Case Results

A History of Fighting and Winning on Behalf of Injured Victims in Virginia

Nothing matters more to our team at Phelan Petty than getting positive results for injured victims who need our help. Browse the list of results below to learn about the verdicts and settlements we’ve been able to secure for some of our clients, including many recoveries of a million dollars or more.

CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THESE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

What Our Clients Say

Motor Vehicle Accident Case

“Mike [Phelan] was a perfect gentleman. He was very caring about my case. That’s the type of person he is.”

Thelma Jean H.

Medical Malpractice Case

“Jonathan Petty took my case…[the experience] has been wonderful. Very professional. I can tell that he was really genuine with my case. It’s been smooth sailing.”

Aleathia and Al S.

Medical Malpractice Case

“I turned [the case] over to Jonathan and he was great...I would highly, highly recommend Jonathan Petty and associates.”

Frances and Richard G.

Our Case Results

$3.75 Million

Wrongful Death Settlement

Swimming pool drowning

$3.75 million settlement in a wrongful death case involving the drowning death of a ten-year-old girl at a resort swimming pool when her hair became entrapped in a suction outlet.  The Plaintiff alleged that the resort had used a suction outlet drain cover that did not comply with national or international standards.  We pursued theories of negligence as to the use of the drain cover and a franchisor’s failure to enforce its own standards as to the types of covers that should be utilized in all pools.

3.5 Million

Medical Malpractice Jury Verdict

Misread x-ray led to failure to diagnose bowel injury

$3.5 million verdict in a medical malpractice case against a radiologist who misread a patient’s x-rays after a car accident. The radiologist missed an obvious and treatable bowel injury. As a result of the error, the patient suffered a system-wide infection that led to sepsis, several months-long hospitalizations, more than 10 surgeries, lifelong pain, and other complications.

 

3.5 Million

Personal Injury Settlement

Traumatic brain injury (TBI) from auto crash

$3.5 million recovery in a traumatic brain injury case on behalf of a former City of Charlottesville school teacher. Our client was a retired school teacher who was commuting to her second job in a nursery at the time of the motor vehicle crash. She suffered a brain hemorrhage and required a craniectomy to remove a portion of her skull to reduce brain swelling. The defense had the audacity to blame our client’s symptoms on prior medical conditions.

3.5 Million

Brain Injury Settlement

Children brain injured from lead exposure

$3.5 million personal injury settlement on behalf of a group of children in Atlanta, Georgia who suffered brain injuries after being poisoned by lead. This case was litigated against the Atlanta Housing Authority.

3.25 Million

Premises Liability Settlement

Child suffered severe TBI after falling on wet movie theater floor

$3.25 million settlement in a premises liability case against a Fredericksburg movie theater owner for a child who suffered a traumatic brain injury as a baby. Because of unsafe conditions at the premises after a deep carpet cleaning in the early morning, the adult who was carrying the child slipped on a wet floor, fell, and dropped the baby on his head.

 

2.85 Million

Product Liability Settlement

Pre-leukemic disease from product containing Benzene

$2.85 million medical device settlement in a product liability case for a woman who developed a pre-leukemic disease from a pharmaceutical product that contained benzene. A long discovery battle revealed that the pharmaceutical company’s own scientists had warned about possible toxicity and urged the company to remove the benzene from the product. At the time, this was the highest settlement in the country against this manufacturer for this product.

2.4 Million

Medical Malpractice Jury Verdict

Orthopedic surgeon failed to diagnose and treat compartment syndrome

$2.4 million verdict in a medical malpractice case in Richmond circuit court against an orthopedic surgeon who failed to properly order diagnostic testing and emergency surgery for a patient with a tibial plateau fracture and dislocated knee. Because of the surgeon’s failure to order CT scans and rule out damage to the patient’s blood vessels, the patient suffered life-threatening complications that resulted in 46 days of hospitalization, more than 20 surgeries, and a functionally useless leg that is likely to require either multiple knee replacements or above-the-knee amputation in the future.

2 Million

Medical Malpractice Jury Verdict

Failure to diagnose and treat small bowel obstruction leading to colostomy

$2 million verdict in a medical malpractice case in federal court against a general surgeon who failed to diagnose and treat a patient’s small bowel obstruction in a timely manner. Because of the surgeon’s failure to provide prompt treatment, the patient’s intestine ruptured. This caused him to become septic and required an emergency transfer to another hospital. A team of expert surgeons removed the damaged intestine and installed a colostomy bag, which the patient will require for life.

