The information provided in this newsletter does not constitute and should not be construed as legal advice. The contents are for informational purposes only and you should consult an attorney before taking any action that may be described herein. Receipt of this newsletter does not in any way establish a client/attorney relationship. Representation is only established through the execution of a contract with Bertini & Hammer. CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE; INDIVIDUAL CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY BERTINI & HAMMER, PC OR ITS ATTORNEYS. The information contained in this newsletter may be considered an advertisement or advertising material as defined in the Rules of Professional Conduct which governs attorneys in Virginia.


Doctor must defend med-mal claim after consult on diagnosis
A woman who filed a $2 million medical-malpractice suit can sue a pathologist who reviewed tissue specimens on slides and consulted with the main pathologist on the case, a Norfolk Circuit judge has ruled. Click here in order to read the full article


Embattled Budget Director to Resign; Job Eliminated Click here in order to read the full article


A primer on recent court rulings, minus the legalese Let’s talk about those big Supreme Court rulings that came out a few weeks ago. No, not those rulings. Our subject today isn’t gay marriage or voting rights. It’s workplace discrimination and retaliation. Click here in order to read the full article


Lisa Bertini and Courtney Williams received a rare verdict in a retaliation lawsuit on behalf of a female lifeguard against the VBLS tried in the USDC in Norfolk in May. Click here for details


Man died from undiagnosed brain infection – $1,700,000 Settlement:
Amberley Hammer successfully settled a wrongful death case regarding 33-year-old decedent who was hospitalized with a fever, headache, brain lesion and blurred vision. He was diagnosed with a venous sinus thrombosis and remained febrile. An infection was considered, but antibiotics were never administered. The patient died five days later from an undiagnosed brain infection, which plaintiff contended was treatable with antibiotics.


Jury finds retaliation in lifeguard bias case

A federal court jury this week awarded $17,500 in damages to a former employee of the Virginia Beach Lifesaving Service after finding the woman was fired for filing a discrimination complaint, the woman's attorney said. Former lifeguard Robin Lang was able to show that the lifesaving service retaliated against her by firing her after she filed a gender discrimination complaint with the Equal Employment Opportunity Commission, said attorney Lisa A. Bertini, who represented Lang. Click here to read the article...

Click here to read Robin Lang's story...



Fewer workers filed claims for discrimination last year
Local complaints about workplace discrimination - particularly claims of racism - dropped last year, according to statistics compiled by the Norfolk office of the U.S. Equal Employment Opportunity Commission. The number of complaints totaled 951 last year, down 3 percent from 985 in 2011. Racism remained the most prevalent accusation, but the number of racial complaints fell 12 percent, to 394 from 447.

Click here in order to read the article


Virginia Fellow Lisa A. Bertini Elected to the Fourth Judicial Circuit on the Virginia State Bar Council

Recently Lisa A. Bertini, was elected by her colleagues to represent the Fourth Judicial Circuit on the Virginia State Bar Council. As a shareholder and President of Bertini & Hammer, PC in Norfolk Ms. Bertini practices employment law, contract litigation and personal injury. While she represents both plaintiffs and defendants, she primarily has a very small but very busy plaintiffs' practice. Click here in order to read the full article


Employers want your Facebook password
Is it legal?

“It is potentially a violation of a general privacy right. There is nothing I can think of right now in Virginia that would protect an applicant if they say no and then they don't get the job," said Attorney Lisa Bertini, of Bertini & Hammer, PC.


Local lawyer discusses Facebook privacy
Some employers are demanding applicants hand over their Facebook password as part of a background check. But is this legal? WAVY.com spoke with Norfolk Attorney Lisa Bertini who said it is "potentially a violation of a general privacy right."


Amberley Hammer successfully settled a wrongful death case for $1.7 million for the lovely family of an eighteen month old little boy who presented to the emergency room with respiratory distress. The baby’s respiratory distress was untreated and mismanaged resulting in his cardiac arrest and death.


Infant suffers brain injury from placental abruption
Settlement: $2.3 million

At 35 weeks pregnant, plaintiff went to the labor and delivery emergency room at Portsmouth Naval Medical Center, complaining of severe lower abdominal cramping that started earlier that morning with a pain level of 8 on a scale of 10. She was not connected to a fetal heart monitor for almost one hour after her presentation. Once she was placed on a fetal heart monitor; the fetal heart rate pattern had a minimal variability and was non-reactive, a very alarming sign. A physician was not notified until approximately one hour after that time. An emergency cesarean section was performed over two-and-a-half hours after admission for severe fetal bradycardia and possible placental abruption. The findings during the c-section were a complete placental abruption. The baby suffered a severe hypoxic brain injury that is permanent, and she will require lifelong care. The case was filed under the Federal Tort Claims Act. [11-T-044]

U.S. to pay $2.3 million to settle malpractice case



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