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- Patten Wornom Hatten & Diamonstein, L.C. | Virginia Lawyers With a National Reputation
Jury Awards $3.45M in Asbestos-Related Death Virginia Lawyers With a National Reputation Contact PWHD We ask that you complete all the information in the form below so our lawyers are able to understand your particular needs. If you require immediate assistance, please call us at (757) 223-4500. Disclaimer Submit Contact Us
- James H. Shoemaker, Jr. | Patten, Wornom, Hatten & Diamonstein, L.C.
JAMES H. SHOEMAKER, JR. PARTNER Jamie Shoemaker focuses his practice on whistleblower and employment law. He has tried more than seventy cases to verdict in state and federal courts of record throughout the United States, before arbitration panels, Administrative Law Judges and other forums. He has successfully resolved hundreds more of his clients' claims through mediation and negotiated settlement. Highly experienced in complex litigation, Jamie has served as lead counsel and co-lead counsel in some of the most significant False Claims Act (“FCA”) and employment cases in the country. Jamie represented the successful whistleblower in U.S. ex rel Williams v. Reckitt Benckiser Group (“RBG”) which settled for a total of $1.4 billion dollars in 2019 – at the time it was the largest fraud settlement ever obtained related to the opioid crisis. In 2021, he represented the same client against a former Reckitt subsidiary that resulted in an additional $600 million dollar settlement. Though Jamie’s client was the third to file against the Reckitt family of companies, he was the first lawyer to name the London-based parent, RBG. As a result, Jamie’s client was deemed first-filed as to both cases and won a high eight-figure whistleblower award. Jamie also represented one of the eight successful relators in the 2009 recovery against Pfizer totaling $2.3 billion. The Pfizer and Reckitt settlements are each among the top five FCA settlements ever obtained. In 2017, Jamie obtained the largest FMLA verdict ever returned in Virginia, and one of the largest in the U.S. He has achieved wage and hour class action recoveries that are among the largest in the Southeast. He was named one of Virginia’s ten “Go To Employment Lawyers” by Virginia Lawyers Weekly in 2022. Jamie holds Martindale Hubbell’s AV Preeminent rating, that firm’s highest rating for quality and integrity. Since 2006, Jamie has been listed in "Best Lawyers in America," a publication which seeks to identify the country's top practitioners through a national survey of lawyers and judges. For the past sixteen years Virginia Business Magazine has named him to its "Virginia Legal Elite" listing of the state's top lawyers. In 2005, the New York Chapter of the National Employment Lawyers Association awarded Jamie their Courageous Advocate Award at a ceremony in Manhattan for his work representing African-Americans in a race discrimination case. Jamie attended the Virginia Military Institute on a Navy ROTC scholarship and received a Bachelor of Arts in Economics from VMI in 1984. Upon his graduation from VMI, he was commissioned as a naval officer and served four years on active duty and three years in the reserves. While on active duty, he served as navigator and tactical action officer aboard a destroyer and made two deployments to the North Atlantic and Middle East. In 1991, after his naval service, he received his Juris Doctor from the University of Richmond. Virginia Governor George Allen appointed Jamie as a commissioner of the seven member Hampton Roads Sanitation District Commission in 1995. HRSD is a public wastewater utility with an annual budget of approximately $540,000,000.00. He was reappointed to HRSD by Governor Jim Gilmore in 2000. Jamie is a former board member and president of the Hampton Roads Federal Bar Association. He served as president and trustee of the Sarah Bonwell Hudgins Foundation for over ten years. He has also served on the Boards of the Peninsula Metropolitan YMCA, Peninsula Legal Aid, St. Andrews Episcopal School, the Fort Monroe Authority Finance Committee, and Christopher Newport University Sailing Foundation. Jamie currently serves on the Peninsula Regional Board of Old Point National Bank. Email: jshoemaker@pwhd.com