top of page

Search Results

60 results found with an empty search

  • Occupations at Risk | Patten, Wornom, Hatten & Diamonstein

    Anyone who comes into contact with asbestos dust and fibers may be at risk. However, certain occupations have shown a high incidence of asbestos related disease due to their consistent and regular work with asbestos products. If you have been diagnosed with an asbestos related disease like Mesothelioma, Lung Cancer, or Asbestosis, call us at 1-800-459-1881 or locally at 757-223-4545​ for a free consultation. You can also fill out our contact form​ for a free case evaluation. ASBESTOS LITIGATION Occupations at Risk Read More Asbestos Exposure What is Asbestos? What is Mesothelioma? What did Companies Know? Ship Builders, and Navy Veterans Asbestos Disease Claims Contact Us Anyone who comes into contact with asbestos dust and fibers may be at risk. However, certain occupations have shown a high incidence of asbestos related disease due to their consistent and regular work with asbestos products. If you have been diagnosed with an asbestos related disease like Mesothelioma, Lung Cancer, or Asbestosis, call us at 1-800-459-1881 or locally at 757-223-4545 for a free consultation. You can also fill out our contact form for a free case evaluation. Workers including shipyard and Navy machinists, pipefitters, insulators, boiler tenders, and steamfitters at local shipyards and Navy installations. These workers used asbestos gaskets, packing, boiler refractories, pumps, valves, distilling units and other asbestos-containing equipment. These workers used asbestos gaskets, packing, boiler refractories, pumps, valves, distilling units and other asbestos-containing equipment. Operators and maintenance workers at large industrial plants such as refineries, paper mills, and other factories used the same products. The construction workers were also exposed through a variety of construction materials including asbestos-containing tile, roofing, drywall compound, asbestos-cement pipe, electrical components and other materials used on both residential and commercial sites. In addition to the foregoing occupational exposure, however, there have been many instances of “take-home” exposure through dust brought home on workers’ clothes and personal belongings. Many of these cases have arisen in our own community. Automobile mechanics were also routinely exposed to asbestos dust and fibers from brake and clutch pads, gaskets and other asbestos products during the normal and routine maintenance of cars, trucks, trailers, cranes and other heavy equipment. If you or a loved one have been diagnosed with an asbestos related disease like Mesothelioma, Lung Cancer, or Asbestosis, call us at 1-800-459-1881 or locally at 757-223-4545 for a free consultation. You can also fill out our contact form for a free case evaluation. Asbestos Litigation Attorneys Robert R. Hatten Contact PWHD Hugh B. McCormick, III. Geoffr ey R. Grau Adam M. Hawks

