With a proven track record of success in complex legal disputes, we combine strategic expertise, thorough preparation, and relentless advocacy to secure favorable outcomes.

Medical Malpractice

Anesthesiology

  • Defense verdict for an anesthesiologist: The patient claimed permanent nerve injury from placement of an epidural during labor and delivery (Portsmouth).
  • Defense verdict for anesthesiologist: The family of a patient alleged wrongful death after the patient died during intubation and the administration of anesthesia (Richmond).

Cardiology

  • Defense verdict for a cardiologist: A wife claimed her husband’s cardiac arrest and subsequent death resulted from an inappropriate work-up (Virginia Beach).

Emergency Medicine

  • Defense verdict for an emergency room physician: The family claimed failure to administer clot-busting medication for pulmonary embolism caused the death of a 64-year-old woman (Hampton).
  • Motion to dismiss granted in a medical malpractice matter involving failure to diagnose and timely respond to ischemic bowel resulting in resection. Dismissal was affirmed by the Supreme Court of Virginia in an opinion articulating, for the first time, the standard for “abuse of discretion” (Richmond).

Family Medicine

  • Defense verdict for a pediatrician, family practitioner, and hospital: Parents claimed birth trauma to their newborn, resulting in future medical expenses of $25 million. A statutory cap on damages did not apply (Indiana).
  • Defense verdict for family practitioner: The family of a patient alleged failure to diagnose kidney cancer resulting in death (Richmond).

Hepatology

  • Defense verdict for transplant hepatologist: The patient’s husband claimed a rare complication from an allegedly unnecessary pre-transplant colonoscopy led to the patient’s death several weeks after successful liver transplant. (Richmond)

Hospital Medicine

  • Defense verdict for hospitalist: The patient claimed failure to address low blood pressure following total hip replacement surgery caused permanent partial paralysis due to a spinal cord infarct (Newport News).

Mental Health & Psychiatry

  • Defense verdict for a psychiatrist: A wife claimed her husband’s suicide was the result of lack of monitoring (Richmond).
  • Defense verdict for a social worker: A father claimed counseling of his daughter resulted in parental alienation (Virginia Beach).

Obstetrics & Gynecology

  • Defense verdict for obstetrician: Mother claimed C-section improperly performed resulting in disrupted placenta and 31-day NICU stay for infant (Norfolk).
  • Defense verdict for obstetrician: Parents claimed delay in performing C-section resulted in permanent neurological injuries to infant. Plaintiffs sought $13 million for damages to both mother and infant. Defense verdict was largest listed in Virginia Lawyers Weekly’s “Million-Dollar Med-Mal Defense Verdicts of 2015.” The Virginia Supreme Court refused Plaintiff’s Petition for Appeal (Hanover).
  • Defense verdict for gynecologists: The patient claimed improper surgical technique during hysterectomy resulted in ureter injury and delayed diagnosis (Norfolk).
  • Defense verdict for obstetrician/gynecologist: The patient claimed misdiagnosis of cardiac condition resulted in unnecessary termination of pregnancy (Norfolk).
  • Defense verdict for gynecologist: The patient claimed misdiagnosis and surgical treatment of ovarian cancer resulted in worsening of prognosis (Chesapeake).
  • Defense verdict for obstetricians: Parents claimed their 6-year-old son suffered permanent Erb’s Palsy due to management of shoulder dystocia (Chesapeake).
  • Defense verdict for an obstetrician: The patient claimed untimely delivery resulted in placental abruption and stillbirth of a term fetus (Richmond).
  • Defense verdict for a gynecologist: A 44–year-old patient claimed permanent complications following surgery to repair a rectocele (Chesapeake).
  • Defense verdict for obstetrician-gynecologist: The patient claimed use of improper surgical technique in response to hemorrhaging from a ruptured ovarian cyst allegedly resulting in cancer spread and increase in cancer stage (Chesapeake).
  • Nonsuit before closing in a medical malpractice matter in which a two-week-old infant died within 24 hours of being released from the emergency room. Plaintiff alleged failure to diagnose urethra defect and distended bladder that ultimately caused sepsis and death. The case was resolved for a nominal amount prior to retrial as a result of the prior nonsuit (Fairfax).

