than is available in the child's home country.

Clayton Allen accompanied the team and helped screen the patients for whom the surgery would be most beneficial, took photographs and assisted with legwork in the operating room.

"I spent so much time in the operating room," Allen said. "I was just fascinated."

Some of the patients traveled as much as 12 hours for the surgery. "You had the sense that many of these people had never been to the city and were a little overwhelmed," he said. "It was very moving to be down there."

The mission was the eighth to Guatemala for Ward, who is the medical director of IHC and a member of its board.

IHC sponsored a team to perform heart surgery in October in Guyana and a reconstructive plastic surgery team in February in Belize.

Most of its work has been in Central and South America and the Caribbean, where it has developed ites with a coordinating nongovernmental organization, such as the Pediatric Foundation of Guatemala.

The concept behind IHC was first proposed by Dr. Julian C. Metts Jr., an orthodontist who had participated in missions to Guyana sponsored by Rotary International.

Metts envisioned the construction of a hospital in the Richmond area to which critically ill children could be brought from other countries for treatment.

Ward said, though, that "in today's environment, you don't really need another whole hospital. What you need is the capacity to care for the kids one way or another."

Getting More Than You Give

"We decided to build the foundation and the organization such that it would arrange and sort of broker people to go down and bring the kids up and utilize the current resources that we have here in Richmond," Ward said.

"You always get more than you give" on such trips, he said. He added that he has a long list of medical colleagues willing to participate in such trips.

"People want to do things," he said. "People want to say that this generation is selfish or that everyone's into themselves. That's not true necessarily. They just need some direction and opportunity."

That streak of altruism extends far beyond the medical community and can be captured by IHC's sponsorship program, he said. "Everyone likes to know that they're accomplishing something besides making money. I think if you give them the opportunity, people try to take advantage of it."

MILLION-DOLLAR VERDICTS COUNTED; SURVEY FINDS 17 BY VIRGINIA JURIES Alan Cooper, Times-Dispatch Staff Writer

Virginia juries returned 16 verdicts of $1 million or more last year, according to a survey by Virginia Lawyers Weekly, a newspaper for the legal profession.

The survey was the first the newspaper has conducted in Virginia, said news editor John D. Tuerck, who acknowledged that his paper apparently overlooked a 17th seven-figure award.

The newspaper attempted to track all million-dollar verdicts through reports to it and by reviewing wire service reports and by searching the archives of major state newspapers. Legal newspapers published by the Lawyers Weekly's parent company in other states recorded 14 such verdicts in Michigan and Maryland and 54 in North Carolina, Tuerck said.

One firm, Richmond's Allen, Allen, Allen & Allen, recorded four of the verdicts in wrongful death suits, a type of case once viewed as unlikely to produce a large award.

In each case, the firm portrayed a person who died as the result of someone else's negligence as an extraordinary individual who was the center of his or her family.

"Juries can be moved to do great things for great people," P. Christopher Guedri, a partner in the firm, said after a Richmond Circuit Court jury returned a $3.2 million verdict for the family of a 55-year-old Richmond woman.

The traditional wisdom among personal injury lawyers is that the largest awards will go to surviving victims of serious accidents with quantifiable damages such as medical expenses and loss of income.

But state law permits awards for intangible losses such as sorrow, mental anguish and loss of society, companionship and comfort.

Stephen M. Smith, a Hampton attorney, said lawyers are getting better at quantifying such intangibles. Smith worked with Richmond lawyer Edward E. Scher to win $5.2 million in Richmond Circuit Court for a woman who suffered a closed-head brain injury.

Much of that case focused on the effort to prove the diminution of the client's mental capacity when objective tests did not show such a loss.

Three of the large verdicts involved commercial disputes, including one in federal court in Norfolk that is believed to be the largest verdict ever in Virginia. The jury awarded $116 million, including $95 million in punitive damages, for X-IT Products, which contended that Walter Kidde Portable

Equipment Inc. had stolen its design for an emergency fire-escape ladder. A team of lawyers from Hunton & Williams represented the plaintiffs.

The other two were a $5.2 million award based on a claim by a Texas architecture firm that developers had misused its copyrighted building plans, and a $3.5 million award for Infineon Technologies from Rambus Inc. in a dispute over the design of computer memory chips.

Four large awards were medical malpractice claims, and nine awards - including the four wrongful death cases - resulted from injuries in traffic crashes.

Winning a jury award is hardly the end of a case, however. Many of last year's awards are on appeal, and the judge who presided over the X-IT case already had indicated that he would reduce the punitive damage award.

In other cases, the attorneys hedged their bets by agreeing to pay a minimum and a maximum amount even if the jury's verdict was higher or lower.

For example, a jury awarded $2.49 million last month in a medical malpractice case. The state's cap on such awards reduced it to $1.5 million, but the defendant agreed while the jury was out to pay no less than $500,000 and the plaintiff said he would take no more than $1 million. (emphasis added)

Allen, Allen, Allen and Allen is pleased to announce that Ms. Alexandria Harris has joined the personal injury law firm as a Summer Associate. Ms. Harris will be based in the Richmond, VA Office and will be with the Firm through the beginning of August 2008. She has completed her second year of law school at The University of Richmond School of Law and expects to graduate in May, 2009. While working with Allen & Allen this summer, Ms. Harris will be conducting legal research, writing, and will be attending trials and depositions while working along side the Firm's attorneys.