  • Terms of Use | Patten, Wornom, Hatten & Diamonstein

    Terms of Use Defined TERMS OF USE Thank you for visiting the web site of Patten, Wornom, Hatten and Diamonstein, L.C., ("PWHD"). This web site was created by PWHD so that you could learn more about the legal services that we offer and other information related to the law. This content is for informational purposes only. None of the information at this web site is intended to constitute, nor does it constitute, legal advice, and none of the information necessarily reflects the opinions of PWHD, its attorneys or clients. Please read our Disclaimer which is incorporated into these Terms, for additional limitations on the use and effect of this web site. This "Terms of Use " document outlines the conditions on which this web site is made available to you. Read the Terms of Use carefully. If you use this Web site, you are deemed to have read, understood, and agreed to these Terms of Use. If you do not accept the Terms of Use, you should stop reading or otherwise using the web site or any materials obtained from it. PWHD IS NOT RESPONSIBLE FOR CONTENT PWHD may periodically change, remove, or add to the material on this web site without notice. This material may contain technical or typographical errors. PWHD does not guarantee its accuracy, completeness or suitability. In addition, PWHD hereby advises you that legal advice will only be accurate and applicable if provided by a licensed attorney who is familiar with the factual circumstances of your situation. The information provided by our web site is not intended to replace or substitute for review by a licensed attorney. PWHD assumes no liability or responsibility for any errors or omissions in the contents of this web site. Your use of this web site is at your own risk. Under no circumstances shall PWHD or any other party involved in the creation, production or delivery of this web site be liable to you or any other person for any direct, indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, this web site. IN NO EVENT SHALL PATTEN, WORNOM, HATTEN AND DIAMONSTEIN, L.C., BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING IN ANY WAY TO THIS MATERIAL, FOR ANY USE OF THIS WEB SITE, OR FOR ANY OTHER LINKED WEB SITE. THIRD-PARTY WEB SITES This web site contains links to third party web sites for the convenience of our users. PWHD does not endorse any of these third party sites and does not imply any association between PWHD and those sites. PWHD does not control these third party web sites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use links to access and use such web sites, you do so at your own risk. PWHD is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. STATE LAWS VARY PWHD lawyers are licensed to practice law only within the states of New York, Pennsylvania, Washington DC, and Virginia, but we affiliate or form relationships with lawyers throughout the United States. PWHD may refer prospective clients to other law firms located throughout the country, who have relationships with PWHD, and are experienced in handling such cases. PWHD may also undertake legal representation in certain cases, and will affiliate with other legal counsel located throughout the country to provide legal representation. The laws of each State are different. This web site contains information about general or common rules that apply in some states. This web site also contains information about verdicts or settlements in past cases. You cannot assume that the same rules apply, or that the same result would occur, in your state or any particular state. Statutes of Limitations are especially important. Every state has laws called the "statute of limitations" which set a deadline to file litigation. That means that if litigation is filed too late, it may be thrown out of court, regardless of the defendant's fault or the severity of the injuries. Some states have a two-year period for negligence injury claims; the time period in other states may be longer or shorter. Insurance policies, particularly homeowners insurance, may require that suit be filed within one year of a loss. Some states allow claims against government agencies, but require a written notice very soon after the accident, perhaps within three months. Because investigation and research is needed to identify all possible defendants and theories of recovery, if you have an accident or injury, you should consult a lawyer as soon as possible. LEGAL AND ETHICAL REQUIREMENTS PWHD has tried to comply with all applicable legal and ethical requirements in compiling this web site. We welcome comments about our compliance with the applicable rules and will update the site as warranted upon learning of any new or different requirements. To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for this web site, Patten, Wornom, Hatten and Diamonstein, L.C., designates its office in Newport News, Virginia (USA), 12350 Jefferson Avenue, Suite 300, and its managing Member, Robert R. Hatten, Esq. STATE ADVERTISING DISCLOSURES Because some material on this web site constitutes lawyer advertising, and this web site may be viewed from anywhere in the United States, particular disclosures are required by the rules of some states. PWHD adopts and makes the following disclosures: Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Colorado: Colorado does not certify attorneys as specialists in any field. Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa. Kentucky and Oregon: THIS IS AN ADVERTISEMENT. Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations. Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert. New Jersey: ATTORNEY ADVERTISEMENT -- NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision. New Mexico: LAWYER ADVERTISEMENT. New York : ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome. Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee. Texas: Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization. Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without regard to any choice of law principles. Disputes arising hereunder shall be subject to the exclusive jurisdiction of the state courts of Virginia. COPYRIGHT Copyright © 2020 Patten, Wornom, Hatten and Diamonstein, L.C. All rights reserved. All materials presented on this site are copyrighted and owned by Patten, Wornom, Hatten and Diamonstein, L.C., unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

