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Personal Injury, Medical Malpractice, and Insurance Disputes Case Results

Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case. Nor does it mean that we win all of our cases - we don't. Our clients tell us that knowing that we have achieved significant results, both by settlement and by jury verdict, is one factor that many of them used to decide to hire us. You certainly should ask any prospective attorney whether he or she has obtained significant verdicts and settlements but the decision to hire an attorney should not be made on this factor alone. We would be more than happy to discuss any of these cases, and many others, with you.

Car Accidents and Personal Injury Cases in Virginia

Settlement for man killed when he hit unlit tow truck

Personal Injury

Award for Leg Severely Fractured by Falling Carpet
Verdict Against Fairfax County Deputy Sheriff
$300, 000 Settlement for Fibromyalgia Caused by Car Crash
$100,000 Verdict Against State Farm Insured In Auto Case
Auto Accident--Bad Leg Fractures
Auto Accident--Broken Nose and Assorted Contusions
$866,000 Trucking Accident Verdict

Medical Malpractice

$3.97 Million Dollar Verdict Against Local Urologist
Award Against Manassas Surgeon
Settlement for undiagnosed broken neck
Fredericksburg Jury Awards $305,000 in medication error case
Missing Sponge Found!
Settlement Against Doctor and His Company Who Had Dared Patient to Sue Them
Pro Bono Effort Successful-Supreme Court Orders New Trial in Cancer Malpractice Case Against Physician

Disability Insurance Claims

Partial Disability Claim for Fibromyalgia
Fairfax Retirement Board Backs Down
Disability Benefits Obtained after Another Attorney Handled the Case Without Success for Two Years

Legal Malpractice

Arbitration Award Against Attorney

Insurance Claim Denial

Infertility Benefits From Blue Cross
Settlement Against Local HMO--Company Must Pay for Surgery and Patient's Attorney's Fees

Representative Verdicts

Verdict Against Hip Surgeon

Miscellaneous

Settlement for Man Crushed by Garage Door

Car Accidents and Personal Injury Cases in Virginia

Settlement for man killed when he hit unlit tow truck

Our firm, together with my friend, Rob Jenner, of Janet, Jenner and Suggs, of Baltimore, Maryland represented the family of a 74 year old man killed when he drove his car into the back of a tow truck that had stopped in the "fast lane" of southbound 495 in Prince George's County, Maryland.

The decedent was survived by a wife of almost 50 years and three adult children.

The case was filed in the Circuit Court of Fairfax County but, because it occurred in Maryland, it involved the application of Maryland law. The Virginia court ruled, however, that Maryland's "cap" on pain and suffering damages did not apply to this case.

Rob Jenner and his associate, John Cord, are to be commended for taking the laboring oar in this case which settled on the the third day of trial for an all cash payment of $2,000,000.

Personal Injury

Award for Leg Severely Fractured by Falling Carpet

Mr. Glass' client was a woman who had her leg severely fractured when a roll of carpet fell on her while she was shopping in a carpet store. She had to have two surgeries to repair the leg and it took her many months to recover.

We contacted the insurance company after she asked us to represent her and we tried to settle the case without filing a lawsuit. The insurance company refused to settle the case and refused to make any offer whatsoever until one month before trial, even though they agreed that they were responsible. Their only offer of $75,000 was refused and the case was tried in Federal Court in Harrisonburg, Virginia. The jury awarded $390,000. The insurance company did not appeal the verdict.

Verdict Against Fairfax County Deputy Sheriff

Our client was a young man driving a motorcycle. He was severely injured when a deputy sheriff negligently pulled out in front of him. The county offered no settlement, relying on the fact that they felt the deputy was immune was suit. The jury awarded our client $375,000 and the county appealed the case to the Supreme Court of Virginia. Mr. Glass argued the case and the Court held that deputy sheriffs were not immune from suit for their negligence in simple driving situations. This was a very important victory for citizens of Virginia.

