--- description: SB 1107 Dies in Committee but Gains Legislative Momentum to Change Virginia’s Medical Malpractice Caps title: SB 1107 Dies in Committee but Gains Legislative Momentum to Change Virginia’s Medical Malpractice Caps image: https://www.chaikinandsherman.com/wp-content/uploads/2020/10/Joseph-Cammarata-full-res-scaled.jpg --- # SB 1107 Dies in Committee but Gains Legislative Momentum to Change Virginia’s Medical Malpractice Caps * Last Updated: November 20, 2025 * Reading Time: 5 minutes Trusted Content ![090424_CSCS_APE30](https://www.chaikinandsherman.com/wp-content/uploads/elementor/thumbs/090424_CSCS_APE30-r7ld7n5zxjd9ezimssquc85jvnm28x0iit481i4iwo.jpg "090424_CSCS_APE30") Legally Reviewed by Allan Siegel Updated 4 months ago [Home](https://www.chaikinandsherman.com/) » [Recent Posts](https://www.chaikinandsherman.com/blog/) » SB 1107 Dies in Committee but Gains Legislative Momentum to Change Virginia’s Medical Malpractice Caps ![](https://www.chaikinandsherman.com/wp-content/uploads/2024/10/toplawyer.png) [ ![Best Law Firms - Regional Tier 1 Badge](https://www.bestlawyers.com/Badges/Metro/35728/17508/15/washington-d-c/O/Detail.png "Best Law Firms - Regional Tier 1 Badge") ](https://www.bestlawfirms.com/firms/chaikin-sherman-cammarata-siegel/35728/US) ![](https://www.chaikinandsherman.com/wp-content/uploads/2024/08/Artboard-10.png) ![](https://www.chaikinandsherman.com/wp-content/uploads/2024/10/1.png) ![](https://www.chaikinandsherman.com/wp-content/uploads/2024/08/Artboard-12.png) ![](https://www.chaikinandsherman.com/wp-content/uploads/2024/08/Artboard-14.png) ![](https://www.chaikinandsherman.com/wp-content/uploads/2024/12/TopLawyers24_t-300x185-1.png) ![](https://www.chaikinandsherman.com/wp-content/uploads/2024/08/Artboard-15.png) What's On This Page [Case Results](https://www.chaikinandsherman.com/case-results/) $35.6 Million * Medical Malpractice $17.1 Million * Medical Malpractice $5 Million * Medical Malpractice $4.5 Million * Medical Malpractice $600,000 * Medical Malpractice [View All Practice Areas](https://chaikinandsherman.com/practice-areas/) [Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) [ I would never worry again if they are on the case. Tilwanda Dofat Personal Injury ](https://www.chaikinandsherman.com/blog/testimonials-clients/i-would-never-worry-again-if-they-are-on-the-case/) [ They held my hand through the entire process. Meraf Mitchell ](https://www.chaikinandsherman.com/blog/testimonials-clients/they-held-my-hand-through-the-entire-process/) [ They paved the way for a brighter future. Sheree Whitby ](https://www.chaikinandsherman.com/blog/testimonials-clients/they-paved-the-way-for-a-brighter-future/) [ I’m greeted with a hug every time I come. Sheba Halliburton Personal Injury ](https://www.chaikinandsherman.com/blog/testimonials-clients/im-greeted-with-a-hug-every-time-i-come/) [ They are always was available for any of my concerns. Teresa Morring ](https://www.chaikinandsherman.com/blog/testimonials-clients/they-are-always-was-available-for-any-of-my-concerns/) [ Your office has taken care of us every step. Shyama Personal Injury ](https://www.chaikinandsherman.com/blog/testimonials-clients/your-office-has-taken-care-of-us-every-step/) ## Contact Us Today! "\*" indicates required fields Name\* First Last Name\* Last Email\*\* Phone\* Are you a new client?\* Are you a new client? \*Yes, I'm a potential new client.No, I'm a current existing client.I'm neither Case Type Case TypeMotor Vehicle AccidentSlip & FallAssaultMedical MalpracticeAbuseWork InjuryOther Were You at Fault? Were You At Fault?NoYesUnknown Where Did The Incident Occur? Where Did The Incident Occur?Washington, D.C.VirginiaMarylandOther Did The Accident Occur In the Last Two Years? Did The Accident Occur In the Last Two Years?YesNo Share Brief Description of the Incident\* Sheldon describes how a routine elective surgery left his wife with permanent anoxic brain injury, requiring around-the-clock care. Attorney Joseph Cammarata took the case to trial and secured a jury verdict exceeding $35 million — a record in the Commonwealth of Virginia at the time. Video Transcript **Sheldon (00:05):** In October of 2015, which we just hit our nine-year anniversary, my wife went in for elective back surgery. And the course of that surgery, the surgeon nicked a stomach artery coming from the back and it took them 22 minutes to figure out how to stop the bleeding. They didn’t know where it was coming from. So