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.

In the case against Radiology Associates, a patient claimed that the defendants were negligent when they performed and interpreted numerous radiological studies from December 2002 to October 2005.  The patient claims that during this time, she showed symptoms that were consistent with a brain tumor located in the trigeminal nerve.

The Richmond Circuit Court did not accept the argument that the “continuous treatment rule” applies to discrete radiologic studies.  Based on the court’s ruling, there was basically no “assumption of ongoing treatment” in the patient’s case.

Although the court probably correctly interpreted the Virginia law, this law is outdated and antiquated.  It is unfortunate that this patient, who was suffering from a tumor during the entire time she relied on the radiologist’s reports, cannot pursue justice.  This type of case should not happen in this day and age.