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.
May 21, 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 20, 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 12, 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 4, 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 1, 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 28, 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 24, 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 17, 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 12, 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.
