Bartoli Cain Wason, PLLC congratulates both Michele Bartoli Cain and Wallace B. Wason, Jr. for being named to the 2019 list of Super Lawyers in the field of Personal Injury - Medical Malpractice: Plaintiff. The Super Lawyers list is published annually by
Thomson Reuters. The selection process includes nominations by peers, independent research into the candidates by Super Lawyers staff, a second blue ribbon peer evaluation, followed by final selection. The final published list represents no more than 5 percent of the lawyers in the state. For more information, visit Superlawyers.com. Congratulations Michele and Wally!
Following a May 2018 jury verdict in the amount of one million five hundred thousand dollars ($1,500,000) for the plaintiff we represented, the defendants, Arlington Dentistry by Design and Joseph A. Khalil, DDS, filed a petition for appeal with the Supreme Court of Virginia. We tried to engage in settlement negotiations while the case was on appeal, but the most that the defendants’ insurer, MedPro, was willing to offer was one hundred twenty five thousand dollars ($125,000), which was less than ten percent of the verdict amount. The defense lawyer told us that they were “very bullish” on their position for appeal and retrial. The defendants had previously admitted liability so even with a successful appeal their best-case outcome would be another trial on damages. Nevertheless, they were “not interested in paying anything near” the verdict amount. They decided to “simply take on the appeal,” hoping that they would end up with a retrial and a much lower verdict in a second trial. Because their appeal was denied, however, the jury’s verdict from the original trial stands and they have now paid the full $1,500,000 amount of the verdict plus costs and statutory interest.
After a five-day trial, on March 1, 2019, a Virginia jury found Corey C. Burgoyne, DMD, an oral surgeon, liable for breaching the standard of care and negligently injuring her patient. While performing wisdom tooth surgery on a twelve-year-old child, Dr. Burgoyne cut the child’s lingual nerve in half. As a result of her lingual nerve injury, the child will have lifelong sensory issues with her tongue and intermittent pain. The verdict was returned against Dr. Burgoyne and her practice, Blue Ridge Oral Surgery.
Bartoli Cain Wason’s founding partner, Michele Bartoli Cain, represented the patient and her family for many years working to bring this medical malpractice case to justice. She tried the case with Wally Wason and Tony Russell of Michie Hamlett. The case was defended very aggressively. There were multiple depositions taken, and surveillance was conducted of the minor plaintiff. The defendant’s insurer, OMSNIC, even brought an out-of-state defense lawyer specialist in to take over the lead counsel role in the defense from a large Virginia defense firm.
Litigation costs for the family in this case were more than one hundred thousand dollars. We inquired prior to trial whether the case could be settled reasonably and save a significant portion of those costs. We were told that the defense had no interest in settlement. It was a no-offer case. Therefore, we were very pleased for the family when the jury returned a sizeable verdict, which more than justified the expenditure of those costs.
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASES UNDERTAKEN.
Bartoli Cain Wason, PLLC congratulates its founding partner, Michele Bartoli Cain, for being chosen once again as one of Washington, DC’s Best Lawyers in the field of Personal Injury by Washingtonian Magazine. According to the publication, the editors’ list, which appeared in the December 2018 issue, began with a survey of the nearly 1,000 attorneys recognized in all fields of practice on the 2016 list of Best Lawyers, asking whom they consider the best among their peers. The editors then added more research and reporting, contacted still more lawyers, and read up on notable recent successes of the local bar in order to arrive at the final list. Michele was one of only nine female attorneys in her practice area to earn this recognition.
On January 21, 2019, Virginia Lawyers Weekly published its list of Virginia’s Largest Verdicts of 2018. Virginia Lawyers Weekly identified 19 trials in Virginia last year, in which the jury returned a verdict of one million dollars or more. Bartoli Cain Wason, PLLC lawyers served as the attorneys for the plaintiff in two of those nineteen cases. Both were malpractice cases involving nerve injuries. One was tried in Alexandria. The other was in Arlington. Bartoli Cain Wason is currently representing multiple other patients who have suffered nerve injuries, in many jurisdictions across the Commonwealth of Virginia. We welcome new clients or referrals of similar matters.