Why Confidential Settlements are a “Necessary Evil.” by Gary Brooks Mims Keeping a settlement agreement confidential is often a prerequisite for the defendant to agree to a settlement. We have settled many cases for millions of dollars, yet the defendant (or its insurer) will insist upon confidentiality and a release…
Partners Steve Frei and Gary Mims have once again been recognized and named to the peer-reviewed, 28th edition of Best Lawyers in America. Matt Perushek is once again recognized on the Best Lawyers’ “Ones to Watch” list, which premiered in 2021. Both Frei and Mims have received the Best Lawyers…
Ending more than two years of motions and appeals, the Virginia Supreme Court has denied writ for defendant appeals in the firm’s medical malpractice default judgment case. In December 2018, partner Gary Brooks Mims won a default judgment of $468,000, when Emergency Medical Associates (EMA) failed to respond to the…
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Frei, Mims and Perushek has been named “Most Trusted Personal Injury Law Firm – Virginia” by US Business Magazine, in their 2020 Legal Elite Awards program. Winners for the awards are the result of months of research and analysis by US Business and are chosen on the basis of merit,…
Medicine is a science, yes, but it is also an “art” involving interpretation and analysis. In treating a patient, a physician has to make decisions; decision-making involves weighing available evidence, making a judgment, and choosing a course of action. The challenge for you, if you are a victim pursuing a…
by Gary Brooks Mims When you think of the law, most of us tend to think in terms like “justice,” “equality,” or “fairness.” Unfortunately, the law is not always fair, nor does everyone receive equal treatment, and often, it does not succeed in meting out “justice.” Virginia medical malpractice law…
On May 3, 2016 a leading peer reviewed medical journal “The BMJ” (formerly known as British Medical Journal) included a study authored by Professor Martin A. Makary (professor of surgery at the Johns Hopkins University School of Medicine) that shows just how common death occurs in America due to medical…
In Virginia, state law imposes a “cap” on damages that can be recovered in medical malpractice cases. In 2016, the cap is $2.20 million, for acts of malpractice that occurred between July 1, 2015 and June 30, 2016 (Va. Code §8.01-581.15). This cap is imposed regardless of the circumstances of…
In a confidential settlement, an anesthesiologist agreed to pay $1,690,000.00 to settle a lawsuit brought by her patient who suffered a torn esophagus due to the negligence of a surgical anesthesiologist. As a part of the surgery, the anesthesiologist was supposed to inject air into the stomach to check for…