Orthopedics

  • Defense verdict for spine surgeon: The patient developed permanent paralysis following placement of a spinal cord stimulator. The patient claimed she was not an appropriate candidate for the device due to an underlying coagulopathy and further alleged she was not appropriately advised of the risks of the procedure. Defense verdict was largest listed in Virginia Lawyers Weekly’s “Million-Dollar Med-Mal Defense Verdicts of 2016.” Plaintiff sought $50 million (Richmond).
  • Defense verdict for orthopedic surgery practice: During XLIF spinal fusion, the vertebral body gave way causing an instrument to slip and lacerate the aorta requiring emergency vascular repair and allegedly resulting in hypoxic brain injury (Richmond).
  • Defense verdict for orthopedic surgeon: The patient alleged they developed a compartment syndrome the lower leg following lumbar surgery (Albemarle).

Otolaryngology

  • Defense verdict for Ear, Nose & Throat Physician: The patient claimed permanent loss of smell and taste following sinus surgery for nasal polyps. (Chesapeake)

Plastic Surgery

  • Defense verdict for plastic surgeon: The patient claimed improper surgical technique during breast reconstruction resulted in the need for multiple revision surgeries (Norfolk).
  • Defense verdict for plastic surgeon: The patient claimed use of improper surgical technique in the performance of breast reconstruction surgery following mastectomy allegedly resulting in need for revision surgery (Norfolk).
  • Defense verdict for plastic surgeon and the surgeon’s practice in a medical malpractice matter alleging failure to recognize and treat urinary retention following abdominal surgery resulting in emergency hospitalization, and extensive inpatient rehabilitation (Henrico).

Radiology

  • Defense verdict for radiologists: The patient claimed a calcaneal fracture was missed on x-rays, resulting in the development of arthritis and need for subsequent joint fusion surgery (Norfolk).
  • Defense verdict for a radiologist: A husband claimed an aneurysm was missed on brain MRI, resulting in his wife’s death (Richmond).
  • Defense verdict for an interventional radiologist: Parents claimed the death of their 11-year-old resulted from a liver biopsy (Richmond).
  • Defense verdict for two radiologists: The patient claimed a failure to diagnose heel fracture following a motor vehicle accident which allegedly resulted in arthritis and the need for joint fusion surgery (Norfolk).
  • Defense verdict for a radiologist: The plaintiff claimed the defendant radiologist was negligent after the plaintiff’s father died from aspiration during a barium swallow procedure (Chesterfield).

Surgery

  • Defense verdict for surgeon: The patient alleged she developed a vesicovaginal fistula following a GYN surgery which she alleged was negligently performed by the surgeon (Prince William).
  • Defense verdict for surgeon: The patient alleged a peripheral neuropathy following bowel resection surgery (Virginia Beach).
  • Motion to Strike granted in case in which Plaintiff alleged defendant thoracic surgeon exceeded the scope of patient’s consent for treatment when performing lung cancer biopsy (Suffolk).

Products Liability

  • Curry (U.S. District Court, Southern District of New York): Assisted with defense of a Navy equipment manufacturer in a case involving a 63-year-old living mesothelioma plaintiff alleging asbestos exposure from a boiler aboard the USS John F. Kennedy in the early 1960s, resulting in a defense verdict after a five-day jury trial.
  • Kuhnke (Milwaukee, Wisconsin): Assisted trial counsel with preparation for, and trial of, a matter involving a power plant maintenance worker with mesothelioma. Plaintiff alleged that her decedent spouse was exposed to insulation on a land-based, power-generating machine in the late 1960s and early 1970s. Mr. Taddeo prepared expert witnesses, trial exhibits and opening and closing statements for the sole defendant remaining at time of trial. He researched and prepared evidence of absent defendants’ responsibility, resulting in the addition of eight “empty chair” defendants to the verdict form. The matter resolved prior to verdict.
  • Rollin (Los Angeles, California): Assisted with trial of a 67-year-old living mesothelioma plaintiff alleging asbestos exposure from equipment at the Mobil refinery in Torrance, California in the 1970s. Successful post-trial sophisticated user defense motion resulted in judgment in favor of defendant notwithstanding the verdict.
  • McNamara (Los Angeles, California): Assisted with trial of a mid-50-year-old living mesothelioma plaintiff alleging asbestos exposure from a maritime steam generator aboard a Navy ship in the late 1960s, resulting in a defense verdict after a four-week jury trial.
  • Gudmundson (Madison County, Illinois): Assisted with trial of this deceased mesothelioma plaintiff alleging asbestos exposure from insulation on a GE marine turbine powering a World War II era Navy destroyer, resulting in a defense verdict after 25 minutes of jury deliberation following a three-week jury trial in Madison County, Illinois.