  • Employment & Labor | Patten Wornom Hatten & Diamonstein

    Our Employment Law Practice Group approaches this critical and constantly evolving area of law with broad experience and balanced perspective. We have represented businesses of all types and sizes in nearly every kind of workplace dispute. In addition, in significant cases, we have represented individual plaintiffs and groups of plaintiffs in wrongful discharge, employment contract disputes, and harassment and discrimination cases. LITIGATION AREA Employment & Labor Our Approach Our Employment Law Practice Group approaches this critical and constantly evolving area of law with broad experience and balanced perspective. We have represented businesses of all types and sizes in nearly every kind of workplace dispute. In addition, in significant cases, we have represented individual plaintiffs and groups of plaintiffs in wrongful discharge, employment contract disputes, and harassment and discrimination cases. Business Clients For our business clients, we recognize that building and administering an effective workforce is fraught with challenge. The firm believes strongly that proactive implementation of well-crafted personnel policies and effective training is vital to achieving a productive work environment and reducing the risk of employee lawsuits. We have extensive experience drafting employee handbooks, drug-free workplace programs and the myriad policies required by the constantly evolving field of employment law. In addition, we have extensive experience crafting employment agreements, non-solicitation and non-competition agreements and provisions to protect confidential and proprietary information. Our Experience in Employment & Labor Litigation Finally, and most importantly, our experience and expertise derives from litigating employment law issues and seeing, first hand, how judges and juries react to employers who have not been proactive in their compliance efforts. We have a depth of experience representing businesses and individuals on the many kinds of employment law disputes. This gives us a perspective that is truly unique. Whether you have found yourself in a lawsuit, contemplating one, or you simply want to ensure that your business has done everything it can to reduce the risk of becoming embroiled in employment litigation, our Employment Law Practice Group has scaled the complex "learning curve" associated with employment law issues and can quickly and effectively address your needs. If you need assistance, please contact James H. Shoemaker, Jr., Esq . at (757) 223-4580 or (757) 223-4500 . Employment & Labor Attorney James H. Shoemaker, Jr. Contact PWHD

  • Sunscreen and Benzene | Patten, Wornom, Hatten & Diamonstein

    What is Benzene? Benzene is typically a byproduct of oil, gasoline, and other volatile substances and processes. The toxicity of benzene has been known since at least 1897 and the International Agency for Research On Cancer (“IARC”) has classified benzene as a Group 1 human carcinogen that has been linked to the development of acute myeloid leukemia (AML), acute lymphocytic leukemia (ALL), chronic lymphocytic leukemia (CLL), multiple myeloma, and non-Hodgkin lymphoma... PRODUCTS LIABILITY LITIGATION Sunscreen & Benzene Read More Products Liability Home Asbestos Benzene Exposure Camp Lejeune Water Contamination Lawsuit CPAP Machines Hernia Mesh Medical Devices Paraquat and Parkinson’s Disease Roundup Talc Zantac Contact Us Valisure®, a firm that independently checks the chemical composition of medications before they reach consumers, recently tested many different sunscreen products for the presence of toxic substances. As a result of these tests, Valisure® discovered that many sunscreens on the market have alarming levels of benzene. What is Benzene? Benzene is typically a byproduct of oil, gasoline, and other volatile substances and processes. The toxicity of benzene has been known since at least 1897 and the International Agency for Research On Cancer (“IARC”) has classified benzene as a Group 1 human carcinogen that has been linked to the development of acute myeloid leukemia (AML), acute lymphocytic leukemia (ALL), chronic lymphocytic leukemia (CLL), multiple myeloma, and non-Hodgkin lymphoma. The FDA likewise recognizes the high danger of benzene and lists it as a “Class 1 solvent” that should not be employed in the manufacture of drug substances and products because of its unacceptable proximity. The National Institute for Occupational Safety and Health (NIOSH) recommends that workers working with benzene wear protective equipment if they expect to be exposed to concentrations in excess of 0.1 parts per million (ppm). Sunscreen Products Valisure® found that some of the sunscreen products tested had levels of benzene that surpassing 2 ppm or “over 400 times the threshold for systemic carcinogenicity assessment for at least one sunscreen active ingredient.” May 24, 2021 Valisure® Citizen Petition to FDA, at 2 (hereinafter Valisure® Petition). Valisure® also found that some sunscreens have no benzene contamination whatsoever, meaning that benzene apparently is not a necessary ingredient for sunscreen and there are reasonable and feasible alternatives. Valisure’s citizen’s petition to the FDA revealed that fourteen different sunscreen products had benzene contamination exceeding 2 ppm. Ten of these products were sold under the Neutrogena brand, two were sold under the CVS Health brand, and one each were sold under the Sun Bum and Fruit of the Earth brands. Thirteen of these products were spray products, while the one Fruit of the Earth product was a gel. Twenty-six additional sunscreen products contained benzene contamination from 0.1 ppm to 2 ppm. The majority of these were Neutrogena branded sunscreen, but they also include Banana Boat, CVS Health, SunBurnt, Goodsense, Raw Elements, TopCare Everyday, and EltaMD branded products. Though most were sprays, they also included lotions and gels. As one clinician and researcher from Yale commented: “Considering that human skin has a large total surface area (~1.85 m2), and that ~28.5 g of sunscreen is needed per application to properly cover that skin surface, it follows then that there is not a safe level of benzene that can exist in sunscreen products. The total mass of sunscreen required to cover and protect the human body, in single daily application or repeated applications daily, means that even benzene at 0.1 ppm in a sunscreen could expose people to excessively high nanogram amounts of benzene.” Valisure® Petition, at 17 (quoting Email from Dr. Christopher Bunick, MD, PhD, Associate Professor of Dermatology at Yale University, New Haven, CT). PWHD is investigating cases involving personal injury or death as a result of benzene contamination of certain sunscreen products. If you or a loved one are a longtime user of sunscreen products and have been diagnosed with a benzene-related disease such as Leukemia, Non-Hodgkin’s Lymphoma, Multiple Myeloma, or other blood diseases, please contact PWHD today for a free, NO COST consultation by calling 757-223-4500 or filling out our online contact form . Products Liability Attorneys Robert R. Hatten Contact PWHD Hugh B. McCormick, III.

