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

Wendell Waggener claimed neck surgical services, filed a lawsuit against Dr. Steven j. Oltermann and Northern Oltermann to diagnose not colonic obstruction and carry out an emergency procedure in a timely manner.  The jury awarded Waggener represented lawyer John petty, $2 million from Richmond the 1.8 million by the cap on medical malpractice damages was dropped.

Waggener requested an award for $2,706.88 in legal expenses, but the defendants objected against his request. The accused made the argument that the State prohibited the Federal Court, statutory damage Cap taxation costs pursuant to fed. R. CIV-P.54(d), since the verdict on the CAP would go until then.

US District Judge Robert Payne rejected the defendant claim that the allocation of the costs of the plaintiff would push higher than Virginia's Cap price.  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 that he could find any comments in federal or State Court on this issue.

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