Virginia (VA) Personal Injury law firm news

Virginia (VA) Jury Awards $7.5 Million in Failure to Diagnose Breast Cancer Case

A great result in a medical negligence case was recently achieved in the Spotsylvania Circuit Court of Virginia in a wrongful death case about a doctor’s error in treatment. According to an article that appeared in Virginia Lawyers Weekly, a jury awarded $7.5 million to the husband of a registered nurse who died from breast cancer. Eleanor Browder had noticed a lump in her breast and had gone to see her family practitioner from Lee’s Hill Medical Associates in May 2003. The family practitioner, Dr. Donna Gamache, had ordered a mammogram that came back negative, but did not refer Mrs. Browder to a specialist for further testing. After 7 months the lump had more than doubled its size and Mrs. Browder went back to Dr. Gamache, who then referred her to a specialist. Following further testing, the mass in Mrs. Browder’s breast was found to be malignant. 

After the cancer was discovered, Mrs. Browder had to have a bilateral mastectomy followed by chemotherapy and radiation treatment sessions before her cancer finally went into remission. Two years later, the cancer metastasized and she died at 57 in April of 2008. William Artz, an attorney located in Arlington, Virginia represented Mrs. Browder claiming that Dr. Gamache along with a nurse practitioner were negligent when they did not initially seek further testing to investigate the abnormal mass. Attorneys representing Dr. Gamache and Lee’s Hill Medical Associates (really their insurers) claim that Mrs. Browder’s outcome could not have been changed. They maintained the position that the delay in her diagnosis would not have had an effect on her chances of survival due to the aggressive nature of the cancer. The jury was in deliberation for 5 and ½ hours before awarding Mrs. Browder’s husband $7.5 million dollars. Under Virginia medical malpractice law, the wrongful death award will be reduced to the amount of the applicable cap allowed, likely under $2 million dollars.

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How can you identify a top Virginia injury lawyer for your case? Look no further.

Our VA personal injury lawyers have been selected for many accolades.

Two of the attorneys with our Virginia Beach accident injury law firm, James Lewis and Rick Shapiro, have been named the Best Lawyers in America since 2008. Two of our VA injury lawyers -- Lewis and Shapiro - have been named to Virginia Super Lawyers for Personal Injury since 2010. In addition, Lewis and Shapiro have been selected for inclusion in the National Million Dollar Advocates Forum since 2009. 

Our VA accident injury law firm was the first in the commonwealth nvited to join Primerus, a select group of highly ethical and respected law firms. Rick Shapiro was named as one of the Top 100 Injury Lawyers in Virginia by the National Trial Lawyers Association.

In October, 2000 our law firm and co-counsel obtained what was then the largest verdict in Virginia's history for an injured person. Our brain damaged client received an initial award of $46 million that rose to $60 million with interest when the defendant abandoned an appeal and agreed to settle. 

Geographical Areas

Our personal injury lawyers handle personal injury cases throughout the eastern USA, and work closely with lawyers in other states on signficant injury cases.

In Virginia, this includes Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News, Suffolk, Richmond, Petersburg, Roanoke, Salem, Alexandria, Arlington, Fairfax, Fredericksburg, Charlottesville, Ashland, Big Stone Gap, and every community on the Eastern Shore, including Accomack, Onancock, Chincoteauge, Wachapreague, and Cape Charles, Bloxom, Eastville, Exmore, Greenbackville, Machipongo, Mappsville, Melfa, Nassawadox, Onley, Tangier, Temperanceville, Wachapreague and Wallops Island.

In West Virginia, we can handle personal injury claims in Bluefield, Beckley, Bridgeport, Charles Town, Charleston, Fairmont, Huntington, Lewisburg, Madison, Martinsburg, Morgantown, Moundsville, Parkersburg, Ripley, Sutton, Weirton, Wheeling and any other town or county.

Injury Lawyers licensed in VA, WV, North Carolina (NC), South Carolina (SC), Kentucky (KY), Florida (FL) and Washington, DC.