Phone: (757) 223-4560 Practice Areas: Whistleblower / Qui Tam: Heath Care Fraud Medicare and Medicaid Fraud Pharmaceutical Fraud DOD Fraud Contractor Fraud Anti-Kickback Statute 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 Employment and Labor: Litigation of all workplace issues Sexual Harassment and Sexual Assault in the Workplace Racial Harassment Wage and Hour Overtime Violations of the Fair Labor Standards Act Non-Compete and Restrictive Covenant Litigation Employment Contracts and Severance Negotiations Wrongful Discharge Workplace Retaliation Employment Discrimination Personal Injury: Wrongful Death and Serious Injury Automobile Accidents Maritime Accidents Aircraft Accidents vCard Contact Education: University of Richmond School of Law - Juris Doctor Virginia Military Institute - Bachelor of Arts in Economics Military: U.S. Navy, 1984-1988: Surface Warfare Officer; Tactical Action Officer; Navigator; Lieutenant (0-3) U.S. Naval Reserve 1988-1991: Surface Warfare / Combat Patrol Craft Officer Admissions: Virginia State Bar U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. Court of Appeals for the District of Columbia U.S. Court of Appeals for the Federal Circuit United States District Court for the Eastern District of Virginia United States District Court for the Western District of Virginia United States District Court for the District of Columbia Pro Hac Vice admissions in cases serving as lead counsel in the following states: Florida, Tennessee, New Hampshire, Ohio, Illinois, Texas, Washington, New York and California Supreme Court of Virginia Honors and Civic Service: Awarded "AV" rating by Martindale-Hubbell Named one of Virginia’s ten “Go To Employment Lawyers,” Virginia Lawyers Weekly, 2022 The Best Lawyers in America (2006-Present) Super Lawyers (2007 - Present) Best Lawyers, Lawyer of the Year in Employment Law - Hampton Roads - (2024, 2018, 2016, 2012) Best Lawyers, Lawyer of the Year in Litigation - Hampton Roads -Labor and Employment (2021) Virginia Legal Elite by Virginia Business Magazine (2009-Present) Courageous Advocate Award, New York Chapter of the National Employment Lawyers Association (2005) Business & Community Service: Peninsula Regional Board, Old Point National Bank (2021 – present) Board member and president, Hampton Roads Federal Bar Association (2007‑2012) Appointed by Governor Allen as Commissioner of the seven member Hampton Roads Sanitation District Commission (1995) Reappointed by Governor Gilmore to Hampton Roads Sanitation District Commission (2000) President and trustee of the Sarah Bonwell Hudgins Foundation Board member, the Peninsula Metropolitan YMCA Member, Fort Monroe Authority Finance Committee Board member, Peninsula Legal Aid Peninsula Legal Aid Volunteer of the Year (1994) Board member, Christopher Newport University Sailing Foundation Trustee of St. Andrews Episcopal School
- What is Asbestos | Patten, Wornom, Hatten & Diamonstein
ASBESTOS LITIGATION What Is Asbestos? Read More Asbestos Exposure What is Mesothelioma? What did Companies Know? Occupations at Risk Ship Builders, and Navy Veterans Asbestos Disease Claims Contact Us What is Asbestos? Asbestos, a set of six naturally occurring minerals, has been used for more than 2000 years for its heat resistance and insulation properties. Three of these asbestos types, chrysotile, amosite, and crocidolite, were actively mined for their heat resistant properties. The remaining three types, tremolite, actinolite, and anthophyllite, were primarily non-commercial contaminants in other types of asbestos ore or in talc ore. When was Asbestos Utilized and Why? Asbestos use gained popularity in the late 1800s during the Industrial Revolution and peaked during World War II. By the early 1900s, however, it was reported that inhaling asbestos dust and fibers could cause deadly lung diseases. Asbestos was used in a variety of products which were commonly used in shipbuilding and repair, in construction at industrial sites, and in railroads and the automotive industry. Veterans, shipyard workers, railroad workers, and those involved in construction and maintenance at power plants, refineries and other industrial sites where asbestos products were commonly used or installed are at an increased risk of asbestos-related diseases, including mesothelioma, lung cancer and asbestosis. Family members of those workers are also at an increased risk of asbestos-related diseases. If you or a loved one 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 and we'll contact you. Asbestos Litigation Attorneys Robert R. Hatten Contact PWHD Hugh B. McCormick, III. Geoffr ey R. Grau Adam M. Hawks