  • 2022 Top CoVa Biz Lawyers| Patten Wornom Hatten & Diamonstein

    2022 Top CoVa Biz Lawyers Robert Hatten - Product Liability, Duncan Garnett, Jr - Medical Malpractice Plaintiff, and James Shoemaker, Jr - Labor and Employment. 2022 Top CoVa Biz Lawyers Patten, Wornom, Hatten & Diamonstein, LC (PWHD) is pleased to announce that our attorneys were named to CoVa Biz Magazine’s 2022 Top Lawyers of Coastal Virginia. Robert R. Hatten Product Liability James H. Shoemaker, Jr. Labor and Employment Law

  • Personal Injury & Wrongful Death | Patten, Wornom, Hatten & Diamonstein

    Our personal injury attorneys are dedicated to helping victims of car crashes and trucking crashes obtain justice for their injuries, and maximum compensation from the parties responsible in causing them harm. On average, there is one car crash every five minutes and 144 people injured per day from car crashes. LITIGATION AREA Personal Injury & Wrongful Death Litigation Our Approach Our personal injury attorneys are dedicated to helping victims of car crashes and trucking crashes obtain justice for their injuries, and maximum compensation from the parties responsible in causing them harm. On average, there is one car crash every five minutes and 144 people injured per day from car crashes. Commercial trucking crashes also occur every day, and in 2020, the Virginia Department of Motor Vehicles’ annual Virginia Traffic Crash Facts reported that there were 4,296 crashes involving commercial motor vehicles alone, 1,605 of which involved injury and 93 fatalities. If you or a loved one has been injured or killed because of a car crash or trucking crash, our personal injury attorneys can help. Our Experience in Personal Injury & Wrongful Death Litigation Since 1954, the Virginia trial lawyers at Patten, Wornom, Hatten, & Diamonstein, L.C. have successfully prosecuted serious and complex personal injury and wrongful death actions. During the past 25 years, they have won compensation for thousands of asbestos product liability claims and have become national leaders in mass tort litigation. They are also leaders of the Virginia Trial Lawyers Association and the Southern Trial Lawyers Association. Today, PWHD's trial lawyers are at the forefront of personal injury litigation against reckless drivers, negligent health care providers and nursing homes, and manufacturers and suppliers of dangerously defective products. To view a complete list of personal injury cases accepted by the firm, please view our practice areas. For the past several decades, our Virginia personal injury law firm has dedicated its practice to helping accident victims obtain justice for their injuries and maximum compensation from the parties responsible for causing them harm. With its roots in asbestos litigation, Patten, Wornom, Hatten & Diamonstein has seen the devastating effects another’s negligence can have on an individual and has dedicated its practice to ensuring those who fail to provide a reasonable level of care, whether in a hospital or on the roadway, are held accountable for their actions. Providing both aggressive representation and compassionate advice, our Virginia accident attorneys have successfully represented car crash, medical malpractice and other accident victims, building a strong and enviable track record of results. Our attorneys have successfully represented personal injury victims in the following areas: Car Accidents Motorcycle Accidents Nursing Home Abuse or Neglect Tractor Trailer Accidents Premises Liability Brain and Spinal Injury Pedestrian Accidents Slip and Fall Accidents Uninsured Motorist Claims Dog Bites Boating Accidents Maritime Litigation Jones Act Litigation No amount of money can replace a loved one in the event of an unexpected accident, but there are instances in which surviving loved ones may have an outlet to pursue justice and compensation to assist with finances in an unstable time. Essentially, when an individual dies as a result of another’s negligence, certain family members may be able to pursue a Virginia wrongful death lawsuit, in which compensation for medical bills, loss of spousal services and wages and other damages may be available. At our law firm, our Newport News wrongful death attorneys understand that taking legal action and recovering monetary damages will not ease the anguish that accompanies a loved one’s death. It can, however, provide some peace of mind and offer compensation for expenses that would not have been incurred if it hadn’t been for the negligence of another individual or entity. To find out if you are eligible for a Virginia wrongful death lawsuit, complete our free, no obligation case review form today. Our Virginia wrongful death lawyers represent surviving loved ones of those who passed away in the following types of accidents: Truck accidents Car crashes Motorcycle accidents Nursing home abuse Medical errors Premises liability As local Newport News attorneys, our firm has obtained a well-known reputation as providing compassionate and aggressive services to those who have suffered the wrongful death of a loved one. To find out how we can help, contact us at 757-223-4545 today or online for a free case review . There is a time limit for filing Virginia wrongful death claims, so do not hesitate to reach out to our team of experienced attorneys, who are ready to listen to your claim and outline the steps which may be possible to death with both the emotional and financial ramifications of your loss. Personal Injury & Wrongful Death Attorneys James H. Shoemaker, Jr. Contact PWHD Hugh B. McCormick, III. Personal Injury Attorney

