Family Wins 2 Million Dollars in Medical Settlement

Overview of the Trial

In this wrongful death action, the personal injury trial attorneys at Cuthbert Law Offices were able to help the family of a 41 year old Prince George school teacher who died as a result of medical malpractice at Southside Regional Medical Center. The Petersburg Circuit Court jury deliberated for 6 hours after a 4 day trail. The end result was a $2.045 million dollar verdict against the physician and his employer.

Family Wins 2 Million Medical SettlementDownload the Verdict Here

Trial Details

The lawsuit centered around a misdiagnosis by Dr. DiGiovanna at Southside Regional Medical Center. The Plaintiff arrived at the Southside Regional emergency room with flu-like symptoms. Dr. DiGiovanna performed a physical exam but did not order any lab or diagnostic tests. The teacher was released a few hours later after receiving muscle relaxers.   Hours later that same day, the teacher returned to the hospital in worse condition. She was admitted to Southside Regional and died approximately 10 hours later. An autopsy revealed that she died from an undiagnosed, treatable, bacterial infection.

How Cuthbert Law Offices Contributed to the Trial

Charles H. Cuthbert Jr. and Margaret Cuthbert Broaddus of Cuthbert Law Offices in Petersburg, Va. led the way in an appellate fight that challenged the constitutionality of the state’s cap on medical malpractice damages. This important appeal drew interest from multiple parties and numerous amicus briefs were filed. The Supreme Court of Virginia upheld the cap in a January 8, 1999 opinion. The jury’s verdict of over $2 million dollars is the largest verdict ever returned by a Petersburg jury.