Virginia Injury Law Blog

A medical malpractice lawsuit filed under the Federal Tort Claims Act (FTCA), which allows people to sue the federal government for medical malpractice committed at federally funded clinics, was recently decided in favor of the family of a 6-year-old boy who suffered brain damage at birth. As a result of the brain damage injury, the child was rendered a quadriplegic with cerebral palsy. The lawsuit was brought in federal court against the U.S. Government because the negligent doctor worked for a federally funded clinic. The $29.1 million verdict will be off-set by a $6.5 million settlement previously reached with the hospital.

Other claims allowed under the FTCA include those brought by dependents of active duty military members (active duty military personnel cannot sue the government for medical negligence at this time) who are injured or die as a result of medical malpractice by military medical personnel. The attorneys at Pierce & Thornton have successfully handled medical negligence cases against the federal government and have experience in federal court, which is where FTCA cases must be filed. If you have questions regarding potential malpractice committed at a VA facility or other federally funded clinics, call one of our attorneys at Pierce & Thornton for a free consultation.

Posted by Anthony Gantous | Permalink | Email This Post

Posted In: Birth Injury , Brain Injury , Federal Tort Claims Act , Medical Malpractice , Personal Injury , Wrongful Death

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Doctors and other healthcare professionals in Virginia and around the country were recently notified of a new program launched by the U.S. Food and Drug Administration aimed at reducing the likelihood of preventable harm from medication use. The “Safe Use Initiative” was started because “too many people suffer unnecessary injuries from avoidable medication misuse, errors and other problems,” said FDA Commissioner Margaret A. Hamburg, M.D.

Millions of people are harmed every year from inappropriate pharmaceutical drug use. Many injuries occur as a result of incomplete access to information about a drug, a patient, or the patient’s condition. “Only through coordinated interventions across all sectors of the health care system can we substantially reduce preventable injuries from using medications,” said Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research. "All participants in the health care community have a role to play in reducing the risks and preventing injuries from medication use.”

The FDA highlighted several risk-reduction projects that may benefit from Safe Use collaborations, including evaluating consumer medication information, communicating about the risk of inadvertent overexposure to acetaminophen, implementing safeguards against surgery fires caused by alcohol-based surgical preps, and avoiding contamination of multiple use medication vials.

Pierce & Thornton has handled numerous cases throughout Virginia, including cases in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore involving physician and pharmacist negligence in prescribing and/or distributing pharmaceutical drugs. We encourage you to contact our firm if you, a family member, or friend were harmed after being prescribed the wrong drug or taking an incorrect dose of medication.

Posted by Anthony Gantous | Permalink | Email This Post

Posted In: Birth Injury , Federal Tort Claims Act , Medical Malpractice , Personal Injury , Wrongful Death

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A jury recently awarded nearly $20 million to a child and his parents. The medical negligence did not occur in Virginia, but in New York. The child was born in 1998 with cerebral palsy after an oxygen-deprived delivery which resulted in the child being born lifeless. The doctor who delivered the child yanked at his head with forceps for over 20 minutes during the delivery and then another doctor inserted a breathing tub into the baby’s esophagus, rather than into his windpipe. As a result the baby had oxygen pumped into his stomach rather than his lungs, which further delayed the child’s resuscitation. Also, the mother sustained severe injuries during the delivery that required five surgical repairs to her vaginal area and rectum.

Had this egregious care with its horrific consequences occurred in Virginia, the maximum amount recoverable by this family would have been $1.5 million. No matter how egregious the care, or much long term care this child required at whatever cost, or how great the medical bills for the mother’s surgeries post-delivery, more than ten times LESS money would have been the maximum they could have recovered in Virginia. It is precisely this type of case which underscores the unfairness and harsh consequences of the medical malpractice cap for those most seriously injured by medical negligence in Virginia.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Birth Injury

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