2 Million

Product Liability Settlement

Disfiguring hand injury caused by defective firearm accessory

$2 million settlement in a firearm accessory product liability case involving an accessory known as a vertical foregrip. In this case, the grip failed while being used on a bullpup pump-action shotgun, causing our client’s forearm (grip in hand) to slide beyond the end of the Picatinny rail and the end of the barrel. Our client sustained a shotgun blast to his wrist and hand area. The incident happened the very first time the victim used the grip after removing it from its package. The distributor of the product wrongfully claimed that it made the product in the U.S.A. using the strongest polymers. Discovery revealed that the product was made by an unknown Chinese company and that the distributor had no idea what polymers were used to make the product. We pursued a recovery based on theories of express and implied warranties. For more information, read the Virginia Lawyers Weekly report about this case.

1.65 Million

Brain Injury Settlement

Child suffered brain injury from exposure to lead

$1.65 million traumatic brain injury settlement for a Petersburg, Virginia, child who suffered a traumatic brain injury due to take-home exposure to lead from the mother’s factory job. We alleged that the mother’s employer knew that the valve sealant they instructed the mother to paint onto propane tank threads was above 80% solid lead, but the employer failed to warn the mother. A product liability case was subsequently resolved against the manufacturer of the paint lead sealant.

1.6 Million

Medical Malpractice Settlement

Cerebral palsy caused at birth by poor obstetrical care

$1.6 million settlement in a medical malpractice case against an obstetrician as well as labor and delivery nurses who failed to recognize and act upon signs of fetal distress in a mother in labor. Because of the medical error, the otherwise healthy baby was deprived of adequate blood flow and oxygen prior to her birth. This caused her to suffer severe brain damage and cerebral palsy. Her injuries will prevent her from ever being able to walk, talk, or care for herself. Although her lifelong medical needs will cost in the tens of millions of dollars, Virginia’s cap on damages in medical malpractice cases severely limited her recovery.

1.6 Million

Medical Malpractice Arbitration Award

Failure to treat small bowel obstruction leading to death

$1.6 million arbitration award in a medical malpractice case against a general surgeon who failed to quickly operate on a patient with a small bowel obstruction. Ignoring the accepted medical rule that one should “never let the sun set on a small bowel obstruction,” the surgeon nevertheless admitted the critically ill patient to the hospital, scheduled the surgery for the following day, and went home. The patient, a mother of two, died that night of sepsis.

1.55 Million

Brain Injury Settlement

Child suffered brain injury from exposure to lead

$1.55 million brain injury settlement for Richmond, Virginia, siblings who suffered brain damage after being poisoned by lead paint. The defense hired a neurologist and a neuropsychologist to blame the children’s learning disabilities on everything but exposure to a potent neurotoxin. A thorough understanding of the science of brain damage and of neuropsychological testing helped us achieve this result for our clients.

1.5 Million

Personal Injury Settlement

Traumatic brain injury resulting from auto crash

$1.5 million automobile accident settlement for a Stafford County man who suffered mild traumatic brain injury and severe aggravation of depression following a collision with a Mary Washington Hospital van.

1.5 Million

Medical Malpractice Settlement

Leg amputation caused by severed artery during knee replacement surgery

$1.5 million settlement in a medical malpractice case against an orthopedic surgeon who severed a patient’s popliteal artery while performing revision of a total knee replacement. Despite the profound loss of blood, the surgeon did not recognize his error and completed the procedure. Once the injury was finally diagnosed later in the recovery room, the patient had suffered irrevocable tissue damage to her leg that required doctors to amputate the leg above the knee.

1.4 Million

Traumatic Brain Injury Settlement

TBI caused by negligently operating road crew

$1.45 million settlement in a brain injury case we filed in Spotsylvania County Circuit Court against an asphalt paving company and an automobile driver. We alleged that the paving company negligently implemented temporary traffic controls while conducting shoulder widening work at the intersection of Rt. 3 (Germanna Highway) and Carrico Mills Road in Culpeper. We argued that the paving company did not place flaggers as needed to prevent traffic from both directions from entering the intersection at the same time. The defendant driver crashed into our client’s stopped vehicle, inflicting a traumatic brain injury.