Ms. Harris graduated cum laude from Ithaca College in New York with a dual BA in Spanish and Secondary Education. She is fluent in Spanish and has a basic knowledge of French and Portuguese. Ms. Harris has spent time abroad studying and volunteering in a number of cities around the world including Shanghai, China; Sao Paulo, Brazil; Montevideo, Uruguay; Seville, Spain; and Havana, Cuba.   Her background also includes work with Congressman Jose Serrano of New York; the United States Commission on Civil Rights, LeClair Ryan in Norfolk and PennStuart in Richmond. Ms. Harris is a member of the Black Law Students Association, American Bar Law Student Association, and Women's Law Student Association at the University of Richmond. She attributes her source of inspiration and determination to work hard and achieve her goals to her grandmother.

Allen and Allen Attorney Paul Hux was “arrested” on December 7, 2006 by the Muscular Dystrophy Association. Upon arrival at the firm’s Petersburg Office, Mr. Hux was Mirandized and taken to the MDA Lock Up where he was asked to call his friends and colleagues to provide money for bail. After many frantic phone calls and e-mails, Mr. Hux was able to raise over $2,000. He made bail and was ultimately released. Funds raised through MDA special events like this help provide expert medical care at MDA clinics, MDA summer camps for youngsters, repair and purchase of wheelchairs, leg braces and communication devices and many more services. MDA also funds hundreds of top scientists worldwide seeking treatments and cures for some 43 neuromuscular diseases.

For more information on the Muscular Dystrophy Association, please visit www.mda.com.

Allen, Allen, Allen and Allen is pleased to announce that six of our attorneys have received the designation of Super Lawyer by Law and Politics Magazine. The Super Lawyers distinction is awarded to only the top 5 percent of attorneys in their field across Virginia and the country.  The Allen Law Firm lawyers named as Super Lawyers in 2007 are Elizabeth M. Allen, George E. Allen III, W. Coleman Allen Jr., P. Christopher Guedri, Jason W. Konvicka, Malcolm McConnell.

Each year Law and Politics magazine conducts a statewide survey of over 19,000 attorneys in Virginia who have been in practice for five years or longer.  The process is designed to identify lawyers who are recognized by their peers for professional achievement. Lawyers are chosen based on nominations and feedback from other attorneys. Visit www.superpages.com for listings and information on the nomination process.

About the firm: Allen, Allen, Allen & Allen has been representing Virginians in their personal injury legal claims for nearly a century.  They have offices located throughout Central Virginia in Richmond, Petersburg, Chesterfield, Fredericksburg, Mechanicsville, Garrisonville and a new Charlottesville location.

Lead trial attorneys Malcolm McConnell and Jason Konvicka worked with nationally recognized gastric bypass surgeons to prove that the defendant surgeon had been negligent in his care and treatment of plaintiff. The patient’s psychiatrist and her neuropsychologists from the medical centers at the University of Virginia and Virginia Commonwealth University described her profound brain injury. The Allen and Allen medical malpractice lawyers also presented to the jury a Life Care Planner who outlined the care and treatment plaintiff would require, continuously, in the years ahead. A vocational expert explained how the plaintiff’s brain injury rendered her unemployable.

The defendants did not contest the severity of the patient’s hypoxic brain injury. Nevertheless, despite the injuries and the testimony of plaintiff’s qualified medical witnesses, the defendant physicians refused to make an offer of settlement or to negotiate at the court-ordered settlement conference. The case went to trial. Trial lasted five days, and the jury deliberated for several hours before awarding plaintiff $3.5 Million. The defendant then made a motion to set aside the verdict. The trial judge denied the motion. Because doctors in Virginia enjoy a special status under the law, the jury’s verdict was reduced to the maximum amount recoverable in Virginia in a medical malpractice case, which was $1.65 Million. The case did not end with this jury award.

The defendants hired a new law firm to appeal the verdict. On June 6, 2007, Allen and Allen attorney Malcolm McConnell appeared in person before the Supreme Court of Virginia in Richmond and argued forcefully that the Court should uphold the verdict in plaintiff’s favor. All seven justices agreed. On September 9, 2007, the Court upheld the jury verdict, and the Allen and Allen attorneys obtained the justice their client deserved.

Other Richmonders who have been elected to serve on the CHIP of Virginia Board of Directors are Shelli Jost Brady, Alchemy, LLC, and Courtney Allen Van Winkle, Allen, Allen, Allen & Allen Law Firm. Newly elected officers of the Board are JoAnne Henry, Vice Chairperson, and Ken Garnes, Treasurer-Secretary. Dr. David Levin, Sentara Health Plans, has been re-elected Board Chairman. In addition Ken Garnes, Fairfax County, Mark Lawrence, Carilion Health System, Roanoke, and Michael Wise, Delta Dental of Virginia, Roanoke, have been elected to the CHIP of Virginia Board of Directors. 

CHIP of Virginia is a non-profit organization that improves the health of low-income young children and increases the self-sufficiency of their families. CHIP of Virginia supports a network of 11 sites operating in 30 Virginia communities and currently serves more than 4,000 children. The network, which serves pregnant women, children aged 0-6 and their older siblings aged 7-18, has over 4,300 children enrolled, most of whom live at or below the poverty level. The nurses and outreach workers who make up CHIP’s home visiting teams offer families a range of services including help signing up for health insurance (usually through Medicaid or the Family Access to Medical Insurance Security Plan, FAMIS), developmental screenings, health supervision, referrals to medical services, transportation to medical appointments, and referrals that enable parents to find opportunities for jobs and education. CHIP home visitors also work with families to develop family action plans on parenting education, health, nutrition, home safety, and job training. CHIP works hand-in-hand with other community-based programs such as preschools, social services, faith communities, as well as with over 400 doctors, nurse practitioners, dentists and other health care providers who team with CHIP to ensure comprehensive care and a medical home for all children.