Reported Decisions

  • Dorman v. State Indus., 292 Va. 111 (2016) (on brief). Supreme Court of Virginia upheld defense verdict for manufacturer of gas water heater in products liability action brought by five plaintiffs. The appeal involved whether the defense was entitled to put on evidence that its product was (1) not defective, including evidence that the design of the water heater at issue was used in tens of millions of other water heaters without objection in the trade, (2) improperly installed by a third party, and (3) improperly maintained by a third party, entitling the manufacturer to a jury instruction on superseding cause.
  • Darnell v. K Mart Corp., et al., 2005 U.S. Dist. LEXIS 34641 (W.D. Va., 2005). U.S. District Court for Western District of Virginia granted Rule 12(b)(6) motion to dismiss Plaintiffs’ emotional distress claims based on loss of home in fire allegedly caused by defective consumer electronics.
  • Lambert v. Javed, et al., 273 Va. 307(Sup. Ct. Va., 2007) (on brief). Supreme Court of Virginia upheld dismissal of Plaintiff’s wrongful death medical malpractice action against multiple health care providers with prejudice on bar of res judicata, where Plaintiff filed two actions, one of which was barred by the two-year statute of limitations. The time-barred case was dismissed with prejudice while the remaining case was still pending. The Court ruled that the dismissal of the time-barred case with prejudice on statute of limitations acted with the same effect as an adjudication on the merits, precluding any further litigation on that cause of action.
  • Budd v. Punyanitya, 643 S.E.2d 180 (Sup. Ct. Va., 2007) (on brief). Supreme Court of Virginia unanimously affirmed defense verdict obtained by Mr. Joss in favor of orthopedic surgeon in medical malpractice action. Appeal involved whether the plaintiff was entitled to introduce medical literature during cross-examination of defense experts after the plaintiff had attempted to establish that literature as reliable authority through his own experts on direct examination.
  • Ripley v. Foster Wheeler LLC, 841 F.3d 207 (4th Cir. 2016) (on brief). Fourth Circuit Court of Appeals reversed longstanding practice of Virginia federal district courts remanding asbestos cases removed to federal courts on federal officer jurisdiction.  Appeals court held that manufacturer of navy boilers was entitled to present evidence to support a government contractor defense against failure to warn claims.
  • In Re All Asbestos Cases, 64 Va. Cir. 190 (Newport News Circuit Court, 2004). Circuit Court for City of Newport News reversed longstanding rule in asbestos cases in Virginia treating review of pathology materials as equivalent to an independent medical examination requiring disclosure of findings of non-testifying experts.  Mr. Joss successfully argued that review of pathology and tissue samples is correctly considered a review of inanimate and tangible materials, and therefore reports of consulting experts need not be disclosed to opposing counsel.
  • Lawson v, FCA US, LLC, 2021 U.S. Dist. LEXIS 158808 (W.D. Va., 2021). U.S. District for Western District of Virginia granted summary judgment dismissing Plaintiffs’ negligence and breach of warranty claims based on manufacturer’s design defect.

Disclaimer Required by Virginia State Bar Rules of Professional Conduct:

Case outcomes, verdicts, and settlements in all cases depend upon the specific and unique factors and circumstances of each case. Therefore, past results in cases are not a guarantee or prediction of a similar result in future cases handled by Satterwhite Taddeo P.C. 

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