  • Whistleblower / Qui Tam | Patten, Wornom, Hatten & Diamonstein

    Whistleblower (also known as Qui Tam) cases under the Federal False Claims Act, state acts, or government agency whistleblower program, such as the SEC or IRS whistleblower programs, are complex. While successful cases can lead to substantial recoveries by both the government and the whistleblower, not every case is a strong one. In general, the most successful cases are ones in which the government takes an interest and “intervenes..." LITIGATION AREA Whistleblower / Qui Tam Whistleblower (also known as Qui Tam) cases under the Federal False Claims Act, state acts, or government agency whistleblower program, such as the SEC or IRS whistleblower programs, are complex. While successful cases can lead to substantial recoveries by both the government and the whistleblower, not every case is a strong one. In general, the most successful cases are ones in which the government takes an interest and “intervenes.” A skilled whistleblower attorney understands how those intervention decisions are made and know how to position the case to increase the likelihood of intervention. The PWHD Whistleblower team understands the difficulties that whistleblowers face in deciding whether to pursue a case. We recognize that for some whistleblowers, the decision could have an enormous impact on their professional lives. That is why we take great care to counsel whistleblowers not only about the strengths and weaknesses of their case, but also about the road ahead that may await someone who blows the whistle on fraud. Successful False Claims Act whistleblower cases can require significant resources – both in developing the case that is filed and, in some instances, in litigating against the defendant. PWHD has those resources. In cases involving complex, fraudulent schemes in the world of business, finance, and health care, we have helped our clients recover the profits and penalties due when fraud and wrongdoing occurs. For a confidential case evaluation, please contact us at 1.888.563.1378 . We handle cases nationwide in all 50 states. The Anti Fraud Law Group at PWHD is an integral part of a nationally recognized plaintiffs’ litigation firm. When you choose PWHD to handle your whistleblower lawsuit, you can expect your case to be backed by big-firm resources and your journey through the legal process to be handled with boutique-firm personalized attention. If you are aware of fraud or illegal activity that you are considering reporting, we can advise you about your rights and how to protect yourself as a whistleblower. Call Patten, Wornom, Hatten & Diamonstein today at (757) 223-4536 for your free and confidential consultation. We help whistleblowers pursue justice for fraud against the government and recover awards for their efforts in cases involving: Health Care Fraud Medicare and Medicaid Fraud Pharmaceutical Fraud Contractor Fraud Procurement Fraud General Services Administration (GSA) Fraud Financial Services Fraud SEC Dodd-Frank Violations Stark Violations IRS Tax Fraud Foreign and Corrupt Practices Nursing Home and Hospice Fraud Education and Grant Fraud Whether your case falls under the Federal False Claims Act, state acts, or government agency whistleblower program, such as the SEC or IRS whistleblower programs, our attorneys have the experience and resources necessary to steer your case through years of the legal process. We are committed to seeing that justice is served and you are rewarded for coming forward as a whistleblower. Are you ready to blow the whistle on fraud against the government and claim your reward for providing necessary information to the case? Call our experienced whistleblower lawyers today at (757) 223-4536 for your consultation, which is always free and confidential. Whistleblower / Qui Tam Attorney Contact PWHD James H. Shoemaker, Jr.

  • Governor Northam Signs Landmark Bill | Patten Wornom Hatten & Diamonstein