essentially my wife coded for 22 minutes, no oxygen, no blood getting to the brain, she should have died. But they finally sutured her up and she lived because she’s a fighter, but she now and then had anoxic brain injury and nine years later she still can’t perform any of the activities of daily living. She never will be able to. She’s incontinent. She requires a caregiver 24/7, and I’m that caregiver about 70% of the time. My kids were 13 and 16 at the time. So I had to kind of say, well, mommy’s not coming home from the hospital the next day, and eventually your mother’s not going to be coming home the same. **Sheldon (01:00):** So they now kind of take care of her and they don’t have a mom anymore that they knew, and I can’t replace her in that sense. Her salary and she was working at the time, was going to go to the college education and I was working. So it changed a lot of things, but primarily we just lost the person we knew to love. So at the point when I finally realized I wanted to get some legal assistance, I shopped around a little bit and then I thought about Joe and I’m glad I did. So I came to this office and we talked about the case and he was aware that she’d been injured, but didn’t know any of the details, and he looked into it and said, this is a case I want to take on. I want to help you guys. The jury voted in favor of us. **Sheldon (01:49):** The award was the highest in this Commonwealth of Virginia at the time. It was excess of 35 million. Help you address it. Do you know that I had anoxic brain interest? You do. So if I was in my shoes again or talking to someone about what they would do, I would call this firm. I think they’re really great. They’re good people. They’ve been doing this for a long time. So I just think you would get a fair shake here and you would be well treated. And it’s not, again, just attorneys. It’s a team of people behind the scenes that will help you. So I’m not being paid to give this endorsement, but I think they’re really good for. The bipartisan effort ([SB 1107](https://lis.virginia.gov/cgi-bin/legp604.exe?ses=211&typ=bil&val=SB1107)) to modify Virginia’s limit on the recovery of damages in medical malpractice actions is over for the current legislative session. Still, several senate judiciary members agree the commonwealth should evaluate the cap that serves as a ceiling on all the damages a malpractice victim suffers. [**Watch: Sen. Bill Stanley discusses SB 1107 to help medical malpractice victims receive full justice**](https://www.youtube.com/watch?v=ILzas25QBIU) At the Feb. 1 subcommittee meeting, Sen. J. Chapman Petersen said elected representatives are responsible to victims when there is long-term and catastrophic quantifiable damage. He doesn’t think the cap is “sustainable as a long-term solution,” but wasn’t prepared to repeal it in 2021, citing COVID and the need for further study. “I think that the ice might be finally breaking on this issue,” he said. Sen. John Edwards said, “I’d like to take a more comprehensive look at this whole approach and look at what other states are doing. Maybe get some groups together to figure out how we can deal with this as a societal problem, not just a doctor or hospital problem.” Also weighing in was Sen. Jennifer B. Boysko, who said, “I am intrigued by \[the\] idea of setting up \[a victim compensation\] fund or doing something so that we do leave those families as harmless as possible. I hope we could think of studying this or putting it into another posture where we can find a win-win.” ## Nancy’s case a “punch in the gut” Attorney Joseph Cammarata spearheaded efforts to change Virginia law and modify the cap on the recovery of damages for medical malpractice. He was inspired by his friend and neighbor, Nancy, who suffered catastrophic malpractice injuries following routine back surgery. A 1976 Virginia law puts a “cap” on the total jury verdict in every medical malpractice case, no matter how substantial the medical bills and other damages. In Nancy’s case, the cap was $2.2 million, but her economic damages and medical costs were $9.3 million. “She effectively was allowed zero compensation for the destruction of her quality of life and must rely on taxpayer-funded public health insurance for her ongoing medical treatment,” [said Sen. Bill Stanley, bill patron for SB 1107](https://www.youtube.com/watch?v=ILzas25QBIU). “The jurors listened to the evidence and then awarded in excess of the cap only to find out