1.3 Million

Medical Malpractice Settlement

Death of a mother during childbirth from anesthesia error

$1.3 million settlement in a medical malpractice case against an anesthesiologist who negligently administered anesthesia to a mother delivering her baby. The error deprived the patient’s brain of oxygen for a significant period of time, causing profound damage. The mother died from her injuries shortly after her baby left the hospital.

Confidential

Medical Malpractice Settlement

Medication error caused fatal blood clots

Confidential medical malpractice wrongful death settlement for a patient who was taking anticoagulation medication (warfarin) because of a history of blood clots. The patient’s physicians administered Profilnine in an off-label use to attempt to reverse the anticoagulation effect. Unfortunately, the dose they ordered and administered was nearly double the maximum recommended dose based on the patient’s weight. Almost immediately after the infusion, the patient suffered cardiopulmonary arrest and died. An autopsy revealed the cause of death to be pulmonary emboli.

1.25 Million

Personal Injury Settlement

Traumatic brain injury caused by auto crash

$1.25 million personal injury settlement in a traumatic brain injury automobile accident case with little property damage and significant pre-existing neurological and psychiatric conditions. This case was litigated in Stafford County and resolved through mediation.

1.25 Million

Personal Injury Settlement

Injuries to internal organs from auto crash

$1.25 million personal injury settlement in an auto wreck case in which our client suffered liver damage and post-surgical infection after her car was T-boned in an intersection.

1.25 Million

Product Liability Mass Tort Jury Verdict

Severe injuries caused by “diet drug” Fen-phen

$1.25 million product liability verdict in a mass tort case involving the “diet drug” fen-phen (fenfluramine/phentermine). The case went to trial in Philadelphia.

1.15 Million

Medical Malpractice Federal Tort Claims Act Settlement

Paralysis from substandard care at the VA Hospital

$1.15 million settlement in a Federal Tort Claims Act case involving medical malpractice against the Veterans Administration hospital. The hospital admitted our client, a veteran, for knee replacement surgery, but he developed symptoms of an epidural hematoma (blood clot near his spinal cord) from the epidural anesthetic. The medical team failed to respond in a timely manner, which resulted in the veteran being permanently paralyzed below the waist.

1.1 Million

Tractor Trailer Crash Settlement

Wrongful death caused by trucker and truck broker misconduct

$1.1 million in settlements in a tractor-trailer truck crash wrongful death case. We helped the victim’s family file claims against the truck driver as well as the freight broker who hired the driver to transport the load. We alleged that the freight broker negligently hired the truck company despite information in the broker’s file and other publicly available information that would have caused a reasonable broker not to hire this fly-by-night truck company.

1 Million

Brain Injury Settlement

Child suffered brain injury from exposure to lead

$1 million settlement in a brain injury case involving a child who was exposed to lead present in the soil of his parents’ apartment’s yard. The property was owned by the Atlanta Housing Authority.

1 Million

Product Liability Jury Verdict

Defective construction materials caused accident and bodily injuries

$1 million verdict in a product liability case in Richmond Circuit Court. Our client, a bridge construction worker, was working on the outside of the Wiley Bridge when the platform collapsed, sending him down into the James River. He required arthroscopic shoulder and ankle surgery as a result. The case was tried against the company that manufactured the bridge hangers, which had been welded defectively and eventually failed, causing the platform to collapse. This was Attorney Michael Phelan’s first jury trial.

$950,000

Medical Malpractice Settlement

Home health agency nurse caused death of a patient by mismanaging tracheostomy

$950,000 settlement in a medical malpractice wrongful death case that involved a young disabled woman who died when an in-home care nurse failed to properly respond to an emergency that she should have been trained and equipped to handle. We alleged substandard care on the part of the defendant nurse as well as negligent staffing, credentialing, and training on the part of the defendant home health care company that employed her. Deposition testimony from former employees confirmed that the company had not provided relevant training that could have saved the young woman’s life.

$900,000

Medical Malpractice Settlement

Dermatologist failed to diagnose melanoma resulting in death

$900,000 settlement in a medical malpractice case involving the wrongful death of a 69-year-old man whose dermatologist failed to diagnose his melanoma. After removing a suspicious mole, instead of sending the tissue to a pathologist, the dermatologist evaluated the tissue himself and failed to recognize the clear indicators of melanoma. At the time of the error, the cancer was in an early stage and still treatable. By the time the melanoma was finally discovered three years later, it had spread and become incurable.

