Justia Government & Administrative Law Opinion Summaries

Pike underwent complex surgery at Virginia Commonwealth University Medical Center to reconstruct the back of his mouth and was taken, for recovery, to the Surgical Trauma Intensive Care Unit. Unit patients are often in very critical condition and each nurse is responsible for two patients at most. Following a surgery such as Pike’s, it is important to keep the patient’s head stable to enable blood to flow. Pike's doctors did not write any orders specifically governing the position of his head or neck. A surgeon at the hospital testified that he would rely on the skill and expertise of the nurse to position the patient’s head. Five days after the surgery, Pike was found in a position that would cause “venous compromise.” The staff was instructed to avoid this practice. That afternoon, Pike’s physician found Pike again in that position, his face and neck massively swollen. Pike had to undergo further surgery, which was not successful. Pike's malpractice complaint was dismissed on the basis of sovereign immunity. Pike argued that Hagaman, a registered nurse, was not entitled to sovereign immunity. The Supreme Court of Virginia affirmed, noting that Hagaman’s discretion was cabined by physicians’ orders, that she could not refuse to accept a particular patient, that the hospital “had a high degree of control over Hagaman," who was supervised by senior staff, and that she was subject to hospital policies. The hospital pays her wages and determines her schedule. View "Pike v. Hagaman" on Justia Law

EMAC, LLC filed a declaratory judgment action against the County of Hanover and the Board of Supervisors of the County of Hanover (collectively, Defendants) challenging the Board’s decision to deny EMAC’s application for an extension of a conditional use permit. The circuit court granted Defendants’ demurrer and motion to dismiss, concluding (1) EMAC was required to prove that the existing zoning ordinance was unreasonable as applied to its property and that it failed to allege any facts to satisfy this requirement; and (2) the Board’s decision denying EMAC’s extension request was supported by a rational basis and was fairly debatable. The Supreme Court affirmed, holding (1) in ruling upon Defendants’ demurrer and motion to dismiss, the court properly interpreted the allegations in the amended complaint and the exhibits attached to it; (2) the circuit court erred in finding that EMAC was required to allege that the existing zoning ordinance was unreasonable as applied to its land in order to state a cause of action; but (3) the circuit court did not err in sustaining the demurrer on the ground that EMAC’s extension request was supported by a rational basis and was fairly debatable. View "EMAC, LLC v. County of Hanover" on Justia Law

Two weeks after Preston McKellar announced that he would be retiring as a structural welder for Northrop Grumman Shipbuilding, McKeller was injured during the course of his employment. Two weeks later, McKeller retired as scheduled. McKeller filed a claim against Northrop Grumman seeking medical benefits and temporary total disability compensation. A deputy commissioner with the Virginia Worker’s Compensation Commission awarded medical benefits as well as temporary total disability benefits. The Commission affirmed the award of medical benefits but denied the claim for temporary total disability benefits. The Court of Appeals affirmed, concluding that McKellar’s retirement, rather than his injury, caused his loss of compensation because the record supported the Commission’s finding that McKellar intended to retire and not seek other employment income. The Supreme Court reversed, holding that the deputy commissioner correctly found that McKeller was entitled to temporary total disability compensation because he was totally disabled and lacked all earning capacity. View "McKellar v. Northrop Grumman Shipbuilding" on Justia Law