On February 14, 2007, the Food and Drug Administration released a warning to consumers not to eat certain jars of Peter Pan and Great Value peanut butter due to the risk of contamination with Salmonella. The affected jars of peanut butter have a product code that begins with the numbers "2111". The product code can be found on the lid of the jar.

Symptoms of a Salmonella infection can include fever, diarrhea and abdominal cramps. Those who are in poor health or have weakened immune systems can develop life-threatening infections. Anyone who has recently eaten Peter Pan or Great Value peanut butter from this lot and has suffered any of the symptoms should contact their doctor immediately. Any illness related to the peanut butter should be reported to the state or local health authority. The first illness may have occurred as early as August 2006. ConAgra, the manufacturer of the peanut butters, has recalled all Peter Pan and Great Value peanut butter with a product code beginning with “2111”. Consumers who have questions should contact ConAgra at 866-344-6970.

If you or a loved one has been affected by the Salmonella outbreak the attorneys at Allen, Allen, Allen & Allen can help. Call us for a free consultation at 866-388-1307.

For more information regarding this topic please call Jason Konvicka, Esq.

Jason W. Konvicka, Esq. 
ph: 866-388-1307

Malcolm P. McConnell and Jason W. Konvicka, the attorneys for Craig Allen, contended that a physician was negligent in failing to diagnose an inflammation in Allen's spinal column.

In April 2003, a jury awarded $6.5 million to Allen, a lawyer for the National Science Foundation when he developed transverse myelitis shortly after the physician, Donna J. Gamache, prescribed the anti-anxiety drug BuSpar for him.

Allen reported numbness and tingling in his hands and feet, but Gamache merely changed the dosage on the medication instead of examining Allen for a neurological ailment.

Treatment with high doses of steroids stopped further deterioration, but Allen, 36, is in constant pain and has lost much of his fine motor control.

The Supreme Court reversed the first award after concluding that the trial judge improperly excluded evidence of factors that could have contributed to the emotional distress from his illness that included a suicide attempt. Gamache v. Allen, (VLW 004-6-114).

In the retrial, Allen's attorneys presented no evidence about the suicide attempt or any emotional harm.

The second jury returned a verdict of $1.8 million last October, which was reduced to $1.55 million, the cap at the time on medical malpractice recovery.

Earlier this year, the Supreme Court rejected a petition for appeal and last month denied a petition for rehearing.

© 2006 Lawyers Weekly Inc., All Rights Reserved.

Adopt-The-Troops Campaign Receives Heartfelt Thanks From Troops

(Richmond, VA, October 19, 2007)

Excerpt of Letter from Nathan P. Hepler, 1LT, Infantry
Executive Officer, A/1-503 (Airborne)

"Thanks for blowing us away!!! ...This morning, ...a helicopter brought a pile of packages from you all. Thanks so much for your kindness and generosity!

We hooked up the coffee and espresso maker in Tillman lounge... Thanks for the excellent choices of coffee, the kind that reminds us of home...

Thanks as well for the great books, magazines, and even HALO 3. All were excellent, but HALO has been played nonstop today. Good work! The board games were perfect too. We were just looking for Monopoly the other day and no one had it.

The snacks are excellent. You seem to know exactly what we want. Drink mixes are as valuable as gold when you've been out for more than an hour in the heat walking up and down the hills...or just baking in a humvee for that matter. The cliff bars and granola bars are absolutely perfect. They lasted approximately 5 minutes after arrival... Eyes lit up as each package was opened...

Thanks for the hygiene items to balance all of this out. Good toothpaste, razors, and deodorant are some of the hardest things to get, and for some reason the guys don't work as hard to try to come by these things. The socks are priceless and will quite simply save feet this winter. Thanks for the bandanas as well. They do work well and there were enough to go around...

Thanks for your support. The packages mean a lot to the guys here. We really need to be told often that you guys are behind us. It makes for a better war fighter, one who doesn't lose sight of the objective of a better Afghanistan and a safer America. Please spread our thanks around your firm. We'll keep you updated!

- Nate"

For more information or comments regarding this topic, please contact Doug A. Barry, President.
Allen, Allen, Allen & Allen
PH: 804-257-7534

Link to Video Quicktime Version (5 MB)

Social Host Liability: Are You Responsible If Your Party Guest Drives Drunk?

Beer, wine, Vodka, Scotch, Bourbon, Gin, mixers, glasses; everything is all ready for the party. The guests arrive and the house is filled with friends talking and laughing.
Then Uncle Fred shows up. Uh-oh. Uncle Fred is obviously intoxicated. He slides up to the bar and slurs out, “I’ll have a beer.”

What do you do? You know Uncle Fred drove himself to your house. You know he is planning to drive home. If you serve him more alcohol, are you responsible if Uncle Fred hurts himself in a car accident? Are you responsible if Uncle Fred hurts someone else in a crash?

The answer to these questions is an example of how Virginia law seems to lag behind common sense. Serving an obviously intoxicated social guest who we know is planning to drive home should expose us to liability to the guest and anyone s/he hurts in a crash. But that is not the law in Virginia.