$300, 000 Settlement for Fibromyalgia Caused by Car Crash

In August we settled a very important case involving a 32 year old woman who developed fibromyalgia following an automobile accident. She was injured in an accident at Tyson's Corner, Virginia. She was seen and released in the emergency department and then followed up with a chiropractor, an osteopath and an orthopedist. She never got better and eventually saw over 23 doctors and other health care providers, inluding at least five rheumatologists. Each of the rheumatologists diagnosed her as suffering from fibroymyalgia. She developed severe "all body" pain and ultimately needed a wheelchair to travel outside of the house. The defense experts were of the opinion that this was "only a strain" and that she needed no additional treatment. Although the defendant had only $50,000 in insurance, our client was well protected by "underinsured" automobile insurance and we were able to settle her case on the morning before trial.

$100,000 Verdict Against State Farm Insured In Auto Case

In August, 2000, an Arlington County jury awarded our client $100,000 in a case in which the insurance company had offered just $25,000. Our client, a navy captain, had been injured when hit from behind in an automobile accident. She was treated for her injuries but continued to have neck pain two years after the accident. We proved that she had to give up a major command in the Navy and ultimately had to resign from the Navy because her pain interfered with the physical fitness requirements. She had about $4,000 in medical bills.

Twenty days before trial State Farm admitted liability for the crash. Despite the fact that there was no legitimate defense to the case, State Farm waited until the day before trial to offer our client any money to settle the case. We immediately rejected State Farm's offer and went to trial.

This case demonstrates, once again, that the insurance companies will always hold onto the money, no matter what the merits of the case, until you take it from them in trial. If your lawyer is not willing to go to trial in good cases, you will never be offered true value in your case.

Auto Accident--Bad Leg Fractures

Type of Case - Negligence

Name of Case - Wilcox v. Parker

Judge or Jury - Judge

Name of Judge - Robert Wooldridge

Special Damages - $18,300 past medical bills; $27,000 future prescription costs

Court / Case Number - Fairfax County Circuit Court / 190256

Damages Awarded / Settled - Awarded

Amount - $160,000

Attorney for Plaintiff - Benjamin W. Glass III

Insurance Carriers - Allstate ($100,000 coverage); USAA UIM ($200,000 coverage)

Other Useful Information - This was a head-on collision caused when defendant, 79, leaned down to fix her shoe. He crossed the center line and hit plaintiff, causing substantial property damage to both vehicles. Defendant admitted liability and withdrew all of her affirmative defenses prior to trial.

At the time of trial, plaintiff was fairly active, playing tennis and traveling overseas.

Plaintiff, 51, suffered fracture dislocations of several metatarsals (foot bones) and, after 18 months of conservative treatment, underwent surgery for placement of three metal screws to achieve a fusion of her foot. She has a 30 percent permanent partial disability of her foot. She also suffered a knee injury and a facial burn (from the airbag), both of which resolved within a matter of weeks. She still has persistent pain in her foot from traumatic arthritis, and she wears orthotics to relieve the pain. She also takes anti-arthritis medication and likely will do so for the rest of her life.

Since defendant was a widow and owned her own home with substantial equity, plaintiff offered to settle the case for defendant's policy limits of $100,000. That offer was conditioned on acceptance before defendant's expert witness designation was due.

Allstate made a $50,000 "take it or leave it" offer. Defendant's expert fully agreed with all of plaintiff's treatment, the nature and extent of her injuries and the assessment of the permanent disability. Allstate never increased its offer. The underinsured motorist carrier (USAA) refused to get involved in negotiations because Allstate never made a policy limits offer.

Plaintiff called Mark Myerson, M.D. of Baltimore, who had performed the surgery. He testified by videotape. Defendant used Robert Nirschl, M.D., who actually (because the case had been nonsuited earlier) did two defense examinations. He examined plaintiff both before and after her surgery. He filed two reports strongly supportive of plaintiff, both of which were admitted into evidence at the trial.

Auto Accident--Broken Nose and Assorted Contusions

Type of Action - Automobile Accident - Gap in Treatment

Type of Injuries - Broken nose and assorted contusions. Plaintiff had a full recovery after nasal surgery. Herniated disk which was disputed.

Name of Case - Jordan v. Seifu

Court/Case No. - Fairfax County Circuit Court; Law 174550

Judge or Jury - None

Special Damages - $5,611 in first three months after accident. Then there was an 18-month gap followed by $3,239 in diagnostic and physical therapy care.

Awarded or Settled - The case settled about three weeks prior to trial.

