Virginia Injury Lawyer Blog

With the near omnipresent discussion about Tort Reform, one can't help but begin to think that there are too many "frivolous lawsuits" being filed, and even won. Just about the only law suits the news reports on are the ones where someone got a ridiculous verdict for a tiny accident. Are these true? Maybe some of them. But, by and large, they are exaggerated or have missing facts that the news didn't bother to include. Most people do not realize that there are methods in place to keep truly frivolous suits from being filed - and certainly from going to a jury and being won. But that's another blog for another time.

Continue reading "Tort Reform/Frivolous Defense" »

Medical malpractice recently cost a Woodbridge, VA woman her leg. The 57-year old Prince William County woman checked into the hospital for routine knee replacement surgery. In preparing the femur, the surgeon drilled all of the way through the back of the bone and severed her artery. Attempts to repair the artery were unsuccessful and the woman's leg had to be amputated. The defense argued that the injury was simply a known risk of the procedure. HSFM partner Gary Brooks Mims successfully argued that the surgeon used excessive force when drilling and that his negligence violated the standard of care. The case settled for $1.275 million, which will enable the woman to modify her home and to acquire necessary mobility aids to accommodate her life without her leg.

The waiver. Everyone knows it. We've all signed one. If you want to engage in an activity (little league, summer camp, high school sports or triathlon, for example), chances are someone is going to want you to sign away all your rights.

In 1890, the Virginia Supreme Court addressed the issue of waivers in Johnson's Adm'x v. Richmond and Danville R.R. Co., 86 Va. 975 (1890) and ruled that such waivers were not valid. In quintessential 19th century language, the Court reasoned that "to hold that it was competent for one party to put the other parties to the contract at the mercy of its own misconduct...can never be lawfully done where an enlightened system of jurisprudence prevails. Public policy forbids it, and contracts against public policy are void.

Continue reading "In Virginia, have you given up your right to sue when you have signed a waiver?" »

Reston, Virginia father William Kim wants to prevent other families from enduring the indescribable pain of losing a child to suicide. His son, Virginia Tech senior Daniel Kim, died in 2007 from a gunshot wound to the head - just weeks after the school had received an email from one of their son's friends detailing his suicidal behaviors.

In our lawsuit filed last week, Virginia Tech and its administrators are charged with negligence - not for his suicide - but for failing to follow its own published protocols for dealing with a suicide emergency. The school's protocols require that any student threatening suicide "be seen by the psychologist on call."

Daniel Kim was never seen by the psychologist on call or any trained mental health professional or contacted by anyone from the University and, sadly--the warning email was never shared with Kim's parents.

As part of this lawsuit, the Kims are asking that the university assist in the passage of legislation to require parent notification when a serious threat to their child is present.

The parents of a Virginia Tech suicide victim want to know why school officials didn't tell them about emails the school received detailing their son's suicidal behaviors. In our lawsuit filed in Fairfax County Circuit Court, the family of Daniel Kim is charging Virginia Tech and its administrators with gross negligence for failing to follow the university's published protocols for dealing with suicide warnings.

The Reston family is also asking the university to assist in the passage of legislation, to be called The Daniel Kim Act, which will require all public universities in the state to notify parents when a threat to the safety of their children is present.

"Daniel Kim's death was preventable. If Virginia Tech had followed its own published protocols for dealing with a suicide emergency, Daniel would still be alive today," said Kim's attorney Gary Brooks Mims. "Further, if the university had notified Mr. Kim of the emails declaring an emergency, he would have been by his son's side within hours and sought appropriate and urgent medical care."

Continue reading "Virginia Tech suicide victim's parents ask, "Why didn't the school tell us?"" »

The US Senate voted down yesterday a proposal to limit plaintiff attorneys' fees in medical malpractice cases to 25% of the verdict or settlement. Virginia's US Senator John Warner, however, voted in favor of the legislation.

Continue reading "Medical malpractice victims vote no on fee limits; US Senate agrees." »

Washingtonian Magazine's December 2009 issue lists partner Gary Brooks Mims
as one of the top personal injury lawyers in the metropolitan region. The magazine annually reviews the legal profession and lists "Washington's best legal minds" in 29 categories. The resulting list represents the top 1 percent of the area's attorneys. Mims has practiced law since 1980 and is a partner with Hall, Sickels, Frei & Mims, one of the top personal injury law firms in Virginia.