Virginia law holds that the sole responsibility for anyone injured by a social guest is the guest alone. We are not responsible for Uncle Fred’s injuries because he was contributorily negligent. He contributed to his own injuries by driving while intoxicated and having a car accident, so Uncle Fred can’t blame the person who served him the alcohol.  

But are we responsible to the innocent victim of Uncle Fred’s negligence? No, the victim can only look to Uncle Fred for compensation for the injuries.

Isn’t serving an obviously intoxicated guest whom we knew was going to drive home a negligent act? Common sense would seem to say yes, but more than just negligence is required to hold someone responsible for an injury.

In order to hold a wrongdoer responsible for negligent conduct, the negligent act must also be a proximate cause of the injuries. Virginia law considers the sole proximate cause of injuries suffered in this situation to be Uncle Fred’s consumption of the alcohol, not the serving of the alcohol. The server did not make Uncle Fred drink it, and Virginia law holds the drinker alone responsible, not the server.

The only exception to this seemingly senseless result is if the server of alcohol works in a licensed restaurant or bar. In that case, the server and the bar will be in trouble with the Alcoholic Beverage Control Board, but not responsible to the injured victim.

The other exception is if the guest is a minor. Serving alcohol to a minor is a crime, so we could be charged with an offense for serving the minor, but we would not be civilly responsible for either the minor’s injuries or those of anyone else hurt in the crash.

Regardless of current Virginia law, common sense should at least dictate our conduct in this situation: Call Uncle Fred a taxi or make other arrangements to get him home.

About the Author

Matthew B. Murray is the Managing Partner of the Charlottesville, Virginia law office. Mr. Murray specialized in personal injury and medical malpractice law.

Local Law Firm Boosts Troop Morale Overseas

(Richmond, VA, October 3, 2007) After receiving a  request from local Richmonder Nathan Hepler, stationed in Afghanistan, the Allen Law Firm launched their Adopt-the-Troops campaign with full force.   Hepler wrote,  "I am writing to Richmond's Allen & Allen Law Firm because I would like to 'build' an awesome morale center here... and desperately need some help." Supporting the troops overseas struck a chord with many of the 100+ attorneys and staff,  many of whom have loved ones that have served or are currently serving in the military.  Allen & Allen took  the project one step further and adopted a second troop in Kuwait, where Major Chris Dykes, son-in-law of receptionist Sandy Silver, is stationed. 

The overwhelming generosity of the firm came through . This week 13 boxes  full of books, snacks, toiletries, games, an Xbox 360 and cappuccino makers  will be shipped to Afghanistan and Kuwait to  " build "  Morale Centers for these brave individuals.  Firm patrons of a local Starbucks even got the coffee shop to pitch in pounds of coffee to perk up the troops.  The firm plans to continue their support of these units with letter writing campaigns and more care packages for the remainder of the troops' 15 - 18 month deployments .

Lieutenant Nathan Hepler is the Executive Officer  of Attack Company, 1-503rd Airborne Infantry Regiment. His company of 100+ paratroopers is stationed at FOB Tillman in Afghanistan. Major Chris Dykes is stationed in Kuwait with the First Theater Sustainment Command.   The 50 soldiers in  Major Dykes' unit expect to be deployed for the next 18 months.

About the Firm:  Allen, Allen, Allen & Allen has been representing Virginians in their personal injury claims for nearly 100 years.   Their offices are located throughout central Virginia in Richmond, Petersburg, Chesterfield, Fredericksburg, Mechanicsville and Garrisonville. For additional information about the campaign, contact Doug A. Barry, President, at 804-257-7534.

Allen, Allen, Allen & Allen, is pleased to recognize Tommy R. Smigiel, Jr, who was recently awarded the honor of 2008 Virginia Teacher of the Year. Mr. Smigiel was awarded $2,500 on behalf of the Allen Law Firm for this great achievement in education.

Mr. Smigiel was also recognized as the Virginia Region II Teacher of the Year for 2008 and has taught in Norfolk Public Schools since 2000. Holding a B.S. from Old Dominion University and his Masters of Education from Cambridge College, he is currently teaching Earth Science and Teen Leadership at Norview High School. Believing that community service is part of a well rounded education, Mr. Smigiel has made this part of his curriculum. He encourages students to participate in neighborhood litter pick-up campaigns and volunteer service. Smigiel says he is dedicated to teaching with a "pay-it-forward" outlook.

Along with Mr. Smigiel, Allen and Allen recognizes the Virginia Regional Teachers of 2008: Tabitha L. Strickler of Colonial Heights High School, Charlotte (Dee) Strauss of George County High School, Suzanne W. Lank of Alexandria Public Schools, Susan P. Stanbery of Heritage High School, Susanne M. Dana from Blacksburg High School, Erin O. Wigginton of Pulaski County High School and Wanda R. Bass of Prince Edward County High School.

"Teachers are the often unsung heroes in our communities" said Clayton Allen of the firm's involvement over the past  fifteen years. "The Allen Law Firm is proud to support the tremendous contribution that teachers make and to recognize excellence in that field in the Commonwealth".

The Allen law firm has been representing Virginians in their personal injury claims for nearly a century. They have offices located throughout Central Virginia in Richmond, Petersburg, Chesterfield, Fredericksburg, Mechanicsville, Garrisonville and coming soon to Charlottesville.