Amount - $45,000

Attorney for Plaintiff - Benjamin W. Glass III, Fairfax

Defendant's Expert - Herbert Lane Jr., M.D.

Insurance Carrier - Allstate (primary); Farm Bureau (UIM coverage)

Other Useful Information - Plaintiff was hit head-on by defendant on Oct. 14, 1996. Defendant had crossed the center line and plaintiff alleged that defendant deliberately crossed center line so as to not be inconvenienced by truck which had temporarily blocked his lane. Plaintiff sought punitive damages for defendant's alleged willful conduct.

The defendant never participated in discovery and was fined for not appearing at his deposition.

Plaintiff was treated for a broken nose and assorted bruises in initial three-month period. There was then a gap of approximately 18 months during which plaintiff did not seek medical care although her back continued to hurt. A herniated disk was subsequently found. This was a non-surgical disk. Plaintiff contended the disk was related to the accident and defendant argued that no mention had been made of the back pain in first three months of accident.

Defendant sent plaintiff to a defense examination by Herbert Lane Jr., M.D. The doctor's report stated, "I do feel this herniation by history is associated with the accident of October 14, 1996, and I do feel that she will require some future treatment for that condition."

Two weeks later Dr. Lane filed an "addendum" to his report wherein he stated that he was in error in associating the herniation with the accident. He claimed that he had now "more carefully" evaluated her complaints and the medical records and determined that there was no causal relationship between the disk and the accident.

Plaintiff filed a motion to strike the "addendum" and that motion was pending when the case settled. Plaintiff had previously successfully opposed a defense motion for an Ear, Nose and Throat defense medical examination on the basis that defendant had not shown good cause for the examination.

$866,000 Trucking Accident Verdict

JURY AWARDS $866,000 TO MANASSAS MAN INJURED WHEN 18-WHEELER SLAMMED INTO STOPPED VEHICLE

FAIRFAX, Va., Sept. 9, 2003 _ A Fairfax County jury has awarded a Manassas man $866,000 for injuries he received when a 35-ton tractor-trailer rig hauling contaminated lead waste slammed into the stopped minivan in which he was a passenger.
The jury reached the verdict late Monday in favor of William James, 56, an auto mechanic and business owner, whose hip “was so badly broken that his orthopedic surgeon was not able to fit all of the pieces back together when it was first repaired," said James' attorney, Benjamin W. Glass, III, of Fairfax.
James, co-owner of Evergreen Auto Repair in Haymarket, Va., was a passenger in a minivan that was stopped to make a turn on James Madison Highway - Route 15 - in Haymarket when he was struck by the 18-wheeler. The truck was carrying contaminated lead waste for Envirite, Inc., a Canton, Ohio, corporation that specializes in the recycling of contaminated solids and debris.
James has undergone two major surgeries and faces the prospect of at least three additional surgeries over his lifetime, Glass said.
“This man lives in pain every day and it is only going to get worse for him in the future," Glass said. "Route 15 is one of the most dangerous highways in Virginia in terms of tractor-trailer traffic … something needs to be done about safety on that road."
The accident occurred in December 2000, when the tractor-trailer, driven by Harold Wood of Spring Grove, Pa., slammed into the rear of a construction van that had slowed to turn into a restaurant on Route 15. That collision pushed that vehicle several hundred yards down the road and sent the tractor-trailer over the dividing line of the highway and head-on into the minivan. One other person was injured in the accident.
Envirite denied that its driver was responsible for the accident despite Wood's testimony at trial that he had pleaded guilty to improper driving in traffic court and “accepted full responsibility” for the accident.
The jury deliberated about 30 minutes before delivering its verdict, which with prejudgment interest, totals $866,000.00. The one-day trial was heard before Circuit Court Judge Robert W. Wooldridge, Jr.

Medical Malpractice

$3.97 Million Dollar Verdict Against Local Urologist

A Federal Court jury in Alexandria, Virginia awarded one of Mr. Glass' clients nearly four million dollars against a local urologist. The case, Williams v. Schwartz, represents one of the largest medical malpractice verdicts in Virginia.