that their hard work and their dedicated jury service was for nothing.” Five jurors from Nancy’s case, including Forewoman Jessica Zucal and Dr. Christopher Sarampote, testified at the subcommittee meeting to support the bill. Dr. Sarampote, a clinical psychologist who works with vulnerable patients, called the damages cap in Nancy’s case a “punch in the gut.” “I was dumbfounded how my state could adhere to a practice that seems so skewed to the detriment of my fellow citizens. It felt morally wrong,” he said. Zucal added she was “personally outraged” by Nancy’s case. “Legislation that privileges insurance companies – a billion-dollar industry – over the needs of a catastrophic injury victim is unjust.” [**Watch: Feb. 1, 2021 – Judiciary Subcommittee: Civil Law**](https://virginia-senate.granicus.com/MediaPlayer.php?view%5Fid=3&clip%5Fid=3993) Sen. Surovell, co-patron of SB 1107, outlined several points supporting the bill. “This \[cap\] is one of the policies that’s been on the books of the commonwealth for a long time and has really troubled me,” he said. “Effectively, the legislature has made the decision that when a certain group of people in businesses make mistakes, we’re going to socialize that cost on taxpayers instead of isolating the costs on the people who caused the harm.” He also noted some studies show insurance rates correlate with the bond market and insurance returns, not caps. “Insurance companies basically play with massive quantities of money. And when returns go down, they start squeezing the people that pay their premiums to get them paid,” Sen. Surovell said. “They have nothing to do with settlements or verdicts. In fact, the companies in Virginia had [made billions of dollars in premiums](https://drive.google.com/file/d/1smlGyTIBhIB-KpTflpsHaKyOmPHELOeA/view)that they haven’t made in other states because of this cap.” The senator also argued the cap on damages causes many cases to go to trial in Virginia that would never go to trial in other states. “States that don’t have the cap have unlimited exposure. That’s what forces settlements and gets cases out of the system instead of causing them to spend lots of time in court. Having a cap \[has\] caused our court system to be clogged.” ## Cap creates a “bizarre situation” Sen. Surovell said he’s heard about cases where the bills caused by the malpractice are so substantial, the liens on the claim are higher than the cap. “Anything that’s recovered will go to the government or the carrier. \[The victim\] doesn’t get any justice. It’s a bizarre situation: Somebody horribly injures somebody, but nobody will take the case because there are too many liens in the case, and the government will take the money.” He added, “In our trial by jury system of government, which \[Virginia\] pioneered, we decided that people should decide what these cases are worth, not legislatures. I believe that this policy as it stands today is unconstitutional, which is consistent with what many other supreme courts around the country have started to find over the last 10 years. And it’s just a matter of time before a court takes this down if we don’t do it ourselves.” ## The end of SB 1107 … for now Dr. Todd Parker, an emergency medicine specialist who testified against the bill on behalf of the Virginia College of Emergency Physicians, said because of COVID, it’s not the right time to make changes to the cap. However, he also indicated a willingness to address medical malpractice caps in the future. “I see cases where things go wrong, and there’s no question – on both sides – that we could work to improve the medical malpractice and medical legal system in Virginia. But that requires a comprehensive solution, not a unilateral solution,” Dr. Parker said. “We would always be willing to discuss ways to reform medical malpractice in Virginia to make it better for doctors (and) to make it better for patients.” As a champion for victims’ rights, Cammarata said something needs to be done to help Virginians who fall victim to medical malpractice. “Despite the senate judiciary subcommittee’s action to pass by the bill for the current legislative session, I consider it a win. The legislators publicly stated their view there’s a need to modify the cap.” Cammarata added, “SB 1107 sent a clear message to legislators and the medical and insurance lobbies: It’s time for action. I will not rest until we can ensure other malpractice victims don’t bear the same injustice as Nancy.” ## Data