Personal Injury Law

Virginia's "Tort Reform" Cap Robs Family of Nearly $1.15 Million

By Ben Glass

There is a reason as to why some insurance companies in Virginia take every case to trial, which is illustrated in a recent wrongful death case.

Hector Alvarez, a 52-year-old Springfield resident, complained of chest pains and difficulty swallowing after a piece of steak had gotten stuck in his throat.

On July 6, 2006, Alvarez went to the Inova HealthPlex at Franconia-Springfield, where numerous tests were administered, including X-rays, an EKG and a CT scan of his chest. William J. Dunwoody III, a radiologist with the Association of Alexandria Radiologists, reviewed the CT studies. Based on Dunwoody's computer notes, he was under the impression that Alvarez was suffering from a large hiatal hernia.

Around midnight, Alvarez was transported by ambulance to Inova Fairfax Hospital. On July 7, a surgeon reviewed Alvarez's CT scan and noticed the perforated esophagus. Alvarez was immediately prepared for surgery to repair the esophagus. The surgeon also ordered an epidural catheter for Alvarez.

When the epidural catheter was inserted and the anesthetic applied, Alvarez went into cardiac arrest and later died on July 17, 2006. It is believed that Alvarez was extremely weakened from suffering from the perforated esophagus for almost 24 hours and wouldn't have gone into cardiac arrest, if he wasn't so sick.

In March 2007, Deborah A. Alvarez, Hector's widow, filed a wrongful death lawsuit against Dunwoody, the Association of Alexandria Radiologists and Fairfax Anesthesiology. Fairfax Anesthesiology agreed to pay $600,000 following a pretrial process. However, the Association of Alexandria Radiologists, which is insured by ProAssurance, did not make a settlement offer. ProAssurance is notorious for taking cases to trial and frequently not making a settlement offer before trial.

The Fairfax County jury awarded nearly $3 million to the family, but due to Virginia's ludicrous 'tort reform' cap on medical malpractice judgments, the award was cut by nearly half. The cap in 2006 was $1.85 million. This family was robbed of close to $1.15 million. A jury had listened to the evidence presented in the case for over a week and determined that $3 million would bring justice to the family.

In Virginia, a jury is never informed of the arbitrary cap on damages, making the work and time they put into each case to determine the appropriate amount largely wasted. Another case shows this fact, which involved a $4 million jury verdict to a woman, by the name of Rita Talbert, who was burned in an operating room fire. Due to Virginia's 'tort reform,' $2.25 million was stolen from this woman.

Virginia's cap forces many medical malpractice cases to go to trial, because insurance companies know that they have little to lose, even if they are completely off in their projection regarding their chances of losing and the case value.

Full post as published by Northern Virginia Personal Injury Lawyer on March 24, 2010 (boomark / email).