Virginia Injury Law Blog

On Friday, November 14, 2008, after deliberating for approximately six hours following five days of testimony, a Rockville, Maryland, jury found Dr. Michael Albert, formerly with the dermatology practice of Norman A. Lockshin, M.D., P.A., liable for attorney Richard Semsker’s death from malignant melanoma and awarded damages to the patient’s family in the amount of $5.8 million. Melanoma is a cancer of the cells that produce melanin, the pigment that colors the skin. According to the American Cancer Society, about 62,000 Americans are diagnosed each year with melanoma and about 8,000 die from the disease.

The Semsker family was represented by Norfolk attorney, Jonathan L. Thornton, Esq., of the law firm Pierce & Thornton, PLC, and Patrick A. Malone, Esq., of Patrick Malone & Associates, in Washington, D.C.

“This was a tragic story about a good man and a responsible patient who was dropped through the cracks by his physicians. He could have been saved at any point during a six year period, but there was a total breakdown in communication between his physicians,” stated the Semskers’ attorney, Jonathan Thornton.

Continue reading "Failure to Diagnose Skin Cancer/$5.8 Million Verdict in Wrongful Death Case" »

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Posted In: Wrongful Death

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Although a recent tractor trailer crash that killed three women occurred outside of Virginia, the case raises interesting issues regarding punitive damages. A Missouri jury found a truck driver negligent in rear-ending a line of stopped traffic, but while the jury was considering whether to award punitive damages, the trucking company settled the case with the families of the women who died in the crash.

In Virginia, punitive damages can be awarded to punish a defendant for conduct that is so reckless or negligent that it amounts to a conscious disregard of the rights (or safety) of others. But no matter how reckless or indifferent a company’s or individual’s actions are, punitive damages in Virginia are capped at $350,000. In other words, the trucking company defending the same lawsuit mentioned above in Virginia would not have had the same concern about punitive damages that they had in the Missouri court. Placing a cap on punitive damages’ awards strips a jury of the ability to condemn and punish outrageous behavior by a defendant that causes death or serious harm to an individual or his family. $350,000 in punitive damages to a large corporation does not send much of a message about the need to hire better drivers or engage in safer practices.

Continue reading "Trucking Company Settles Wrongful Death Case" »

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

Posted In: Trucking Accident , Wrongful Death

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