Thursday, May 01, 2008 - 12:08 AM Updated: 07:45 AM
By BILL MCKELWAY
TIMES-DISPATCH STAFF WRITER

CHARLOTTESVILLE -- A Waynesboro couple's four-year legal fight to gain help for their disabled son ended yesterday in a $1.35 million settlement.

"All the time it's taken and the relief of it being over," David Morris said yesterday, explaining the emotion he felt.

As papers ending the family's legal struggle were signed in court, Morris broke into tears. He asked Charlottesville Circuit Judge Edward L. "Ted" Hogshire if he'd done the right thing.

Asphyxiated at birth in September 2001, Hunter Morris has cerebral palsy and brain damage. He will never live independently.

In court papers, the Morrises alleged that doctors at the University of Virginia Medical Center failed to respond to their son's deteriorating condition in the hours before he was born. In legal responses, the defendants denied the allegations.

In the intervening years, the foundation employing the doctors argued that it and the doctors were immune from suit -- even in cases where, like the Morrises, a patient is not indigent -- because of the charity care they provide to indigent patients.

Yesterday, two months after the state Supreme Court tossed out the charitable immunity defense, the case came to a close. The settlement could set a precedent for as many as a dozen pending malpractice cases where doctors and foundations have used the charitable immunity defense.

The settlement pales by comparison with similar cases in other states where limitations on damage awards do not exist. At the time of Hunter's birth, judgments under Virginia law could not exceed $1.6 million. This summer, the so-called cap will be $2 million.

"This is the best that can be made of a bad situation," one of the Morrises' lawyers, Matthew B. Murray, told the court yesterday. "The cap [on malpractice awards] imposes a burden on the most severely injured," he said, noting that costs of care far exceed possible awards in Virginia.

Hunter's life-care plan predicts that it will cost about $9 million.

Also, legal fees in the case will take some 40 percent of the award. Murray predicted that going to trial would have added tens of thousand of dollars to legal costs with no certainty of a favorable verdict or one equaling the settlement amount.

"We hope we can build a house that will be better suited to Hunter, with wider doors and room to move around in with his wheelchair," David Morris said. "And we need a van that can transport him and his wheelchair."

Combining three cases, the state Supreme Court ruled in its 28-page charitable immunity opinion that the U.Va. Foundation "follows the model of a profitable commercial business, not a charitable institution."

The court found that charitable losses, after state reimbursements and other factors, represented only 0.66 percent of the $225,898,000 in revenue generated in 2005 by foundation doctors.

"There was no validity to the charitable defense whatsoever," Murray said outside court yesterday.

An attorney for the U.Va. Health Services Foundation declined to comment.

Contact Richmond Times-Dispatch, Bill McKelway at (804) 649-660.

Other awardees at the dinner included the 2007 Regional Teacher of the Year recipients: James E. Triesler of Clover Hill High School, Elizabeth T. Harris of Great Bridge High School, Lori M. Chaney of Winding Creek Elementary School, William W. Willis, Jr. of Gar-Field High School, Janice H. Suddith of Paul Laurence Dunbar Middle School for Innovation, Marsha L. Lopez of Franklin County High School and Margaret W. Lumpkin of Greensville Elementary School. Allen, Allen, Allen & Allen has been a proud supporter of the Virginia Teacher of the Year program for more than a decade. "We feel that there is no more important activity than the education of our children and we are pleased to once again represent the state’s business community in honoring the excellent teachers in our state." - Clayton Allen. Allen, Allen, Allen & Allen has been representing Virginians in their personal injury legal claims for nearly a century. They have offices located throughout Central Virginia in Richmond, Petersburg, Chesterfield, Fredericksburg and Mechanicsville.

On March 17th, Allen, Allen, Allen and Allen opened its seventh branch located at 2100 Rio Hill Center in Charlottesville.  To better serve its Piedmont region clients, the new office is conveniently located in the former Albemarle Veterinary Hospital on Route 29 across from Lowe’s. Matthew B. Murray, a longtime Charlottesville trial attorney, will serve as managing partner of the new Charlottesville office.

Founded in 1910, Allen and Allen is one of the oldest and largest firms in Virginia specializing in personal injury and medical malpractice.  The firm’s attorneys have represented injured residents of Charlottesville and surrounding counties for decades and have won significant verdicts and settlements on their behalf.  Mr. Murray and his staff look forward to welcoming new clients to the Charlottesville office and providing the legal services they need to obtain the compensation they deserve.

Attorney Matthew B. Murray joined Allen and Allen as shareholder in January 2008. A Charlottesville resident since the 1950s, Mr. Murray is a vice president of the Virginia Trial Lawyers and past president of the Charlottesville-Albemarle Bar Association. He has over 30 years experience in personal injury and medical malpractice law. Mr. Murray is listed in the publication Best Lawyers in America along with four other Allen and Allen attorneys.

The dunk tank activities were the highlight of the day. Lawyers, including the President and the Executive Director, volunteered for a dunking. Both adults and children cheered them on!

North Carolina barbeque is always a favorite, and this year Buzz 'N Ned's Barbeque served its specialty with all the "fixins". The entertainment continued until late in the day with dancing on Doug's front lawn and a hula hoop contest. The photos below commemorate the day's success!

Mr. McConnell leads Allen & Allen’s medical malpractice section. A graduate of the TC Williams School of Law at the University of Richmond, he has been handling medical malpractice cases for almost twenty years. He is the editor and co-author of the legal text, Medical Malpractice Law in Virginia, which is updated annually. In addition, Mr. McConnell speaks to various groups on medical malpractice, insurance risk management and trial advocacy skills.

