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Ben Glass
Ben Glass
Attorney • (703) 584-7277

$3,325,000 wrongful death verdict to be reduced.

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A recent medical malpractice case tried in Fairfax County showed once again how devastating Virginia’s medical malpractice cap can be to families.

A 3‑year‑old child developed neurological signs demonstrating an error of metabolism resulting in increased ammonia levels in the blood and brain. The child and her family presented to Inova Fairfax Hospital where allegedly the standard of care which required aggressive management to reduce the ammonia levels in the blood were not followed until it was too late. The 3‑year‑old died of a massive brain injury and her family sued Fairfax Hospital.

The case was tried by attorneys Brian C. Shevlin and Michael C. Shevlin and resulted in a verdict to the family of $3,325,000. Because of Virginia’s cap on medical malpractice damages, the verdict will be reduced to less than $2,000,000.

Had the injury been sustained in an automobile or truck accident case the entire verdict would have been sustained by the court. It is only in medical malpractice cases where families suffering the largest injuries have the jury’s verdict cut for reasons unrelated to the evidence at trial. In other words, a Fairfax County jury (generally conservative and well educated) heard all of the evidence and decided that the family had suffered damages in excess of $3,000,000. Unfortunately, until tragedies such as this happen to enough people these laws will not change.