November 16th, 2009

Martinez v. Kaiser Foundation Hospitals; CA (Arbitration – not filed)

  • $9,600,000 arbitration award for three year old in medical malpractice claim
  • newborn’s blood sugar dropped to level low enough to cause brain damage in days after birth – failure to monitor and give supplemental feedings
  • bilateral occipital infarction on MRI consistent with severe hypoglycemia
  • infant cannot walk, crawl or use arms, legs or hands purposefully; cannot speak; experiences daily seizures
  • award includes $7,700,000 past and future (38 year life expectancy) medical costs, $1,400,000 future lost earnings, $250,000 general damages for infant and $250,000 non-economic damages for mother
October 25th, 2009

Yao v. Thrasher; CA (Superior Court, San Mateo County; # 4766227)

  • $5,500,000 verdict in pedestrian knockdown motor vehicle accident case for 70 year old thrown 47 feet after impact
  • verdict included $1,5000,000 for past and future pain and suffering, $3,500,000 for past and future medical costs and $500,000 for wife’s loss of consortium claim
  • severe brain damage and tetraplegia, five level cervical vertebrae fusion
  • plaintiff is confined to bed for most of each day with limited mobility via wheelchair and requires round-the- clock care
  • jury apportioned liability 49% to defendant and 51% to plaintiff, with resulting reduction in above-noted verdict amounts
October 22nd, 2009

Smith v. All Children’s Hospital; FL (Pinellas County Circuit Court, 6th; # 01-005774-CI-07)

  • $11,500,000 jury verdict in medial malpractice case for three month old brought to emergency room suffering from vomiting and diarrhea
  • infant suffered shock and seizure brain damage after being treated and released instead of undergoing oral rehydration therapy
  • inability to walk, improper brain growth led to small head
  • inability to graduate high school, requirement of special education due to memory problems and calculation difficulties
  • defense intends to pursue appeal
October 7th, 2009

Russnak v. Nigalan; NJ (Atlantic County Superior Court; # ATL-L-17097-06)

  • $1,500,000 settlement in medical malpractice case
  • 28 year old man presented to ER after playing in hockey game, complaining of inability to speak properly and facial drooping
  • plaintiff claimed tissue plasminogen activator (TPA) should gave been administered but defense contended that TPA was ill advised because plaintiff may have had bleeding in brain
  • injuries include right sided paralysis and mild cognitive deficits
October 1st, 2009

Sadhwani v. New York City Transit Authority; NY (Appellate Division, 1st Dept.; # 116533/06)

  • $1,900,000 jury verdict affirmed for 75 year old homemaker struck by a bus
  • deterioration of cognitive functions resulted in inability to testify at trial
  • skull fracture with three week hospitalization and subsequent vestibular rehabilitation
  • residual injuries include dementia and Parkinson’s disease

Hutchinson v. Colindres; FL (Broward County Circuit Court; # CACE 96004960)

  • $4,340,000 jury verdict (including $3,500,000 for pain and suffering) for 15 year old student in medical malpractice case (delayed platelet transfusion at birth)
  • brain damage after suffering a stroke several days after birth
  • current injuries include visual field deficit, hearing problems and attention deficit disorder
September 22nd, 2009

Bianchi v. Demma; CA (Superior Court, Santa Clara County; # 108 Civ. 104548)

  • $49,000,000 jury verdict for 21 year old pre-med college student in car accident (including $13,5000,000 for pain and suffering, $31,000,000 for medical costs and $4,500,000 for lost earnings)
  • severe closed head injury (diffuse bifrontal axonal injury and brain stem contusion, spastic quadriparesis, multiple skull fractures)
  • plaintiff will require lifetime round-the-clock nursing care
September 17th, 2009

Ziadie v. Duong; FL (Broward County Circuit Court, 17th; # 062004 CA 003336)

  • $14,500,000 jury verdict (including $8,000,000 for pain and suffering and $5,000,000 for future medical care) in medical malpractice case
  • 46 year old optometrist suffering from dizziness and slurred speech diagnosed with transient ischemic attacks underwent procedure to place stent in artery but stent punctured arterial wall
  • plaintiff was on large doses of blood thinners and blood pooled around his brain
  • paralysis and trouble saying full sentences
September 9th, 2009

Stanislav v. Papp; NY (Supreme Court, New York County; # 101049/08)

  • defense judgment after pre-trial motion decision by judge in case involving horseback riding fall
  • 40 year old executive assistant fell to ground and hit head after horse suddenly and unexpectedly lunged forward
  • judge dismissed claim that new boyfriend bore any responsibility for failure to warn when he took plaintiff to stable owned by his friend
  • plaintiff sustained traumatic brain injury, underwent craniotomy and suffers from residual impairment of cognitive functions such as her memory and organizational ability
  • additional injuries include crippling migraines, post-traumatic stress disorder and seizure condition requiring medication and leaving her bedridden
  • plaintiff has filed a notice of appeal
August 21st, 2009

