Brain Injury Success Stories
Personal Injury Success Stories: Brain Injury / Spinal Cord Injuries
Jane Doe v. Health Care Center (Superior Court – confidentiality settlement): Patient suffered from horrific headaches, nausea, vomiting, blurred and double vision–was told she had the flu. Over several weeks no imaging studies were ordered of the patient’s brain to rule out an intracranial bleed or subarachnoid hemorrhage. Because of the failure of multiple healthcare providers to consider a subarachnoid hemorrhage and to rule one out by ordering a CT or MRI scan of the brain, the patient’s aneurysm ruptured, causing permanent brain damage.
Total settlement $2,500,000+
Jane and John Doe v. Hospital XYZ (King County, Washington): A 53 year old father underwent surgery to repair an abdominal aortic aneurysm. After being incubated, ventilated and placed in CCU, the patient was placed under 24 hour care to monitor his tracheotomy. When he improved, he was transferred from CCU to a step down floor. Because of the ongoing development of mucus, which required suctioning of his tracheotomy, it was important that the patient be monitored, assessed and suctioned, if necessary, every two hours by the attending nurses or respiratory therapists. After the patient’s transfer to the step down floor, he was not regularly monitored and suctioned. During his first night, the patient was not assessed or monitored for over five hours. As a result, he developed a mucus plug, could not breathe, and suffered respiratory arrest and heart failure. The patient was revived but suffered catastrophic brain damage. He now requires care 24-7 by his wife.
Jane Doe v. Hospital and Dr. Radiologist (confidentiality): A doctor and hospital agreed to pay $1,900,000 and a health insurer agreed to waive recovery of subrogation reimbursement of $462,000 as a result of a radiologist’s failure to correctly read a MRA which, if correctly read in accordance with the standard of care, would have shown a posterior communicating aneurysm and which was treatable. Had the aneurysm been timely treated when the woman presented to the hospital as it should have been, more probably than not, no hemorrhage would have occurred and the patient would have been working full time, living independently and not disabled.
John Doe v. Hospital and Doctor, (Superior Court – Confidentiality Settlement)Baby suffered from hypoxia and traumatic brain injury during birth caused by negligence of treating doctor and hospital nursing staff. Baby was born cortically blind, with cerebral palsy and other multiple birth defects. Plaintiffs contended this was caused by medical negligence during birthing.
Total settlement $2,825,000
John and Jane Doe v. HMO facility: The health care provider failed to diagnosis an intracranial aneurysm which ruptured and caused permanent brain damage to a 54 year old mother, grandmother and house wife. She will never work again and need care 24/7.
Total Settlement: $2,500,000+
Pierce v. Reliance: A commercial truck driver suffered a brain injury and underwent spinal surgery with placement of steel rods in his back.
Total Settlement: $750,000 prior to an Uninsured Motorist Arbitration
Staub v. CIG Corporation, (King County Superior Court ): The injured worker fell in excess of ten feet to a concrete floor below because he was not given fall protection. The worker suffered a traumatic brain injury. Because we pursued a third party claim for the worker, we RECOVERED an additional settlement for him, in addition to L&I/worker’s compensation benefits, in an amount of $335,000.
Jane Doe v. Scheister Truck Co: Jane Doe was rear ended by a truck and trailer and suffered a mild traumatic brain injury without any objective findings.
Total Settlement: $325,000
Author: Rob Kornfeld