Michael Phelan and Jonathan Petty | Virginia Trial Attorneys


A proven track record.

Here are some of the results and relief we have provided to our clients. Please note, the results listed are unique to the facts and circumstances of each case, and are not meant to be a predictor of the outcome of your personal injury case or any other case. Every case is unique.

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

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

$3.5 million personal injury settlement on behalf of Atlanta, Georgia children who suffered traumatic brain injury as a result of being lead poisoned.  This case was litigated against the Atlanta Housing Authority.

$3.25 million personal injury settlement against a Fredericksburg premises owner for a child who suffered a traumatic brain injury as a baby. As a result of unsafe conditions at the premises caused by deep carpet cleaning in wee hours of the morning, the adult who was carrying the child slipped on a wet floor, fell to the floor, and dropped the baby on his head.

$2.85 million personal injury settlement in a products liability case for a woman who developed a pre-leukemic disease from a benzene-containing pharmaceutical product.  A long discovery battle revealed that the pharmaceutical company had been warned by its own scientists to get the benzene out of the product.  At the time, this was the highest settlement in the country against this manufacturer for this product.

$2 million verdict in a medical malpractice case in Federal Court against a general surgeon who failed to timely diagnose and treat a patient’s small bowel obstruction. As a result of the failure to take the patient to surgery in time, the patient’s intestine ruptured. This caused him to become septic and required emergency transfer to another hospital. A team of expert surgeons removed the damaged bowel and placed a colostomy, which the patient will require for life.

$2 million settlement in a products liability case involving a firearm accessory known as a vertical fore grip.  In this case the grip failed while being used on a bull pup, pump-action shot gun, causing our client’s fore arm (grip in hand) to slide beyond the end of the Picatinny rail and the end of the barrel.  Our client sustained a shot gun blast to his wrist and hand area.  The incident happened the very first time the grip was used after being removed from its package.  We pursued theories of express and implied warranties. See Virginia Lawyers Weekly report of this case at the bottom of our Home page.

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

$1.6 million settlement in a medical malpractice case against an obstetrician and labor and delivery nurses who failed to recognize and act upon signs of fetal distress in a mother in labor. As a result 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 talk or walk 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 potential recovery.

$1.6 million arbitration award in a medical malpractice case against a general surgeon who failed to timely operate on a patient with a small bowel obstruction. Ignoring the safety 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 personal injury settlement for Richmond siblings who suffered brain damage as a result of being lead poisoned by lead paint.   A thorough understanding of the science of brain damage and of neuropsychological testing helped us achieve this result for our clients.  The defense hired a neurologist and a neuropsychologist to blame the childrens’ learning disabilities on everything but exposure to a potent neurotoxin.

$1.5 million personal injury settlement for a Stafford County man with mild traumatic brain injury and severe aggravation of depression following motor vehicle crash with a Mary Washington Hospital van.

$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 which required amputation above the knee.

$1.45 million settlement of a 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 alleged that the paving company did not place flaggers in the appropriate positions to prevent traffic from both roads from entering the intersection at the same time.  The defendant driver crashed into our client’s stopped vehicle.  Our client suffered a traumatic brain injury.

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

Confidential medical malpractice wrongful death settlement for patient who was taking anticoagulation medication (warfarin) because of a history of a blood clot.  The patient’s physicians administered PROFILNINE as an off label use to attempt to reverse her anticoagulation.  Unfortunately, the dose ordered and administered was nearly double the maximum recommended weight based dose.   Almost immediately after the infusion, the patient experienced cardiopulmonary arrest and died.  Autopsy revealed the cause of death to be pulmonary emboli.

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

$1.25 million personal injury products liability verdict in a Fen Phen diet drug mass tort trial that was  tried in Philadelphia.

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

$1.10 million in settlements in a tractor trailer truck wreck resulting in the wrongful death of our client. Claims were made against the truck driver and 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 on the truck company and publicly available safety information about the truck company that would have caused a reasonable broker not to hire this fly-by-night truck company.

$1 million personal injury settlement for child who suffered traumatic brain injury as a result of lead in the soil in the yard of his apartment owned by the Atlanta Housing Authority .

$1 million personal injury verdict in Richmond Circuit Court in products liability case for bridge construction worker who suffered relatively minor orthopedic injuries in a bridge collapse.  Client was working on the outside of the Wiley Bridge when the platform collapsed, sending him down into the James River.  Client required arthroscopic shoulder and ankle surgery.  The case was tried against the manufacturer of the bridge hangers, which were defectively welded.  The hangers failed, causing the platform to collapse. This was Michael Phelan’s first jury trial.

$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, and 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 early stage and treatable – by the time it was finally discovered three years later, it had spread and was incurable.

$900,000 personal injury 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, which was 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 whether the plaintiff even suffered a brain injury.

$850,000 medical malpractice recovery for a man who was forced to undergo multiple bowel resections following inappropriate surgery for diverticulitis.

$850,000 personal injury settlement of a Spotyslvania case for a man rear-ended by a pickup truck.  The motor vehicle 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 executive functioning.

$825,000 personal injury settlement for a Fredericksburg business man who suffered a mild traumatic brain injury as a result of being assaulted by bouncer at a Fredericksburg restaurant.

$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 by failing to observe the patient’s response to that medication, the patient’s ability to breathe was paralyzed, and she suffered 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 verdict in the City of Richmond for a man who suffered a low back spine injury as a result of being involved in a motor vehicle accident with a hit and run driver.  The highest settlement offer in the case was $150,000.00.

$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 as a result of the brain damage.  We presented medical testimony showing the decrease in brain volume experienced by our client since the crash.  The case was litigated in Newport News.

$700,000  personal injury settlement for a Henrico motorcyclist who was run off the road by a lumber truck.  Our client was an off-duty police officer.  The lumber truck driver and his employer alleged that the police stopped the wrong lumber truck, claiming that it must have been another lumber truck that ran the motorcycle off the road.  The motorcyclist suffered a moderate brain injury, but made a fantastic recovery.  He was back at work in a demanding job by the time of the settlement.

$550,000 personal injury settlement in a Henrico truck accident case for a woman who suffered a fractured calcaneus (heel) in a crash with a commercial truck.  The tractor trailer truck 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 verdict in Newport News 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 was $40,000.

We’d love to achieve a positive result for you. To discuss your legal rights and remedies, contact us today. You can email us or call toll-free 866.249.3164.