- Hernia Mesh | Patten, Wornom, Hatten & Diamonstein
PRODUCTS LIABILITY LITIGATION Hernia Mesh Read More Products Liability Home Asbestos Benzene Exposure Camp Lejeune Water Contamination Lawsuit CPAP Machines Medical Devices Paraquat and Parkinson’s Disease Roundup Sunscreen and Benzene Talc Zantac Contact Us What Is A Hernia? Hernias can occur in a variety of ways, but most occur when an organ or tissue protrudes through a weak spot in the abdominal muscles. This often results in a bulge in the groin or stomach region that aches and burns. Depending on where the hernia occurs, it may also cause swelling of the testicles, heartburn, and vomiting. The primary concern with a hernia is small intestine strangulation. This occurs wh en the hernia blocks blood supply to the small intestines. Hernias typically require either open or laparoscopic surgery and may also require the use of hernia mesh. Hernia mesh is used to repair both ventral and inguinal hernias. What Are Hernia Mesh Products? There are a wide variety of hernia mesh produc ts. Hernia meshes are loose, flexible meshes that are used during hernia surgery to support weakened or damaged tissue in order to aid in the healing process and prevent future hernias. Some patients who had a hernia mesh implant to treat a hernia have experienced complications including infections, adhesions, hernia recurrence, additional corrective surgery hernia recurrence, bowel perforation or obstruction, or other medical conditions. There are a variety of hernia mesh products still in use today that have not been recalled by the FDA. PWHD’s attorneys are currently investigating hernia mesh claims related to the following products. Polypropylene Hernia Mesh Products: PHYSIOMESH Physiomesh Flexible Composite Mesh is a type of polypropylene hernia mesh made and released by Johnson & Johnson’s subsidiary, Ethicon, in October 2010. Physiomesh is intended for use in laparoscopic surgery and is designed to reinforce the abdominal wall to prevent future hernias from occurring. In April 2010, the Food and Drug Administration (FDA) granted 510(k) clearance to Physiomesh, meaning Physiomesh was not required to undergo FDA review or clinical trials to evaluate its safety before it was placed on the market. Johnson & Johnson recalled its product in May 2016, after unpublished studies demonstrated that Physiomesh had a higher hernia recurrence and reoperation rate than the average rates of other meshes on the market. The FDA has analyzed potential hernia repair surgery complications in situations where hernia mesh was used, and this review found that the most common adverse effects include pain, infection, hernia recurrence, adhesion, and bowel obstruction. Other potential complications include mesh migration and mesh shrinkage. C.R. BARD HERNIA MESH C.R.Bard is the manufacturer of a variety of hernia mesh products, including SepraMesh, Ventralex, Bard 3D Max, Kugel, Kugel Composix Mesh, PerFix Plug, Ventrio, Ventrio ST, Composix E/X Mesh, Visilex, Spermatix and Marlex. C.R. Bard meshes are made of a material called Marlex HGX-030-01, which is a polypropylene resin. Extensive scientific research shows that polypropylene degrades in the human body. When the material degrades, it can break off inside the body resulting in injuries and complications. PWHD is currently investigating claims for individuals who have undergone hernia surgery involving Physiomesh, C.R. Bard, and other hernia meshes, and who later experienced medical complications. If you or a loved one have undergone hernia surgery using a hernia mesh product and have experienced medical complications, our products liability attorneys would like to talk to you. You can discuss your potential claim with us at no cost by calling us today at 757-223-4500 or filling out our online contact form . Products Liability Attorneys Contact PWHD Hugh B. McCormick, III.