In that case the plaintiff had gone to the doctor for implantation of a penile prosthesis. The plaintiff had been impotent due to vascular insufficiency and diabetes. Mr. Williams alleged that the doctor, in addition to performing the implant surgery, attempted to do a penile lengthening procedure on him without ever telling him! It turned out that this was the first penile lengthening procedure the doctor had ever done. The plaintiff alleged that the lengthening procedure lead to further diminution of blood supply to the penis and eventual loss of the penis in its entirety.

What the patient did not know at the time that he saw the doctor was that he had a history of malpractice claims and verdicts and that his license had previously been revoked by the Commonwealth of Virginia and that his privileges at area hospitals were either non-existent or limited. Further, the doctor had no insurance to cover the claim!

Unfortunately there is no easy way to find this information in Virginia.

Award Against Manassas Surgeon

A June case involved a botched hernia repair done by a Manassas surgeon. His negligence caused a severe nerve injury to a 44-year-old man. The injury caused chronic and permanent pain to his abdomen, groin and scrotum. Despite the fact that we retained good expert witnesses to explain to the jury how this tragedy could have been prevented, the insurance company made no offer whatsoever. This case went to trial in the Federal Court in Alexandria Virginia. After the jury deliberated over 11 hours, they returned a verdict in the amount of $750,000.

Each case is different and the fact that significant damages were awarded in these cases is not a representation that similar results can be achieved in other cases.

Settlement for undiagnosed broken neck

In July we reached a settlement on behalf of a 73 year old gentleman who's broken neck went for undiagnosed for over 24 hours in the hospital. Our client had been involved ina minor car accident and complained of back pain. He was taken to the hospital where CT scans were ordered of his head and chest, but not his back. Later, he began to complain of neck pain, yet no health care provider recognized this very serious sign of a potential spinal cord injury. Our client became paralyzed about 28 hours after he was admitted to the hospital. A settlement was reached with the defendant shortly before trial. This gentleman died several months later of unrelated conditions.

Fredericksburg Jury Awards $305,000 in medication error case

In August, 2000, a Fredericksburg jury awarded over $300,000 against Mary Washington Hospital. Our client had presented to the emergency department and had been given Demerol and Phenergan for pain and nausea. He had a clear reaction to these medications and had a respiratory arrest. He was immediately revived but should not have been given the exact same drugs several hours later. Unfortunately, the hospital had a system in place whereby the emergency department doctor would dictate a note that would not be placed in the patient's file for over 24 hours. There was not requirement that the doctor make a note in the chart about the medication reaction.

As a result of this carelessness, the patient received the same drugs just hours later, after complaining of more pain. This time he had a far more serious respiratory arrest, and, according to his doctor, almost died. He underwent 30 minutes of CPR and suffered a lacerated spleen and liver. He spent several weeks in the hospital in very serious condition. He about $75,000 of medical bills.

The most the hospital ever offered was $100,000. It took the jury just 2 1/2 hours to reach its verdict.

After this case, our client wrote us:

We've been totally satisfied with everything--I was particularly impressed with the way that you pulled everything together--selecting the appropriate witnesses, etc. ...Several people have commented on how they were glad that someone has taken this action. The feel the hospital needed to be made aware of the need to re-look at internal operating procedures.

Missing Sponge Found!

Our client had undergone colon surgery in a hospital in the western part of the state. He was schedule to be hospitalized for about 5 days but when he did not recover as he should have efforts were made to find out why. The surgeon eventually watched a videotape of the surgery and noticed that he had not retrieved the same number of sponges that he had used in the surgery. This mishap necessitated another operation and more days in the hospital. The surgeon and hospital contributed to a settlement of $60,000 in this case.

Settlement Against Doctor and His Company Who Had Dared Patient to Sue Them

A woman delivered a baby and during the delivery, several sponges were used to stop bleeding. One of the sponges was left inside the woman and, for three weeks, she complained to her doctor's office that she had terrible pain and a foul odor. The doctor's office repeatedly gave poor advice over the phone and it was not until the patient insisted that she be seen that the sponge was discovered. To add insult to injury, the doctor and his office offered to settle the case for $2,500 and told the woman that no lawyer would represent her.