Haws v. County of Montgomery; CA (U.S. District Court, Northern Disttrict; # C-07-02599-JF)

  • $1,850,000 settlement for 47 year old prisoner assaulted while in pre-trial detention
  • brain damage with cognitive and behavioral impairment
August 13th, 2009

Zandre T. v. Beulah Church of God in Christ Jesus, Inc.; NY (Supreme Court, Kings County; # 30801/02)

  • $600,000 pain and suffering award in lead paint posioning case for 13 year old boy
  • brain injury described by court as similar to impulsiveness and distractibility and the judge characterized it as mild
  • plaintiff had developmental delay that was not related to the lead paint poisoning
  • trial judge reduced jury’s $1,000,000 verdict ($400,00 past, $600,00 future) to $600,000 ($240,000 past, $360,000 future)
August 4th, 2009

Tirado v. Federal Express Corp.; NY (Supreme Court, Kings County; # 1643/06)

  • $5,500,000 mediated settlement for 40 year old electrician who fell 15 feet off a ladder and struck his head
  • contusions and skull fracture with significant internal bleeding, hemorrhaging and swelling of brain
  • defense claimed that plaintiff had a long history of drug abuse, he was exaggerating and was a malingerer
July 27th, 2009

Button v. Pasco County School Board; FL (Pasco County Circuit Court; # 51-2007-CA-004985)

  • $2,579,791 verdict in motor vehicle accident case
  • 16 year old student passenger suffered brain injury to right temporal lobe resulting in inappropriate sexual comments, difficulty making judgments such as when to cross the street, difficulty concentrating and difficulty controlling anger
  • defendant claimed that plaintiff had pre-existing cognitive and behavioral problems and that he may have been a drug and alcohol abuser
  • verdict included $1,063,000 for past and future pain and suffering
June 26th, 2009

Lopez v. Minyard Food Stores, Inc.; TX (Dallas County District Court; # DC-07-0142)

  • $4,333,000 verdict in slip and fall case
  • 49 year old self-employed house cleaner fell on water at food store
  • injuries appeared at first to be only orthopedic: fracture of knee requiring open reduction and arthroscopy
  • two years after accident, closed head injury and cognitive problems noticed by plaintiff’s vocational rehabilitation expert
  • movement disorder, trouble with language and concentration, memory lapses and slurred speech require constant care and move-in with relative
June 16th, 2009

Dawson v. Ortiz; CA (Superior Court, Bernandino County; # Civ. 708629)

  • $556,000 verdict in motorcycle accident case ($125,000 for pain and suffering, $380,000 for lost earnings, balance for medical expenses)
  • 46 year old truck driver driving motorcycle struck by pickup truck
  • subdural hematoma, fractured wrist, hospitalized five weeks, underwent craniotomy and open reduction surgery
  • memory loss and difficulty concentrating

Thomas v. Perez; NY (Supreme Court, Bronx County; Index # 7525/07)

  • $550,000 settlement in car accident case
  • Cook sustained facial fractures requiring open reduction internal fixation surgery
  • MRI 18 months after accident showed a prior brain bleed
  • plaintiff claimed difficulty with short-term memory and retention due to brain injury
June 9th, 2009

Mannick v. Bonner; NY (Supreme Court, Suffolk County; # 27448/05)

  • $1,000,000 verdict for closed head injury in rear-ender motor vehicle accident
  • 47 year old nursing assistant developed post-concussion syndrome that included severe migraines
  • extensive use of migraine prevention medication results in inability to function for rest of day when taken
  • defense claimed plaintiff had made full recovery with no residual symptoms
June 3rd, 2009

Nunez v. City of New York; NY (Supreme Court, Kings County; Index # 30333/06)

  • $13,623,439 verdict in workplace accident
  • 48 year old transit authority worker fell off plank 30 feet
  • fractured skull with surgery and two months in coma
  • verdict includes $9,200,000 for pain and suffering
May 28th, 2009

Hernandez v. Vavra; NY (Appellate Division, 1st Dept.; # 114511/03)

  • $2,750,000 jury verdict affirmed on appeal for 63 year old retiree in car accident
  • plaintiff-pedestrian sustained subarachnoid hemorrhage and clavicle fracture with cerebral infarct caused by the hemorrhage
  • expert neurologist testified that the stroke produced permanent impairment of cognitive functions and memory loss which will require 12 hours of residential care each day for life
  • defense claimed arteriosclerosis, diabetes and chronic infarcts were preexisting causes
May 22nd, 2009

Carr v. San Jacinto Methodist Hospital; TX (Harris County District Court; Index # 2006-79949)

  • Defense verdict in medical malpractice case.
  • 41 y/o diabetic man claimed doctors and hospital treated him negligently in allowing him to become severely dehydrated which led to cerebral edema and brain stem herniation.
  • Permanent brain damage including inability to speak, walk or perform any activities of daily living.
May 21st, 2009

