Gentry Locke attorney wins one of Virginia’s largest verdicts for second consecutive year
ROANOKE, Va. (February 5, 2019) – Gentry Locke is pleased to announce that, for the second consecutive year, a medical malpractice case won by Partner Anthony “Tony” M. Russell has been included in Virginia Lawyers Weekly’s “Virginia’s Largest Verdicts” survey.
The Roanoke Circuit Court’s unanimous $1.5 million dollar verdict decision in Alexander Nelson III v. Radiology Associates of Roanoke, P.C. tied for 13th on the 2018 list.
Verdicts included on the Largest Verdicts survey represent the largest jury verdicts from across the Commonwealth. In order to be considered, verdicts must be for at least $1 million and must be decided by a jury, not a judge.
In Alexander Nelson III v. Radiology Associates of Roanoke, P.C., Tony and associate Charles “Charlie” R. Calton represented the plaintiff in a medical negligence case based on a Radiology Associates of Roanoke radiologist’s failure to recognize the plaintiff’s appendicitis on a CT scan, which led to nearly fatal complications. The radiologist, who had only been practicing for two weeks at the time, incorrectly interpreted the plaintiff’s CT scan as not showing any abnormality. As appendicitis is diagnosed based on radiology, the plaintiff’s emergency department clinicians detrimentally relied upon the radiologist’s interpretation and discharged the plaintiff, not thinking that he had appendicitis. Two days later, the plaintiff returned to the emergency department with a much worse condition. Another CT scan was performed and correctly read by a different radiologist as showing appendicitis that had now ruptured. The two-day delay in the diagnosis of the plaintiff’s appendicitis led the plaintiff to suffer a ruptured appendix, causing intra-abdominal sepsis that led to ventilator-dependent respiratory failure, strokes, pulmonary emboli, deep vein thromboses, ischemic kidney insult, and permanent aphasia. The defendant and its insurance company refused to accept responsibility for the radiologist’s negligence and the permanent, severe harm caused to the plaintiff. As a result, Tony and Charlie were forced to take the plaintiff’s case to trial, where a jury of seven individuals from the community reached a unanimous conclusion that the defendant was responsible for the plaintiff’s past, present, and future injuries, harms, and damages. The Roanoke Circuit Court approved the jury’s verdict and entered judgment for the plaintiff against the defendant in the amount of $1.5 million plus interest from the date of the jury verdict.
“While nothing can bring back the life that our client should be having, we are pleased with the outcome of this case because it helps to make up for the harm that our client suffered and will suffer, and it will prevent this from happening to another patient and his family,” said Tony. “Outcomes such as this make our work incredibly worthwhile for our clients, their families, and society, and this is exactly why I choose to practice in this area of law. Without lawsuits against the careless, such as our client’s against Radiology Associates of Roanoke, individuals will not be deterred from acting carelessly.”
In 2017, Tony received a medical malpractice/wrongful death verdict that ranked first on Virginia Lawyers Weekly’s Largest Verdicts survey. In Estate of Karen Ebersole v. Dr. Pergolizzi, et al., the jury awarded a unanimous verdict of more than $7 million for Tony’s clients.
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