    PWHD is pleased to announce that Governor Northam signed HB 2139 into law. This bill amends Virginia Code § 8.01-249 by providing a more reasonable time limit for Virginians suffering from latent diseases caused by toxic substances and defective products to bring a claim. Delegate Elizabeth Guzman was the Chief Patron of this bill, which will go into effect on July 1, 2021.  Governor Northam Signs LandMark Product Liability Bill Into Law Read More Products Liability Home Asbestos Benzene Exposure Camp Lejeune Water Contamination Lawsuit CPAP Machines Hernia Mesh Medical Devices Paraquat and Parkinson’s Disease Roundup Sunscreen and Benzene Talc Zantac Contact Us PWHD is pleased to announce that Governor Northam signed HB 2139 into law. This bill amends Virginia Code § 8.01-249 by providing a more reasonable time limit for Virginians suffering from latent diseases caused by toxic substances and defective products to bring a claim. Delegate Elizabeth Guzman was the Chief Patron of this bill, which will go into effect on July 1, 2021. Under prior law, many victims' claims were time barred before they even knew they were injured. This bill corrects this inequity by providing that the statute of limitation in a case involving a latent disease or injury resulting from exposure to a substance or the use of a product does not start to run until the injured person knew or should have known of the injury and its causal-connection to an injury-causing substance or product. PWHD attorneys have worked hard for many years to promote this change to Virginia law. During the 2021 session, PWHD products liability partner, Robert R. Hatten, testified in the House Courts of Justice and Senate Judiciary Committees about the need for this change, and the inherent injustice that existed for those suffering from latent diseases in Virginia under existing law. This bill was supported by a 2020 Fourth Circuit Court of Appeals decision, which applied Virginia’s statute of limitations to dismiss a latent disease claim filed by a coal miner against the manufacturer of a defective respirator. The court’s opinion characterized the current Virginia statute of limitations for latent disease claims as tantamount to a “get out of jail free card” for manufacturers of dangerous products because the time limit on these claims expires before the victim is even diagnosed with the disease, much less is aware of the cause of that disease. See Adams v. American Optical Corp., 979 F.3d 248 (2020). As the court observed, Virginia’s law is manifestly unfair because an individual with a latent disease or injury will never get his or her day in court. This inherent inequity was based upon the 1981 Virginia Supreme Court decision Locke v. Johns-Manville Corp., 221 Va. 951, 275 S.E.2d 900, which held that the statute of limitations for latent disease claims “do[es] not accrue when the diagnosis is first made or when symptoms first occur.” Instead, the court held, the statute of limitations begins to run when any "injury, however slight" first occurs in the body, a time that “expert medical testimony may demonstrate to have occurred weeks, months, or even years before the onset of symptoms.” The Court concluded that “the adoption of a discovery rule which triggers the running of the statute only when the injury is discovered or should have been discovered in the exercise of reasonable diligence must be accomplished by the General Assembly.” Following Locke, in 1985, Robert R. Hatten spearheaded the passage of statutes by the Virginia General Assembly to change the time limit for filing asbestos claims, so that the time limit did not begin to run until an individual received a diagnosis of an asbestos-related disease from his or her physician. Unfortunately, the change regarding asbestos-related diseases did not address other toxic and carcinogenic substances. The new amendment to Virginia Code § 8.01-249 signed into law by Governor Northam corrects this inequity and brings Virginia law in line with the majority of other states by stating that the statute of limitation does not start to run the injured person knows or should know of the injury and its causal-connection to an injury-causing substance or product. The attorneys at PWHD bring over 70 years of litigation experience to a variety of complex matters. PWHD is a local firm with a national reputation. Starting as a pioneer and champion of the rights of asbestos victims, PWHD’s product liability practice has grown over time to handle a wide variety of defective product lawsuits, including breast implants, hernia mesh, Zantac, Roundup®, Biocell, Benzene, and talc. If you have been injured as a result of a defective product design, manufacturing defect, or a failure to warn of the hazards of a product, please contact us for a free case evaluation . We can help. Products Liability Attorneys Robert R. Hatten Contact PWHD Hugh B. McCormick, III. Jean nette M. Dodson-O'Connell Daniel R. O. Long Geoffr ey R. Grau