Popolizio v. County of Schenectady; NY (Appellate Division, 3rd Dept.; 62 A.D.3d 1181)

  • $2,100,000 pain and suffering appeals court decision in car rollover case
  • 56 year old sustains TBI from hitting head on windshield
  • cognitive function of previously hard-working retailer now borders on mental retardation
  • severe depression
  • bruising of dendrites and axons disrupt neurological functions
  • no skull fracture or brain surgery
May 20th, 2009

Giles v. Gravity Play Entertainment LLC; CO (U.S. District Court; # 07-Civ.-00401)

  • $2,300,000 verdict in workplace accident
  • 27 year old actuary fell and hit her head during a mock sumo wrestling event while at a work retreat.
  • Lost consciousness and sustained a massive posterior parietal occipital epidural hematoma requiring two surgical craniotomies, three weeks in hospital and four years outpatient rehabilitation up to trial date.
  • Brain damage includes loss of memory, executive function, seizures and vision impairment.
May 12th, 2009

Long v. Shore Memorial Hospital; NJ (Atlantic County Superior Court; # ATL-L-16785-06)

  • $6,250,000 settlement in medical malpractice case
  • Liability found for failure to perform C section after fetal monitoring strips showed life threatening drop in baby’s heart rate
  • Baby diagnosed as hypoxic upon delivery sustained ischemic encephalopathy and developed cerebral palsy
May 4th, 2009

Delva v. New York City Transit Authority; NY (Supreme Court, Kings County; Index # 733/05)

  • Defense verdict on liability in motor vehicle pedestrian knockdown case
  • 14 year old boy walking across street hit by bus. Boy claimed he was in crosswalk and had “walk” sign but jury believed bus driver who said he had steady green light and plaintiff faced a “do not walk” sign
  • TBI diagnosed by EEG, QEEG, brain auditory tests and neurocognitive tests. Plaintiff complained of memory loss, headaches and vertigo and had to be home schooled for a year after the accident but the defense claimed plaintiff had no brain injury and had poor school performance before the accident.
May 1st, 2009

Freeman v. Goodwin; (TN Circuit Court, Hamilton County)

  • $12,000,000 in medical malpractice case (reduced to $6,120,000 for plaintiff’s comparative fault in not going to the hospital sooner)
  • 30 year old woman underwent colonoscopy and upper endoscopy. As a result of a tear in her small intestine that occurred during the endoscopy,  she suffered cardiopulmonary arrest and severe brain damage and is now permanently disabled and requires round-the-clock care.
April 28th, 2009

Hunter v. FedEx Freight East, Inc.; TX (U.S. District Court, Eastern District, Marshall, TX; # 2:08-CV-00088-TJW)

  • Defense verdict on liability in two car accident
  • 17 year old driver drove out of McDonald’s parking lot onto highway
  • Plaintiff lost consciousness, spent six months in rehabilitation facility and can now walk short distances only and needs a walker. He also suffered from dysphasia, diminished mental capacity which left him unable to go to college and will require lifetime attendant care which his expert life care planner testified would cost more than $5,500,000
April 24th, 2009

Debra v. Christopher; NY (Supreme Court, Bronx County; Index # 16765/05)

  • Defense verdict in birth delivery medical malpractice case
  • Plaintiff claimed that labor and delivery was mismanaged in that a C section should have been performed after fetal monitoring strips showed bradychardia
  • Infant was diagnosed at 14 months with an infarction in his left middle cerebral artery and by the time of trial at age 10 with cerebral palsy.
April 17th, 2009

Hamilton v. Koff; NJ (Camden County Superior Court; # CAM-L-8694-05)

  • $350,000 economic damages verdict for plaintiff in motor vehicle accident case in which defendant conceded negligence (ran stop sign)
  • 45 year old emergency room nurse sustained serous shoulder injuries requiring surgery and a large bump on her head from striking the window during the rollover crash. She underwent neuropsychologist testing by four different doctors that showed she had a TBI which was worsening. Also her brain CT scans and MRIs revealed atrophy and white matter findings that were caused by the accident. The jury found that none of plaintiff’s injuries were permanent and awarded her nothing for pain and suffering
March 12th, 2009

Nash v. Port Authority of New York and New Jersey; NY (Supreme Court, New York County; Index # 129074/93)

  • $5,360,000 verdict for plaintiff in premises case ($3,250,000 pain and suffering plus $2,150,000 earnings loss)
  • 49 year old benefits specialist in auditing firm was walking in an underground garage below the World Trade Center on 2/26/93 when a bomb planted by terrorists exploded resulting in a severe blow to her head, loss of consciousness and burial among the debris for several hours. Plaintiff claimed TBI that produced damage to her brain’s temporal lobe and that she suffers from post-traumatic stress disorder, memory loss and other cognitive and emotional problems that prevent her resumption of work. Brain scans taken just after the accident were negative.

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