It’s Happened Again – Woman Robbed of Nearly $1 Million Due to Virginia Tort Reform
Things allegedly changed for 52-year-old Carol Johnson when she was a patient of Dr. Eleanor Deguzman-Berube and the Atwood Family Medical Center in 2003. Johnson had undiagnosed diverticulitis, which is defined as a form of inflammation of the intestinal wall. The condition progressed into numerous abscesses and ultimately led to multiple surgeries.
Barry Taylor, Johnson’s attorney, said that she also suffered brain damage and can no longer work. Previously, Johnson worked as a secretary and bookkeeper. Based on the evidence presented in trial, she now has significant cognitive impairment and short-term memory loss.
Johnson’s medical bills reached $167,000 and her lost wages, which are based on her life expectancy, are estimated at $340,000.
The Circuit Court jury concluded that Johnson’s debilitating stroke was caused by the complications of the undiagnosed diverticulitis. She was awarded $2.5 million, when only $2 million was requested. However, due to Virginia’s cap on medical malpractice damages, $850,000 was taken from Johnson, reducing her award to $1,650,000.
Johnson isn’t the only victim who has been robbed of money in which the jury felt they were entitled. Hector Alvarez’s family was deprived of $1.15 million, after a jury awarded nearly $3 million in the undiagnosed perforated esophagus case.  What about Rita Talbert? She was robbed of $2.25 million after a jury heard her case about being burned by a flash fire in the operating room.
Read the article, Tort Reform in Virginia? Another Robbery, to learn more about Carol Johnson’s case.
[...] become “victims” of Virginia’s statutory cap on medical malpractice damages. Take the case of Carol Johnson, as an example. Ms. Johnson was awarded a $2.5 million jury verdict for an undiagnosed medical [...]