Brain Injury Verdicts and Settlements
This Nationwide Verdict Tracker is an ongoing compilation of significant brain injury verdicts and settlements from around the country.
We endeavor to list new verdicts and settlements as they become public, and we encourage the public and attorneys from around the country to submit to us the results of new verdicts and settlements as we continue our efforts to disseminate valuable brain injury information throughout the United States.
November 16, 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 25, 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 22, 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 7, 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 1, 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 22, 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 17, 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 9, 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 21, 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 13, 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 4, 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 27, 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 26, 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 16, 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 9, 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 3, 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 28, 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 22, 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.