on malpractice insurance affordability At the meeting, Sen. Surovell refuted Independent Insurance Agents of Virginia’s testimony that there is an availability and affordability crisis for medical malpractice insurance. “I asked the State Corporation Commission’s Bureau of Insurance Agents & Agencies for statistics on the affordability of malpractice insurance because I keep hearing that we need this cap to keep insurance in an affordable place,” he said. Sen. Surovell requested a comparison of malpractice premiums for Virginia and Texas and learned Texas has a cap of $250K on noneconomic damages but no cap on economic damages. Using Nancy’s case as an example, he said, she might have received a $250,000 cap on pain and suffering, but her $9 million in medical bills would have been covered. “For internal medicine, the premiums in Virginia are a little bit lower on the high end, a little bit about the same on the low end. For OBGYN, by the way, which has much more malpractice risk than internal medicine, Virginia premiums ranged from $31K a year to $109K. Whereas in Texas, which doesn’t have a cap like we do, the premiums range from $25K to $101K.” Sen. Surovell added, “In other words, it is cheaper to get medical malpractice insurance as an OBGYN in Texas, which has no cap, than it is in Virginia. 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[ Ira Sherman's Bio ](https://chaikinandsherman.com/attorney-profiles/ira-sherman/) Joseph Cammarata Partner [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsAvvo_1@2x.png) ](https://www.avvo.com/attorneys/20036-dc-joseph-cammarata-646894.html) [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsFind-Law@2x.png) ](https://lawyers.findlaw.com/profile/view/2406039%5F1) [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsSuperLawyers_1@2x.png) ](https://profiles.superlawyers.com/washington-dc/washington/lawyer/joseph-cammarata/4f253733-840c-463f-87ec-6cc17ee0a029.html) [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsMartindale_1@2x.png) ](https://www.martindale.com/attorney/joseph-cammarata-346862/) [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsBest-Lawyers_1@2x.png) ](https://www.bestlawyers.com/lawyers/joseph-cammarata/44340) [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsLawyers.com_1@2x-1.png) ](https://www.lawyers.com/washington/district-of-columbia/joseph-cammarata-346862-a/) Licensed in Washington, D.C., Maryland, and Virginia A dual board-certified civil trial attorney, **Joseph Cammarata** is nationally recognized for his fierce advocacy, landmark legal victories, and relentless pursuit of justice for victims of serious injury, wrongful death, sexual assault, and civil rights violations. With wins against powerful opponents—including a historic U.S. Supreme Court case securing equal access to justice—he’s the attorney clients trust when they need skill, strength, and results that matter. [ Joe Cammarata's Bio ](https://chaikinandsherman.com/attorney-profiles/joseph-cammarata/) Allan M. 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Siegel** is a board-certified trial attorney and partner at Chaikin, Sherman, Cammarata & Siegel, P.C., known for securing justice in serious personal injury, brain injury, and wrongful death cases. Recognized as one of Washington’s _Top 100 Super Lawyers®_ and a _Best Lawyer®_ in America, he combines strategic precision, courtroom skill, and relentless advocacy to win full and fair compensation for his clients. [ Allan Siegel's Bio ](https://www.chaikinandsherman.com/attorney-profiles/allan-m-siegel) Stephen Ollar Partner [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsAvvo_1@2x.png) ](https://www.avvo.com/attorneys/20036-dc-stephen-ollar-4985471.html) [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsFind-Law@2x.png) ](https://lawyers.findlaw.com/profile/view/5218424%5F1) [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsSuperLawyers_1@2x.png) ](https://profiles.superlawyers.com/washington-dc/washington/lawyer/stephen-ollar/0d2f3acf-e355-463a-b158-79a2e9e3d917.html) [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsMartindale_1@2x.png) ](https://www.martindale.com/attorney/stephen-paul-ollar-300437406/) [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsBest-Lawyers_1@2x.png) ](https://www.bestlawyers.com/lawyers/stephen-oilar/345719) [ ![](https://www.chaikinandsherman.com/wp-content/uploads/2025/10/lawyericonsLawyers.com_1@2x-1.png) ](https://www.lawyers.com/washington/district-of-columbia/stephen-paul-ollar-300437406-a/) Licensed