  • CNU Rector Robert R. Hatten | Recognition | Patten Wornom Hatten & Diamonstein

    PWHD is honored to share that Robert R. Hatten, Esq. has been recognized by the Christopher Newport University Board of Visitors for his continued dedication to the University and selfless service as its Rector. CNU Rector Robert R. Hatten, Esq. Recognition "In grateful appreciation of your service as Rector to the Board of Visitors of Christopher Newport University" 2018 - 2022 In Appreciation PWHD is honored to share that Robert R. Hatten, Esq. has been recognized by the Christopher Newport University Board of Visitors for his continued dedication to the University and selfless service as its Rector.

  • Talc | Patten, Wornom, Hatten & Diamonstein

    What is Talc? Like asbestos, talc is a rock that is mined from the ground. Because talc and asbestos are similar minerals, asbestos typically is found intermingled with talc. Talc is mined through blasting and open pit mining, and it is impossible to separate asbestos fibers from talc during the mining process or during the subsequent refining process... PRODUCTS LIABILITY LITIGATION Talc Read More Products Liability Home Asbestos Benzene Exposure Camp Lejeune Water Contamination Lawsuit CPAP Machines Hernia Mesh Medical Devices Paraquat and Parkinson’s Disease Roundup Sunscreen and Benzene Zantac Contact Us Talcum powder (Talc) has been used for decades in a wide variety of consumer products. Because these consumer products were part of the cosmetic and fragrance industry, they were largely outside of the regulatory authority of the Food and Drug Administration (FDA). Key companies using talc in consumer products include Johnson & Johnson, Colgate Palmolive, Chanel, Claire, and Beauty plus, among others. What is Talc? Like asbestos, talc is a rock that is mined from the ground. Because talc and asbestos are similar minerals, asbestos typically is found intermingled with talc. Talc is mined through blasting and open pit mining, and it is impossible to separate asbestos fibers from talc during the mining process or during the subsequent refining process. Nevertheless, the cosmetic and fragrance industry lobbied hard to avoid FDA regulation and to convince the FDA that there was no asbestos contamination in cosmetic talc. We now know that the cosmetic industry relied on tests of talc that did not have the sensitivity to find asbestos and that talc products have been contaminated with asbestos for decades. There is no safe level for asbestos. The asbestos contamination in talc has been proven to cause mesothelioma and cancers of the reproductive organs, such as ovarian cancer. If you have mesothelioma, ovarian cancer, or another cancer of the reproductive organs, and you routinely used a talc product throughout your life, contact us . We can help. Asbestos Litigation Attorneys Robert R. Hatten Contact PWHD Hugh B. McCormick, III. Geoffr ey R. Grau Adam M. Hawks