Jason W. Konvicka is a graduate of the TC Williams School of Law at the University of Richmond and has been handling personal injury and medical malpractice cases for more than ten years. Mr. Konvicka has argued successfully writs and appeals before the Virginia Supreme Court and the U.S. Court of Appeals for the Fourth Circuit. He is admitted to practice before the United States Supreme Court.

The Allen Law Firm welcomes Mic and Jason as shareholders. Their combined experience litigating cases involving many medical specialties enables the firm to offer clients specialized expertise in the malpractice field. In 2005, McConnell and Konvicka obtained a $1.8 million verdict, in the case of Allen v. Mid-Atlantic Health Alliance, one of the largest verdicts in Virginia that year. In 2006 they obtained a verdict of $3.5 million.

In 1998, at 42 years old, Mrs. Jones had a hysterectomy. The doctor who examined her uterus for signs of cancer reported that no cancer was present. Because he was told she had no cancer, Mrs. Jones’ personal physician prescribed hormone replacement therapy (estrogen) for her and she took it as prescribed for five years. In 2003, Mrs. Jones was diagnosed with "recurrent uterine cancer." Her doctor obtained the pathology slides from the 1998 surgery and had them reviewed by a new doctor, who stated that the original review had been wrong. Mrs. Jones' uterus had contained cancer. As a result of that error, Mrs. Jones' estrogen pills had, in essence, been "feeding" her cancer for five years. Whereas a proper diagnosis in 1998 would have saved her life, she spent five years getting sicker and sicker. Mrs. Jones passed away in 2004.

Prior to her death, Mrs. Jones and her husband consulted Malcolm McConnell and the Medical Malpractice Team at Allen, Allen, Allen & Allen. The doctor who examined Mrs. Jones' uterus in 1998 had been negligent. Because of his negligence, her cancer was allowed to spread until it was impossible to save her life. Mr. McConnell investigated the case thoroughly and consulted several experts on uterine cancer, but was ultimately forced to abandon the case. Why?Because, due to an unfair law in Virginia, Mrs. Jones' time period for suing the negligent doctor expired before she even knew she was sick. Virginia has a two year "statute of limitations." After the lapse of the two years, the right to sue is gone. Mrs. Jones' two year period began to run when her cancer began to spread. Of course, she was unaware of that spread until five years later, long after her time to take action against the negligent doctor had expired.

Although Mr. McConnell was unable to help Mrs. Jones or her family, he refused to allow this unfair Virginia law to remain on the books. Instead, he rewrote the law so that the statute of limitations does not begin to run until the patient learns of the diagnosis. Mr. McConnell enlisted the aid of the Virginia Trial Lawyers Association. Delegate Kristen Amundson (D-Fairfax) introduced the bill to the General Assembly at the beginning of the 2008 session. The bill worked its way through subcommittees, committees, and the full House and Senate without a single vote against it at any stage. Thus, House Bill 616 passed unanimously and will become the law of Virginia when Governor Tim Kaine signs the bill on April 28.

About the Attorney: Virginia medical malpractice attorney Malcolm P. "Mic" McConnell is the lead attorney in the medical malpractice section of The Allen Law Firm. Mic is board certified as a medical malpractice attorney by the American Board of Professional Liability Attorneys and is consistently recognized as one of the most effective malpractice trial lawyers in the state of Virginia. Mic works primarily out of the Richmond, VA branch but handles cases throughout the state of Virginia and Washington, D.C.

• A teacher and author of trial advocacy, appellate argument and litigation skill;
• A pioneer in trial advocacy and philosophy;
• An inspiration to those in the academic field of law, and the trial and appellate bar;
• And a reputable role model to those aspiring to join the legal profession.

Honorees stand out as mentors to young lawyers and professional peers, thus the award's name "Lighthouse" Award - the light that shines from the lighthouse provides guidance and direction to those weathering the storm.

A graduate of University of Virginia School of Law, Coleman has a career spanning almost twenty years as an accomplished personal injury trial attorney and skilled negotiator with The Allen Law Firm.  He promotes great professionalism and legal expertise by actively and eagerly sharing his knowledge and skills with his colleagues. He often leads seminars and panels to instruct and facilitate discussions focusing on personal injury practice, insurance and trial advocacy.  A former President of the Virginia Trial Lawyers Association, Mr. Allen has been listed in the reference book Best Lawyers in America since 1995.

January 15, 2007 - $3.5M is awarded for brain damage after gastric bypass Fredericksburg trial featured top experts - By Alan Cooper

Two of the country's most prominent gastric-bypass surgeons had different theories about what caused the brain damage of a Fredericksburg area woman.

Dr. Philip Schauer, president of the American Society for Bariatric Surgery and director of the Bariatric and Metabolic Institute at the Cleveland Clinic Foundation, testified that a leak from the plaintiff's bypass caused peritonitis and a septic reaction.

That reaction prevented Tamatha Cooley's lungs from getting enough oxygen into her blood and into her brain, Schauer testified.

Dr. Walter Pories, a former president of the society and chief investigator for the National Center for the Assessment of Bariatric Surgery at East Carolina University , testified that the injury was the result of pneumonia and lung failure. Those conditions resulted after Cooley vomited while she was being prepared for a second surgery, and she aspirated the material into her lungs, Pories testified.