- Employment & Labor | Patten Wornom Hatten & Diamonstein
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
- 2022 Super Lawyers | Patten Wornom Hatten & Diamonstein
2022 Super Lawyers Patten, Wornom, Hatten & Diamonstein (PWHD) is excited to celebrate with our attorneys that have been named to the 2022 Super Lawyers List. About Super Lawyers 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. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Virginia Super Lawyers can be found by searching the directory online at superlawyers.com 17th time selected as a Super Lawyer Donald N. Patten Donald Patten, a Newport News attorney, has represented individuals and businesses in product liability and negligence actions, commercial contract disputes and real estate business matters for over 50 years. Patten, who represents firm clients in multi-jurisdictional asbestos related bankruptcy proceedings, has been named in Best Lawyers in America every year since 2001 and has been chosen as a Virginia Super Lawyer every year since 2006. He is a former President of the Virginia Trial Lawyers Association and has been awarded the highest AV ranking by the Martindale-Hubbell® lawyer rating service. Approximately 10% of all attorneys hold an AV Preeminent Rating, a designation trusted worldwide by buyers and referrers of legal services. 17th time selected as a Super Lawyer Robert R. Hatten For over 40 years Bobby Hatten has been a pioneer and national leader in asbestos litigation, prosecuting cases across Virginia and the nation for shipyard workers, Navy veterans, industrial workers, and their families. His work has established landmark decisions relating to maritime jurisdiction, statutes of limitations, conflicts of law, monetary damages, and product liability. For over 25 years he has been listed in The Best Lawyers in America and chosen by Best Lawyers as Lawyer of the Year for 2019. In 2010 he was chosen to be a fellow of the International Academy of Trial Lawyers. VTLA, ATLA, and Lawyers Weekly have each conferred special advocacy awards for his many contributions to the law. Jury verdict in the Top 10 Verdicts in Virginia for 8 consecutive years (2006-2013) and 2016. 16th time selected as a Super Lawyer James H. Shoemaker, Jr. Jamie Shoemaker has served as lead counsel in very significant employment cases around the U.S. resulting in numerous six and seven figure recoveries. He is “AV” rated by Martindale-Hubbell. Highly experienced in complex litigation, Jamie has served as lead counsel or co-lead counsel in several False Claims Act Qui Tam matters involving various types of healthcare fraud and fraud against the Department of Defense. In 2019, he served as lead counsel representing the successful whistleblower resulting in the $1.4 billion recovery against Reckitt Benckiser Group and a related $600 million recovery against a former RBG subsidiary. As of 2019, this was the largest opioid-related fraud settlement in U.S. history.
- News Updates | Patten Wornom Hatten & Diamonstein
News Updates Robert R. Hatten, Esq. Awarded Martindale-Hubbell AV Preeminent For Thirty Years October 25, 2022 Rector Robert R. Hatten, Esq. CNU Recognition September 23, 2022 2022 Super Lawyers September 9, 2022 Best Lawyers in America (Edition 2023) August 18, 2022 PWHD Attorneys Named to CoVa Biz Magazine’s 2022 Top Lawyers in Coastal Virginia February 09, 2022 Donald N. Patten receives honorary degree of Doctor of Laws from William & Mary Law School November 19, 2021 Lung Cancer Awareness November 16, 2021 Hatten Inducted into Omicron Delta Kappa November 3, 2021 Mesothelioma Awareness Day September 26, 2021 CPAP Machines August 8, 2021 Soundscapes 2021 Golf Classic presented by PWHD June 8, 2021 Hatten Speaks at CNU Commencements for 2020 & 2021 May 26, 2021 16th Annual Food Frenzy to Benefit the Virginia Peninsula Foodbank April 1, 2021 Governor Northam Signs Landmark Product Liability Bill into Law. March 26, 2021 Consolidated Appropriations Act, 2021 January 27, 2021 Rector Robert R. Hatten, Esq. Statement on Black Lives Matter and Social Justice CNU Board of Visitors June 04, 2020
- Governor Northam Signs Landmark Bill | Patten Wornom Hatten & Diamonstein
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
- Talc | Patten, Wornom, Hatten & Diamonstein
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
- CNU Rector Robert R. Hatten | Recognition | Patten Wornom Hatten & Diamonstein
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.
- What Did Companies Know | Patten, Wornom, Hatten & Diamonstein
ASBESTOS LITIGATION What Did Companies Know? Read More Asbestos Exposure What is Asbestos? What is Mesothelioma? Occupations at Risk Ship Builders, and Navy Veterans Asbestos Disease Claims Contact Us By the 1920s, the non-malignant disease of asbestosis, was known to kill or disable workers. By the 1940s, major medical journals began publishing articles linking asbestos to cancer. But companies continued to use the mineral in manufacturing and construction, failing to inform the public of the serious health risks associated with asbestos. Throughout 1930s, 1940s and 1950s, major journals published articles on asbestosis and how to protect workers and control the release of asbestos dust. And by the 1940s, 1950s and 1960s, reports of a previously unheard-of asbestos cancer, mesothelioma, were published. 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 for a free case evaluation. Asbestos Litigation Attorneys Robert R. Hatten Contact PWHD Hugh B. McCormick, III. Geoffr ey R. Grau Adam M. Hawks