The Library

Gentry Locke for the Plaintiff A Virginia Court The Plaintiff filed suit against her health care providers for failing to timely diagnose her with cancer. The case began in October 2010 when the Plaintiff underwent a screening mammogram to follow up on an abnormality noted on a CT scan performed a month earlier. Because of the abnormality, the Plaintiff should have undergone a diagnostic mammogram, which is a more sensitive test than a screening mammogram and would have focused on the area of the breast where the abnormality was detected. As a result of undergoing the wrong test, the Plaintiff’s […]

Gentry Locke for the Defense United States District Court for the Western District of Virginia – Harrisonburg Division We successfully represented a university in Virginia in a lawsuit by a former department director who raised numerous claims, including discrimination on the basis of race and gender, violation of the Americans with Disabilities Act and Family Medical Leave Act, and a number of other state and federal laws. The  judge termed the complaints a “machine gun spray” of allegations. Following lengthy motions to dismiss and oral argument, the magistrate judge has recommended dismissal of all claims with prejudice.

Gentry Locke for the Defense. United States District Court for the Western District of Virginia Our client, a building industry manufacturer, has successfully persisted in its defense of hostile work environment/sexual harassment claims filed by a former employee. The case was originally dismissed on summary judgment in 2013. On appeal, the Fourth Circuit Court of Appeals affirmed the dismissal of the retaliation claim, but remanded the hostile work environment claim for trial. Following a three-day jury trial in federal court in Roanoke on April 21, 2015, a jury vindicated the employer and dismissed the claim. No appeal has been taken, so after […]

Gentry Locke for the Plaintiff A Virginia Circuit Court Our client’s husband was admitted to a rehabilitation facility for treatment following a stroke. He required feeding through a tube in his stomach. While at the rehabilitation facility, the feeding tube became dislodged and was improperly replaced. This resulted in the tube feedings entering the stomach, ultimately causing the death of our client’s husband.

Gentry Locke for the Plaintiff City of Martinsville Court Our client needed her gallbladder out and went to a general surgeon. A rule with respect to general surgery is that a surgeon cannot clip and cut any anatomy unless the surgeon is positive about the anatomy that he/she is clipping and cutting. There is a procedure known as the “critical view of safety” that, if used appropriately, positively identifies the anatomy that should be clipped and cut while removing a gallbladder. While the general surgeon was removing our client’s gallbladder, she was unsure of the anatomy and did not utilize […]

Gentry Locke for the Plaintiff. Tazewell County Circuit Court Our client underwent a hysterectomy performed by an OB/GYN in July 2008 which resulted in a vesico-vaginal fistula. This caused her to continuously leak urine. The same OB/GYN who performed the hysterectomy tried to correct the fistula surgically, but the surgery failed due to improper technique and not having the appropriate specialist assist with the surgery. Our client leaked urine constantly for the next 6 months until a urologist repaired the fistula. Our client filed suit against the OB/GYN and her professional corporation. The jury deliberated for approximately one hour before returning a verdict for our […]

Gentry Locke for the Company/Defendant. Federal Court in Roanoke, followed by Arbitration Team Carriers, a company based in Covington, Virginia, has prevailed in a labor arbitration case filed against it by the United Steelworkers Union (USW). The litigation began with the USW filing a Complaint in Federal Court in Roanoke. The Court issued a partial preliminary injunction that enjoined the Company from taking certain action until an arbitrator ruled on a grievance filed by the USW against the Company. After the Court announced its preliminary ruling, the USW issued a national press release accusing the Company of “failing to live […]

Gentry Locke for the Defense. Appomattox Circuit Court The plaintiffs (home owners) filed a lawsuit seeking to invalidate the defendant mortgage company’s interest in their house. They argued that the lien was obtained by fraud due to a national home mortgaging online system. Represented by Gentry Locke, the defendant, a mortgage company, asked the court to dismiss the case. After briefing and oral argument, the Court dismissed the case permanently, judging that the plaintiffs had failed to state a claim, and that the plaintiffs lacked standing.

Gentry Locke Rakes & Moore for the Plaintiff. Fredericksburg City Circuit Court Our client, a 49-year-old man, presented at a hospital to receive an epidural steroid injection to his lower back, to be performed using CT fluoroscopic guidance. Approximately sixty seconds after the injection of Kenalog, the Plaintiff began to experience paralysis. Evidence revealed that the Defendant had injected the steroid into an artery, causing a stroke in the Plaintiff’s spinal cord leading to permanent paralysis. After a four-day jury trial, the jury returned after 2.5 hours of deliberations with a $6.4 million verdict for the Plaintiff.