The plaintiff, Shannon E. Taylor, was awarded $3 million in a Virginia medical malpractice lawsuit. The plaintiff’s attorneys, Barbara S. Williams, Cory R. Ford and Roger T. Creager, should be congratulated for the success with this case.

Dr. Katherine Averill and Winchester Womancare were found liable for Ms. Taylor’s injuries that were sustained during a hysterectomy in July 2007.  The surgery was performed at Winchester Medical Center.  According to the complaint that was filed, Dr. Averill “negligently, grossly negligently and recklessly breached her duty of care to the Plaintiff Taylor” during and after Ms. Taylor’s procedure.

Dr. Averill was accused of using material from the anterior rectal wall instead of peritoneal tissue, to repair the vaginal cuff after Ms. Taylor’s uterus was removed.  As a result, the plaintiff suffered lacerations and other injuries.

The lawsuit also states that before completing the procedure, Dr. Averill didn’t sufficiently determine suture placement.  Supposedly, she also didn’t take appropriate steps to “follow up with, treat and timely remedy Taylor’s condition, status and injuries.”
Fairfax lawyers, Richard L. Nagle and Tracie M. Dorfman, are representing the defendants.  According to Mr. Nagle, they will likely file a motion to set aside the jury’s verdict or reduce the jury award, so that it falls within the statutory limit.

Unfortunately, this lawsuit is another example of a malpractice victim who will be robbed because of Virginia’s statutory cap on medical malpractice damages.  Despite the fact that the jury decided on a number that they believed would be fair for the victim, the law will prohibit her from seeing that full amount.

The verdict, awarded against Barry Walter, M.D. and Virginia Surgery Associates, was later reduced to $1.85 million to comply with Virginia’s “doctor and insurance company protection” law.

The patient was a single mother who left a 17 year old daughter. The case involved the alleged misuse of a device known as a Autosuture ProTracker. It was alleged that this device ruptured a vein near the heart, causing bleeding, followed by cardiac arrest.

The defendant denied any responsibility and there was no offer made on behalf of the defendants before trial.

The case was handled by attorneys Michael Shevlin and Tom Smith.

Remember. Each case is unique. These attorneys did a fantastic job but the result obtained is not an indication of what you may obtain in your case. You should consult with an experienced, board certified attorney in your area.