in Washington, D.C., Maryland, and Virginia **Stephen Ollar** is an award-winning trial attorney and U.S. Army veteran dedicated to holding negligent individuals and corporations accountable. Recognized as a _Super Lawyers Rising Star_ from 2020–2025, he’s known for his tenacity, precision, and unwavering pursuit of justice in personal injury, auto accident, and medical malpractice cases. [ Stephen Ollar's Bio ](https://www.chaikinandsherman.com/attorney-profiles/stephen-ollar/) Related Articles [ Read More Blog Articles ](https://www.chaikinandsherman.com/blog/) ### [ $17.1 Million Medical Malpractice Verdict ](https://www.chaikinandsherman.com/17-1-million-dollar-medical-malpractice-verdict/) ### [ Pharmaceutical Errors ](https://www.chaikinandsherman.com/medical-malpractice/pharmacy-errors/pharmaceutical-attorney/) ### [ Managed Care ](https://www.chaikinandsherman.com/managed-care/) ### [ Zika Blood Test Errors ](https://www.chaikinandsherman.com/zika-blood-test-errors/) ### [ Transvaginal Mesh ](https://www.chaikinandsherman.com/personal-injury/product-liability/transvaginal-mesh/) ### [ Talcum Powder Lawsuits ](https://www.chaikinandsherman.com/personal-injury/product-liability/talcum-powder-lawsuits/) ### [ Surgical Errors ](https://www.chaikinandsherman.com/medical-malpractice/surgical-errors/) ### [ Fatal Medical Errors ](https://www.chaikinandsherman.com/medical-malpractice/fatal-medical-errors/) ### [ Failure to Treat ](https://www.chaikinandsherman.com/medical-malpractice/failure-to-treat/) [![](https://www.chaikinandsherman.com/wp-content/uploads/2022/04/Screen-Shot-2022-04-13-at-5.46.01-PM-300x200.png)](https://www.chaikinandsherman.com/blog/2022/06/law-firm-obtains-17-1-million-medical-malpractice-verdict/) Medical Malpractice ### [ Law Firm Obtains $17.1 Million Medical Malpractice Verdict ](https://www.chaikinandsherman.com/blog/2022/06/law-firm-obtains-17-1-million-medical-malpractice-verdict/) On April 6, 2022 Partner Allan M. Siegel obtained a jury verdict of $17,107,000 in [ Read More » ](https://www.chaikinandsherman.com/blog/2022/06/law-firm-obtains-17-1-million-medical-malpractice-verdict/) 06/28/2022 [![](https://www.chaikinandsherman.com/wp-content/uploads/2021/12/giammarco-zeH-ljawHtg-unsplash-300x200.jpg)](https://www.chaikinandsherman.com/blog/2021/12/cscs-named-best-law-firm-by-u-s-news-and-world-report-in-the-field-of-personal-injury-and-medical-malpractice-and-featured-as-top-lawyers-by-northern-virginia-maga/) Medical Malpractice ### [ CSCS Named “Best Law Firm” by U.S. News and World Report in the Field of Personal Injury and Medical Malpractice and Featured as “Top Lawyers” by Northern Virginia Magazine ](https://www.chaikinandsherman.com/blog/2021/12/cscs-named-best-law-firm-by-u-s-news-and-world-report-in-the-field-of-personal-injury-and-medical-malpractice-and-featured-as-top-lawyers-by-northern-virginia-maga/) We are proud to announce that for the third consecutive year, Chaikin, Sherman, Cammarata & [ Read More » ](https://www.chaikinandsherman.com/blog/2021/12/cscs-named-best-law-firm-by-u-s-news-and-world-report-in-the-field-of-personal-injury-and-medical-malpractice-and-featured-as-top-lawyers-by-northern-virginia-maga/) 12/14/2021 [![Presidential Immunity Attorney](https://www.chaikinandsherman.com/wp-content/uploads/2020/10/Joseph-Cammarata-full-res-300x221.jpg)](https://www.chaikinandsherman.com/blog/2021/02/sb-1107-dies-in-committee-but-gains-legislative-momentum-to-change-virginias-medical-malpractice-caps/) Medical Malpractice ### [ SB 1107 Dies in Committee but Gains Legislative Momentum to Change Virginia’s Medical Malpractice Caps ](https://www.chaikinandsherman.com/blog/2021/02/sb-1107-dies-in-committee-but-gains-legislative-momentum-to-change-virginias-medical-malpractice-caps/) The bipartisan effort (SB 1107) to modify Virginia’s limit on the recovery of damages in [ Read More » ](https://www.chaikinandsherman.com/blog/2021/02/sb-1107-dies-in-committee-but-gains-legislative-momentum-to-change-virginias-medical-malpractice-caps/) 02/16/2021 ### [ NDAA Allows Servicemembers to Obtain Compensation for Military Medical Malpractice ](https://www.chaikinandsherman.com/blog/2020/01/ndaa-allows-servicemembers-to-obtain-compensation-for-military-medical-malpractice/) We have big news about military malpractice claims for active-duty troops. 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