The patient was referred to us by another lawyer who had heard of our success earlier this year against INOVA Fairfax Hospital in a "sponge" case. We accepted the case and filed it. Almost immediately the doctors lawyer called us up and wanted to settle the case. A few weeks later we had negotiated a $20,000 settlement on behalf of the woman.

Pro Bono Effort Successful-Supreme Court Orders New Trial in Cancer Malpractice Case Against Physician

On September 17, 1999, the Supreme Court of Virginia ordered that a new trial be held for women who had previously lost her breast cancer malpractice case. In this case a physician had allegedly failed to diagnose breast cancer in a woman who had returned to his office to re-check a breast lump. At the return visit he told her it was not cancer and that she had nothing to worry about. She was still bothered by the lump but did not argue with his diagnosis. At trial, the physician and his lawyers blamed the woman. They claimed that she was contributorily negligent.

Mr. Glass first heard about the case after the trial had been lost. Incensed that a doctor would make such an argument, and that a judge would allow the argument to be made, he agreed to represent the woman, for free, on her appeal. In ruling in the woman's favor, the Supreme Court said that there was a special relationship between a patient and a doctor and the patient has a right to put her faith and trust in the doctor.

Disability Insurance Claims

Partial Disability Claim for Fibromyalgia

The plaintiff was a 49-year-old Northern Virginia businessman who had a private (non-ERISA) long-term disability insurance policy with Penn Mutual for many years. In 1980 he began to complain of chronic m U.S.C. le stiffness and pain. In 1995 he had an automobile accident and was later diagnosed with fibromyalgia. This was confirmed by his primary care physician and a rheumatologist.

He submitted a claim for "partial disabilty" with Penn Mutual, who began paying partial monthly benefits. In 2002 the company had an independent medical examination done by Dr. Ross Myerson, of Maryland, who opined that plaintiff had no trigger points diagnostic of fibromyalgia and that he had simply made a "lifestyle choice" to cut back on the hours that he worked.

In 2003 the insurance company sent the plaintiff an "activities log" in which the insured was told to track his activities for the week. At the same time video surveillance was ordered by the insurance company. The insurance company then claimed that the video was not consistent with the self report of activities. Penn Mutual refused to produce the video or any claim file and threatened to close the claim and terminate the disability payments. After an initial offer of $166,000, the parties agreed to a lump sum buyout of the policy for $300,000, and the case was settled before litigation began.

Type of Action — Insurance

Type of Injuries — Fibromyalgia leading to partial disability

Name of Case — Steiner v Penn Mutual Life Insurance Company

Court / Case No. — Settled before litigation

Special Damages — Benefits of $5,790 per month

Awarded / Settled — Settled

Amount — $300,000

Insurance Carrier — Penn Mutual Life Insurance Company

Fairfax Retirement Board Backs Down

We are convinced that insurance companies and other entities that control retirement benefit money will stop at nothing to deny payment to those in need of benefits. We say that because, on many occasions, we are able to reverse a denial of benefits shortly after becoming involved in a case.

We recently had the opportunity to assist a young lady who had been receiving retirement benefits under the Fairfax County Supplemental Retirement System for over 16 years for an injury she received in 1983. Suddenly, her checks were cut in half and she was given no explanation for this change. Certainly her physical condition had not changed. The Retirement Board’s own records conceded that she remained disabled.

What happened?

The Retirement Board relied on a law change that had occurred recently. That change permitted the Board, under certain circumstances, to curtail benefits—even though there had been no change in the claimant’s condition.

Is the Board allowed to rely on a law change to alter benefits under these circumstances?

The clear answer is that they cannot. We pointed out to the Board that once benefits began the claimant’s rights became vested and constitutionally protected. The law can change—and this can effect a future claimant’s rights—but the government cannot change the law to affect rights that are already in existence.

Once we pointed this out to the County—and appeared at a hearing to defend our position—they reinstated benefits.

If you have a question about insurance or retirement benefits, please call us.