Pories was a mentor of Schauer and is generally credited with inventing the procedure used on Cooley - one that Schauer has performed more than 4,000 times.

A Fredericksburg Circuit Court jury sided with Schauer in awarding Cooley $3.5 million on Aug. 11 at the end of a week-long trial.

Her attorneys, Malcolm P. McConnell III and Jason W. Konvicka of (Richmond's Allen and Allen Law Firm), contended that Dr. Bradford L. King was negligent in not responding quickly to symptoms that suggested a life-threatening leak.

The procedure appeared to go well at first, but on the fourth day after the operation, Cooley's heart rate went up and she had a fever and pain in her abdomen for which she was given the painkiller Demerol.

Her temperature went down on its own, and Cooley was sent home the next day, even though the pain and the elevated heart rate continued.

Cooley, who was 36 at the time, returned to the hospital that same day in intense pain. King performed exploratory surgery and found and repaired what appeared to be the leak. It was prior to that second surgery that Cooley vomited, and the material was aspirated into her lungs.

Cooley's blood oxygen level plummeted immediately after the surgery, and Dr. John Armitrage, a heart surgeon, was asked to put her on a bypass machine for extracorporeal membraneous oxygenation (ECMO), a procedure used more frequently for children.

Cooley was stabilized and transferred to the University of Virginia Health System , where she was placed initially in an induced coma. She remained at the hospital until July 7.

Konvicka said Cooley lost much of her short-term memory, fine motor skills and judgment as a result of the incident. She has trouble controlling her temper and suffers from depression and social anxiety.

She cannot cook safely and uses a timer and other memory aids to remind her to return to a task that she has started, Konvicka said.

Dr. Jeffrey S. Kreutzer, a neuropsychologist, testified that Cooley will never be able to hold a job or safely perform activities of daily living.

Her husband, an airline mechanic, testified that it is as if he has lost the woman he loved and has another child in the house, Konvicka recalled.

Before the surgery, Konvicka said, Cooley was happy and energetic, even though she was double her ideal weight of about 140 pounds. She worked as an office manager for a home inspection company before the surgery and had planned to go to work afterward for her best friend from church running the office of a group home for people with mental disabilities.

She and her husband have four children, ages 21, 19, 17 and 13, and she was home schooling the younger children at the time of the surgery.

Cooley has incurred about $260,000 in medical bills, and experts testified that the present value of her lifetime care is between $1.4 and $1.8 million.

McConnell said King and his insurer, NCRIC Inc., made no offers to settle the case.

Other experts who testified for Cooley included another surgeon who routinely performs bariatric surgery, Dr. Julie Kim from the Tufts-New England Medical Center in Boston , and Dr. Gerald R. Donowitz, an infectious disease specialist from the University of Virginia Health System .

Donowitz testified that peritonitis and sepsis precipitated a buildup of fluid in the lungs that caused adult respiratory distress syndrome (ARDS), McConnell said.

Pories, on the other hand, testified that Cooley's heart rate was not so elevated as to suggest that the initial surgery had gone wrong. He also testified that the capacity of Cooley's lungs to accept oxygen during the next surgery, but not afterward, was more consistent with aspirational pneumonia than sepsis and ARDS.

The Allen Law Firm first came to Fredericksburg in 1994 when partner Edward L. Allen and his wife moved to the city. Since then, other attorneys including partner and president Douglas A. Barry, David M. Williams, Jr., Tamara L. Jezic, and Kathleen M. Llewellyn-Duncan have joined him. Together with a staff of experienced and knowledgeable legal assistants, these attorneys provide their clients the legal services they require when they have been injured through the negligence of others.

The attorneys at Allen and Allen have been representing Virginians for nearly a century. The Firm is one of the oldest and largest law firms in the country dedicated to the representation of injured persons.

The Allen Law Firm lawyers named as Super Lawyers in 2008:

George E. Allen III (Richmond Office)
W. Coleman Allen, Jr. (Richmond Office)
Douglas A. Barry (Richmond and Fredericksburg Offices)
P. Christopher Guedri (Richmond Office) (Top 50 Super Lawyers)
Jason W. Konvicka (Richmond Office)
Malcolm P. McConnell III (Richmond Office)
Matthew B. Murray (Charlottesville Office)

Virginia Super Lawyers & Rising Stars was published in the July 2008 issue of Richmond Magazine. Each year Law and Politics magazine conducts a statewide survey of over 19,000 attorneys in Virginia who have been in practice for five years or longer. The process is designed to identify lawyers who are recognized by their peers for professional achievement. Lawyers are chosen based on nominations and feedback from other attorneys. Visit www.superpages.com for listings and information on the nomination process.

George E. “Ted” Allen’s substantial achievements in personal injury, medical malpractice and wrongful death cases include a groundbreaking extension of the statute of limitations in an asbestos related products liability case. W. Coleman Allen has earned a national reputation as an effective advocate in handling many different types of litigation including products liability, aviation, wrongful death and class action, at the appellate as well as the trial level. P. Christopher Guedri’s ability to master complex technical, scientific and medical information has made him a formidable adversary who has delivered exceptional results in the courtroom. Malcolm P. McConnell has litigated difficult and complex medical malpractice cases across Virginia that involved nearly every medical specialty. Mr. McConnell has an impressive record of success, including one of the top ten verdicts in Virginia in 2005.