$900,000

Premises Liability Settlement

Traumatic brain injury from negligently erected tent

$900,000 settlement in a City of Fredericksburg premises liability case involving a woman who suffered a mild traumatic brain injury after being struck by a radio station promotional tent that had been improperly erected and not secured on a windy day. The radio station ignored the weather reports of high winds, which were broadcast by the station at the event. The defendants contested liability and attempted to deny that the patient even suffered a brain injury.

$875,000

Tractor Trailer Crash Settlement

Wrongful death from truck crash

$875,000 in settlements in a tractor-trailer truck wrongful death case. The victim was a 40-year-old man with no spouse or children. We helped the victim and his family file claims against the truck driver as well as the freight broker who hired the driver. We alleged that the broker should have known better based on publicly available information than to work with the truck driver’s employer, a fly-by-night trucking company.

$850,000

Medical Malpractice Settlement

Negligent surgery for diverticulitis caused bowel injuries

$850,000 recovery in a medical malpractice case involving a victim who had to undergo multiple bowel resections following inappropriate surgery for diverticulitis.

$850,000

Personal Injury Settlement

Mild traumatic brain injury caused by auto crash

$850,000 settlement in an auto accident case in Spotsylvania in which a pickup truck rear-ended our client. The crash aggravated pre-existing back problems and caused our client to suffer a mild traumatic brain injury. Symptoms of the TBI included loss of smell and impairment of higher cognitive functioning.

$825,000

Personal Injury Settlement

Assault by nightclub bouncer caused traumatic brain injury

$825,000 personal injury settlement for assault by a bouncer involving a Fredericksburg, Virginia, businessman who suffered a mild traumatic brain injury after a bouncer assaulted him at a Fredericksburg restaurant.

$800,000

Medical Malpractice Jury Verdict

Death of a mother during childbirth due to anesthesia error

$800,000 verdict in a medical malpractice case against an anesthesiologist who negligently administered epidural anesthesia to a mother delivering her baby. By giving the medication too quickly and failing to observe the patient’s response to the medication, the anesthesiologist paralyzed the patient’s respiratory system and caused her to go into cardio-respiratory arrest. She died on the table and was survived by her baby, her other two children, and her husband.

$750,000

Personal Injury Jury Verdict

Spinal injuries caused by auto crash hit-and-run

$750,000 verdict in an auto accident case in the City of Richmond for a man who suffered a lower spine injury after another driver hit him and fled the scene. The largest settlement offered in this case was $150,000.

$740,000

Personal Injury Arbitration Award

Traumatic brain injury resulting from auto crash

$740,000 personal injury arbitration verdict for a Charlottesville woman who suffered a traumatic brain injury in a motor vehicle crash.  Her IQ decreased from superior range to above average range because of the brain damage. We presented medical testimony showing that the volume of our client’s brain had decreased following the crash. This case was litigated in the City of Newport News.

$700,000

Personal Injury Settlement

Traumatic brain injury resulting from motorcycle crash

$700,000 settlement in a motorcycle accident case involving a lumber truck that ran our client, a Henrico motorcyclist and off-duty police officer, off the road. The lumber truck driver and his employer both alleged that the police stopped the wrong lumber truck after the collision, claiming that it must have been another truck that ran the victim off the road. The motorcyclist suffered a moderate brain injury, but he made a remarkable recovery and returned to work in a demanding job by the time of the settlement.

$550,000

Tractor Trailer Crash Settlement

Foot injuries resulting from truck accident

$550,000 settlement in a Henrico truck accident case for a woman who suffered a fractured calcaneus (heel) in a crash with a commercial truck. The trucking company alleged that our client should have seen its driver making an illegal turn across Staples Mill Road in time to avoid the collision.

$220,000

Personal Injury Jury Verdict

$220,000 personal injury verdict in Newport News, Virginia, for a former business executive who suffered soft-tissue neck injuries in a hit-and-run motor vehicle crash. The case was tried in Newport News against John Doe. The insurance company’s final offer in this case was $40,000.

$132,000

Personal Injury Jury Verdict

$132,000 jury verdict in a car wreck case in Prince William County in which the highest settlement offer from the insurance company was $12,000.

To get a free, no-risk assessment of your case from an experienced Virginia personal injury lawyer, contact us today by filling out our convenient online contact form or by calling us toll-free at (866) 249-3164.