All of the partners of Hall, Sickels, Frei and Mims were recently selected by their peers for inclusion in The Best Lawyers in America® 2010 (Copyright 2009 by Woodward/White, Inc., of Aiken, S.C.).

Robert Hall has been recognized since the inception of the honor, for more than 25 years. Hall, along with Gary B. Mims and Charles W. Sickels were named in the category of Medical Malpractice. Mims, Hall and Steven Frei were named in the category of Personal Injury Litigation.

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

Today Show reporter Lisa Myers reports that illegal pool drains are still in use in thousands of pools across the country. The drains were outlawed by the Graeme
Baker Pool/Spa Safety Act, which grew out of the lawsuit brought by Hall Sickels against pool/spa drain manufacturers.

http://today.msnbc.msn.com/id/26184891/vp/31759011#31759011

A new pool/spa safety law, designed to prevent the children from being entrapped by drains, is now in effect. Congress in 2007 passed the Virginia Graeme Baker Pool and Spa Safety Act, named after former Secretary of State James Baker's granddaughter, who became trapped in a hot-tub drain and drowned in 2002. The law, which grew out of the lawsuit brought by Hall Sickels against the spa and drain manufacturer, set new standards for drain covers for public pools and spas, or hot tubs. The standards are optional for existing residential pools. This law requires installation of anti-entrapment drain covers and other systems as outlined in the Act.

To learn more, visit the Consumer Product Safety Commission's website: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09065.html

The Virginia Trial Lawyers Association has honored Hall Sickels partner Robert Hall with its Lifetime Achievement Award Hall, marking only the second time the honor has been bestowed in the group's 50-year history.

The VTLA created the award to honor a lawyer "who has been in practice for many years and demonstrated a lifelong dedication to the mission and principles of the association."

Hall's 45-year career includes distinguished civil and criminal litigation, including the landmark exoneration through DNA testing of a man on death row who had been convicted of rape and murder.

Hall has practice law since 1964 and is a past president of the VTLA. In 2007-2008, he served as president of the International Association of Trial Lawyers. He is a fellow of the American College of Trial Lawyers and of the Virginia Law Foundation. He has served as Dean of the Virginia College of Trial Advocacy.

Hall, Sickels, Frei & Mims is one of the most experienced personal injury trial firms in Virginia, representing those seriously injured through accidents, defective products and medical malpractice.

Attorneys Robert Hall and Gary B. Mims are listed among Virginia's Super Lawyers 2009 and DC Super Lawyers 2009. Law and Politics publishes Super Lawyers in more than 35 states. According to the publisher the list includes lawyers who have been selected by their peers as the top 5 percent in the state. The roster is based upon a multi-step process that begins with ballots to active lawyers and is backed by independent candidate research.

A Caroline County Virginia jury recently awarded $2.7 million and over $500,000 in pre-judgment interest for the victim of a serious auto collision who suffered post traumatic seizure disorder. Partner Steve Frei successfully argued that the 53 year old man sustained trauma to his head when the van in which he was a passenger was rear-ended. Unfortunately physicians have been unable to control the victim's seizures with medication. The victim's injuries have cost him his livelihood and severely impacted his quality of life.

Hall Sickels partners Steve Frei and Gary Mims won a $1.45 million settlement for a 65 year old retired Army officer for his HMO's failure to diagnose prostate cancer. The plaintiff was screened for prostate cancer by his HMO but was never informed that his PSA was elevated at 5.6 (0-4 is normal) nor was he treated. Two years later, the plaintiff changed providers and a PSA test came back at over 32.00. Unfortunately, by that time, the cancer had metastasized and was incurable.

Partner Robert T. Hall, drawing on more than 40 years of experience with cases involving catastrophic injury and death, is working toward completion of this new volume with grief therapist Mila Tecala. Mila is the founder and director of the Center for Loss and Grief in Washington, DC. Robert and Mila were both involved in helping the victims of the 9-11-01 attack on the World Trade Center.