Disability Benefits Obtained after Another Attorney Handled the Case Without Success for Two Years

Our self employed client became disabled several years ago and applied to a major disability insurance company for benefits. Benefits were denied. The client went to an attorney who ran a full page ad in the telephone book. The ad listed many different areas of law that the attorney claimed expertise in. He took the client’s money and basically did nothing for the next year and a half. When suit was filed he included many claims that are invalid under Virginia law. These claims only made the insurance company dig in their heals. The client came to us after deadlines for disclosing expert witnesses had passed and after the court had dismissed the invalid claims. We took over the case, gave the client an honest and informed evaluation and had the case settled within two weeks. See a checklist of things you can do to make sure that you are hiring the best attorney for your case.

Legal Malpractice

Arbitration Award Against Attorney

Corporation v. Local attorney: tax attorney gave bad tax advice to a corporation. The IRS audited the return, found the error and assessed back taxes, interest and penalties. The attorney and his insurance carrier refused to settle the case. We sued the lawyer. Offer before filing suit $0. Arbitration award: $98,000.

After the case concluded, our client wrote:

It was indeed a pleasure having you represent us in this matter. We could not have hoped for better results. We felt very comfortable with you from the very first time we met and were very, very confident that you would always act in our best interest. ..You can rest assured that if anyone inquires about your abilities and professionalism, we will be happy to give you the highest recommendation possible without any reservation.

Insurance Claim Denial

Infertility Benefits From Blue Cross

We recently represented a couple who sought infertility benefits from Blue Cross. They thought that they were being treated unfairly by the big insurance company. The Blue Cross policy provided for infertility benefits under certain circumstances. One reading of the policy required the couple to demonstrate a five year history of infertility before benefits would be paid. We convinced the insurance company that their policy was ambiguous as a matter of law. Under general insurance law, if an insurance policy is ambiguous, it must be read in the manner most favorable to the customer. We convinced Blue Cross that they would lose in court and they promptly granted the benefits. A careful reading of the insurance contract by an experienced attorney is important in assessing any dispute with an insurance company.

Settlement Against Local HMO--Company Must Pay for Surgery and Patient's Attorney's Fees

We were successful in achieving a settlement on behalf of a woman who was a member of a local HMO. After finding out that she needed extensive oral surgery, she asked the HMO if she was covered. The policy she had been issued clearly covered the surgery and her doctors advised the HMO that the surgery was necessary. The HMO, however, denied the coverage and offered as its excuse that their claim manual said the surgery was not covered. Before filing suit, we pointed out that the claim manual and the insurance policy were different and that in this case the policy should rule (after all, this is what the customer paid for.) The HMO still declined to pay for the surgery.

We filed suit under a Virginia law that allows a patient to sue the HMO and ask the court to read the policy to determine who was right. That law allows a patient to recover her attorney's fees if she is successful. As soon as the HMO's lawyers read the lawsuit they called up and offered to settle the case. The realized that the claims adjuster was completely wrong. The surgery was authorized and the company agreed to pay all of the attorneys fees.

Our experience is that insurance companies and HMO's routinely deny claims unjustifiably. They know that only about 1 person in 25 will go to an attorney and they know that there are not that many attorneys who will take these insurance denial cases. Even though they paid in this case there are countless others in which the patient has not fought for her rights.

Representative Verdicts

Verdict Against Hip Surgeon

Our client was a 67 year old woman who came under the care of the the surgeon for replacement of a previously implanted artificial hip. The surgeon removed the old implant and replaced it. Shortly after surgery, she developed a wound infection and when the surgeon attempted to remove the prosthesis her femur fractured, making removal impossible. At the time of trial she suffered from chronic osteomylitis (deep bone infection and was confined to a wheelchair.

A federal jury in Alexandria awarded her $500,000. There were no attempts by the defendant or his insurance company to try to settle the case before trial.

Miscellaneous

Settlement for Man Crushed by Garage Door

Our 42 year old client was on a delivery to a factory in the western part of the state when a 500 pound garage door broke and fell on him, hitting him on the shoulder. The force of the impact caused fractures to his shoulder, ribs, back, femur and heel. He was hospitalized and then was off work for over one year. When he returned to work he was able to do so on a part time basis and it is expected that he will eventually have to change jobs to accommodate his inability to fully bear weight on his injured heel. His past medical bills were about $60,000 and it is likely that he will need surgery in the future. He had lost about $35,000 in wages and it was projected that his future wage loss would amount to about $280,000 due to the need to work only part time and then eventually change jobs. The case settled one week prior to trial.

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