  • Mesothelioma Litigation | Patten, Wornom, Hatten & Diamonstein

    Mesothelioma is a rare form of cancer which develops in the mesothelium, the protective lining that covers many of the body's internal organs. There are four main types of mesothelioma: pleural mesothelioma which occurs in the lining around the lungs; peritoneal mesothelioma, which occurs in the lining around the stomach and abdomen; pericardial mesothelioma, which occurs in the lining around the heart; and mesothelioma of the tunica vaginalis, which occurs in the lining around the testes. ASBESTOS LITIGATION What Is Mesothelioma? Read More Asbestos Exposure What is Asbestos? What did Companies Know? Occupations at Risk Ship Builders, and Navy Veterans Asbestos Disease Claims Contact Us What is Mesothelioma ? Mesothelioma is a rare form of cancer which develops in the mesothelium, the protective lining that covers many of the body's internal organs. There are four main types of mesothelioma: pleural mesothelioma which occurs in the lining around the lungs; peritoneal mesothelioma, which occurs in the lining around the stomach and abdomen; pericardial mesothelioma, which occurs in the lining around the heart; and mesothelioma of the tunica vaginalis, which occurs in the lining around the testes. All four types are caused by asbestos exposure. By far the most prevalent type is pleural mesothelioma, shown below: The Symptoms of Mesothelioma The initial symptoms associated with mesothelioma are usually pain in the back, chest or abdomen as well as fatigue and loss of weight. This is usually followed by an unexplained and sudden shortness of breath caused by a buildup of fluid (called an "effusion") between the mesothelial lining and the organ it covers. Malignant mesothelioma is often difficult to diagnose. A definitive diagnosis typically often may only be made after a biopsy is performed to obtain a tissue sample. Because malignant mesothelioma is a rare disease, many hospitals and physicians do not have a great deal of experience with this disease and may have difficulty making the diagnosis. If you have any of the foregoing symptoms and have a history of asbestos exposure, contact your physician as soon as possible. We have forty years of experience prosecuting mesothelioma cases. If you have been diagnosed with an asbestos related disease like Mesothelioma, Lung Cancer, or Asbestosis, call us at 757-223-4545 for a free consultation. You can also fill out our contact form . Robert R. Hatten Contact PWHD Hugh B. McCormick, III. Geoffr ey R. Grau Adam M. Hawks Asbestos Litigation Attorneys

  • Best Lawyers in America (2023) | Patten Wornom Hatten & Diamonstein

    PWHD is excited to announce that 5 of our attorneys have been named to the 2022 Super Lawyers List. Only the top 5% of attorneys in each state are selected to the Super Lawyers List, which evaluates lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.  Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. 2023 Best Lawyers Honorees According to Best Lawyers, "Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America." Donald N. Patten Mass Tort Litigation / Class Actions - Plaintiffs Personal Injury Litigation - Plaintiffs Product Liability Litigation - Plaintiffs Robert R. Hatten 2023 "Lawyer of the Year" for Product Liability Litigation - Plaintiffs in Norfolk Mass Tort Litigation / Class Actions - Plaintiffs Personal Injury Litigation - Plaintiffs Product Liability Litigation - Plaintiffs Hugh B. McCormick, III Mass Tort Litigation / Class Actions - Plaintiffs Product Liability Litigation - Plaintiffs James H. Shoemaker, Jr. Employment Law - Individuals Litigation - Labor and Employment

bottom of page