Published biennially since 1983, The Best Lawyers in America is widely regarded as the preeminent referral guide to the legal profession in the United States. The Best Lawyers lists, representing 80 specialties in all 50 states and Washington , DC , are compiled through an exhaustive peer-review survey in which thousands of the top lawyers in the U.S. confidentially evaluate their professional peers. The current, 13th edition of Best Lawyers (2007), is based on more than 1.8 million detailed evaluations of lawyers by other lawyers.

Allen, Allen, Allen and Allen is pleased to announce that Charlottesville trial attorney Matthew B. Murray has joined the Firm as a shareholder and the managing partner of the new Charlottesville office.

A longtime resident of Charlottesville, Mr. Murray grew up on Panorama Farms and attended Albemarle High School. He comes to Allen and Allen with over 30 years experience in personal injury and medical malpractice law.  Truly committed to his clients, Mr. Murray has tried numerous complex cases in state and federal courts. His 10 million dollar defamation verdict in 2003 was the largest in Virginia history.

Mr. Murray is currently serving as a Vice President of the Virginia Trial Lawyers Association and is a past President of the Charlottesville-Albermarle Bar Association. Since 1993, he has been recognized in the reference book Best Lawyers in America. The Allen Law Firm welcomes Mr. Murray as a shareholder.

About the Firm: Allen, Allen, Allen & Allen has been representing Virginians in their personal injury legal claims for nearly a century. They have offices located throughout Central Virginia in Richmond, Petersburg, Mechanicsville, Fredericksburg, Chesterfield, and Garrisonville. The new Charlottesville office will open in early 2008 on Rio Hill Center across from Lowes.

On May 13, 2008, at the Glen Allen Cultural Arts Center in Richmond, VA, Allen and Allen awarded fifteen deserving high school seniors with the Allen Law Firm Scholarship.  The Firm’s Scholarship Program is designed to recognize students who have overcome unusual obstacles or special challenges, in addition to achieving high standards of community service and academic performance. This year Allen and Allen received over 265 applications and from those, fifteen remarkable young men and women from fourteen high schools were chosen as recipients.  From Emily Krause, co-chair of the 2008 Scholarship Committee, "It is amazing to meet these young adults who have achieved so much when the odds were against them. It has been an honor to be part of such a worthwhile program."

Congratulations to:

• Kristin Beale from Deep Run High School in Glen Allen, Virginia
• Tod’shena Coles from Open High School in Richmond, Virginia
• Mary Cooper from Mountain View High School in Fredericksburg, Virginia
• Martel Cotman from Charles City High School in Charles City, Virginia
• Amanda Graham from Central Senior High School in Keysville, Virginia
• James Harding from Hanover High School in Mechanicsville, Virginia
• Jacqueline Hieber from Turner Ashby High School in Bridgewater, Virginia
• Rebecca Layne from Tabb High School in Yorktown, Virginia
• Ashley McHaney from William Campbell High School in Gladys, Virginia
• Christina McLeod from Chancellor High School in Fredericksburg, Virginia
• Amanda Marchiano from Colonial Heights High School in Colonial Heights, Virginia
• Joseph Roberts from Manchester High School in Midlothian, Virginia
• Ashley Ryman from Strasburg High School in Front Royal, Virginia
• Christopher Sellick from William Campbell High School in Gladys, Virginia
• Timothy Toler from Powhatan High School in Powhatan, Virginia

This was the seventeenth year for the Firm's scholarship program. The Allen Law Firm Scholarship Program was established to honor the Firm’s founder, George E. Allen, Sr., who overcame significant challenges in his youth before putting himself through college and law school. He went on to become one of the Commonwealth’s top trial attorneys and established one of the premier personal injury law firms in the state.

For more information about the Allen Law Firm Scholarship and how to apply next year, click here.

On October 22, 2007 Yates C. Moon became the first recipient of the Allen Law Firm’s George E. Allen Jr. EMS Scholarship for Virginia Commonwealth University Medical Center’s Paramedic Program. Named after one of the firm’s founders, this scholarship is granted to an outstanding individual in the Emergency Response Service (ERS) field who is pursuing Paramedic certification and who embraces a "Service Above Self" attitude.

The Charlottesville, Virginia resident was selected above all other candidates for her drive to make a difference to the injured and her dedication to becoming a Paramedic.
Currently working as an EMT for the Tuckahoe Volunteer Rescue Squad, the University of Richmond graduate lives the "Service Above Self" motto - With a goal of attending graduate school in nursing or medicine, she hopes to someday bring medical care to the underprivileged. After completing the Paramedics Program, Moon plans to travel to Africa with the Peace Corp.

Barbara Sensabaugh, EMT and Claims Consultant with Allen & Allen sums up the motivation behind offering the scholarship - "This program is a way to promote Paramedic certification while demonstrating our appreciation for those who spend countless hours serving the public in this life saving role. We are committed to helping victims of accidents and the people who serve them."

The EMS scholarship covers the cost of tuition and book for one exemplary student at the center for Trauma/Critical Care Education at VCU Medical Center. Applicants must demonstrate financial need, a record of public service and present a personal essay explaining how they personify "Service Above Self".

About George E. Allen, Jr. - As a distinguished trial lawyer in Virginia and one of the founders of Allen, Allen, Allen and Allen, he served for 28 years in the Virginia House of Delegates where he helped enact laws that continue to safeguard the rights of injured victims today. He practiced law with Allen & Allen for more than 55 years and made "Service Above Self" his life ambition.