Medical Malpractice Defense Trial Verdicts:
Defense verdict for obstetrician sued for $2m in case involving shoulder dystocia delivery and brachial plexus injury. (Prince William Circuit Court) (2019)
Defense verdict for surgeon sued for $5m in case involving complications from hemorrhoidectomy. (Petersburg Circuit Court) (2018)
Defense verdict for urologist sued for $3.5m in case involving bowel perforation and injury during laparoscopic robotic prostatectomy. (Richmond Circuit Court) (2015)
Defense verdict for gastroenterologist sued for $3m in case involving complication during upper endoscopy leading to cardiac arrest and death. (Richmond Circuit Court) (2015)
Defense verdict for cardiologist sued for $2.5m in case involving complications from catheterization procedure leading to stroke, neurologic injury and profound disability. (Henrico Circuit Court) (2015)
Defense verdict for emergency medicine physician sued for $2m in case involving death of a patient with a bleeding disorder who experienced intracranial hemorrhage following discharge from hospital. (Norfolk Circuit Court) (2015)
Defense verdict for internal medicine physician sued for $2m in case alleging failure to properly test and timely diagnose prostate cancer. (Henrico Circuit Court) (2014)
Defense verdict for dentist sued for $1m in case involving TMJ. (Louisa Circuit Court)(2010)
Defense verdict for obstetrician / gynecologist sued for $2m in case involving placental abruption and stillbirth delivery. (Fredericksburg Circuit Court)(2010)
Defense verdict for anesthesiologist sued for $3m in case involving intraoperative aspiration pneumonia, ARDS, and death. (Richmond Circuit Court)(2009)
Defense verdict for gastroenterologist sued for $25m in case involving alleged failure to detect cardiomyopathy leading to death. (Chesterfield Circuit Court)(2008)
Defense verdict for general surgeon sued for $2m for common bile duct injury during gallbladder surgery. (Richmond Circuit Court)( 2006)
Defense verdict for obstetrician / gynecologist sued for $1.7m for development of Asherman’s syndrome following D&C. (Virginia Beach Circuit Court)(2005)
Notable Published Opinions:
Ruth v. Mamirez, 2015 Va. Cir. Lexis 57 (holding certain hospital investigative documents privileged from discovery)
Glass v. Baquero, 2013 U.S. Dist LEXIS 56960 (granting dismissal of federal court action in favor of pending state court action regarding surgical complication)
Kone v. Wilson, 272 VA 59 (2006)(finding that an administrator cannot bring a wrongful death case pro se)
Venters v. Mary Immaculate Hospital, 2000 Va. Cir. LEXIS 655 (granting protective order prohibiting ex parte contact by plaintiff’s counsel with current or former employees of defendant hospital)
United States v. Robinson, 1997 U.S. App. Lexis 8885 (upholding conviction of drug and firearms offenses)
Notable Recent Criminal Defense Case Results
Obtained sentence of probation for healthcare provider facing possibility of substantial prison sentence in federal drug case (2019).
Not guilty verdict after bench trial for health care administrator client charged personally with criminal fire code violations at an assisted-living facility in Virginia state court.
Negotiated misdemeanor plea agreement on behalf of health care provider client charged in Virginia state court with 10 felony counts of practicing medicine with a revoked license.
Negotiated agreement from prosecutor resulting in dismissal of all charges for client facing three felony drug possession and distribution charges in Virginia state court.
The Virginia State Bar Rules of Professional Conduct require all attorneys to make the following statement and disclaimer when sharing case results. Case outcomes, verdicts, and settlements in all cases depend on the specific factors and unique circumstances in each case. Therefore past results in cases are not a guarantee or prediction of a similar result in future cases handled by the Byrne Legal Group.