A Federal Court in Richmond has recently declared a Virginia medical malpractice plaintiffs allowed is, its $1.8 million jury award, court costs, in addition, which basically means that legal costs in the State statutory cap not be calculated.

Wendell Waggener had claimed neck surgical services, filed a lawsuit against Dr. Steven j. Oltermann and Northern Oltermann to disability diagnose no colon and perform an emergency procedure in a timely manner.  The jury awarded Waggener, was representing Attorney John petty, $2 million, from Richmond the 1.8 million by the cap on malpractice damages was dropped.

Waggener requested an award for $2,706.88 in legal expenses the defendant against his motion, but. The accused made the argument that the banned state statutory damage cap the Federal Court, taxation costs pursuant to fed. R. CIV P.54(d), because the verdict on which CAP would go until then.

US District Judge Robert Payne rejected the defendant claim that the allocation of the costs of the plaintiff would later as Virginia's Cap Press Award.  Federal courts firmly according to Payne continuously, that taxation of costs is a question of the Federal Republic of, not state is substantive law.

Petty said he was all not able find opinions in federal or State Court documents.

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