$21 million - Record verdict for brain injury from auto accident

We recently tried an interesting case in San Francisco County Superior Court. We represented a 56-year-old woman who was injured when her car was struck from behind by a Mack truck at the Fourth Street off-ramp off Highway 280. She was waiting at a stop light when the truck hit the car behind her and then pushed her car into the car in front of her. The driver of the truck claimed that his brakes failed at the last minute. At the scene of the accident she did not seem to be seriously injured; nevertheless, she was taken to the hospital where they discovered she was bleeding into her brain. She was admitted to the hospital for an emergency craniotomy to evacuate a large subdural hematoma. She was in a coma for three days and woke to a partial paralysis. Several months later she had recovered her motor abilities, but had residual cognitive deficits including memory, concentration and the ability to perform multiple tasks simultaneously. She attempted to return to work eight months after the accident as an executive search recruiter, however she was unable to perform the demanding aspects of her job. The defense contended that she was obviously bright, articulate and therefore should be able to work. They also contended that the brake failure could not have been anticipated. We convinced the jury that she was not able to return to her previous employment and there was not a brake failure. The defendant offered $3,500,000 in settlement, which was rejected. The jury awarded $19,631,000. The judgment was entered for this amount plus past interest and costs for a total of $21,000,000. Our investigation indicates that this may be the largest net compensatory (non punitive) award of its type for an individual in California state history.

$8.0 million - Record settlement for 16-year-old who went into a coma during knee surgery (Oklahoma).

We represented a 16-year-old teenager who was brain injured as result of poor anesthetic technique during a knee operation in Tulsa, Oklahoma. This case was complicated by limited insurance coverage on the part of the primarily culpable party and the need to establish liability against several other defendants in order to have adequate insurance coverage. The case was hotly contested in a jurisdiction known to be extremely conservative. The highest judgment or settlement in Oklahoma state history prior to this case was $2.2 million. We settled this case just before trial on a structured basis with $2.5 million in cash and $120,000 per year increasing at 6% for life with an additional $120,000 increasing at 6% for life to start in ten years and third $120,000 per year to increase at 6% to start in twenty years. The annuities were all guaranteed for twenty years. There were also additional annuities for the parents. The present case value of this settlement was approximately $8 million.

$7.86 million - Record result for 65-year-old woman with cerebral aneurysm resulting in significant brain injuries.

Our brain injury lawyers represented a 65-year-old woman who was found to have a cerebral aneurysm. While the aneurysm was being treated it ruptured causing her significant brain injuries. Her injuries included quadraparesis and moderate to severe cognitive injuries necessitating 24 hour care. Plaintiff had a history of cancer and was receiving periodic CT scans to look for metastasis. Plaintiff contended that the aneurysm was visible on one of the CT scans and could have been diagnosed before she had a bleed. When the bleed occurred, the aneurysm was diagnosed and intervention attempted. Plaintiff claimed that the intervention was undertaken by personnel who were not properly trained in coiling techniques for aneurysms and caused the rupture. The defendants contended that in the original CT scan the aneurysm looked like bone in the sella and not an aneurysms. The interventional radiologists contended that this was an emergency situation and that intervention was necessary to save her life. They further stated that the rupture occurred spontaneously and was not related to anything they did during the procedure. This was a record result for a brain injury to a person of this age in this state.

$7.76 million - Settlement in product liability/medical malpractice case for ambulatory brain injury to child.

A few years ago, we represented a child who was rendered partially blind, partially paralyzed and brain damaged from cardiac arrest during surgery for repair of a urological problem. We contended that the anesthesia machine used during the surgery malfunctioned due to faulty design and maintenance. The experts agreed this child had only mild cognitive impairment, and that he would be able to functionally ambulate. This case settled for $7,760,000 cash.

$6.0 million - Settlement for brain infarcts caused by epinephrine overdose during emergency treatment for respiratory crisis (Hawaii).

Our brain injury attorneys settled this case for brain injuries to a 30 year-old woman. The plaintiff was suffering from a respiratory crisis and was in severe pulmonary distress. She was air evacuated to the defendant's hospital where she underwent an emergency endoscopy procedure. The patient was overdosed on epinephrine to dilate her bronchial passages and her blood pressure spiked from vessel constriction. In response they gave medications to lower her blood pressure which caused hypervolemic shock and a hypo perfusion brain injury. She eventually recovered from her injuries sufficiently that she could ambulate but required wheel chair in some community situations. She had mild cognitive injuries which affected executive function and memory. She had no attendant care requirements.

$5.7 million - Verdict for failure to diagnose and treat meningitis in infant after birth.

$4.1 million - Trial judgment for brain injury to infant when defendant failed to diagnose and properly treat meningitis in four-year-old child.

We tried a case in Hawaii involving brain damage to a child who was being treated for meningitis. It was our claim that the physicians at Kaiser Hospital in Hawaii failed to properly diagnose the condition and failed to treat the meningitis correctly. This child was significantly retarded as a result of the meningitis combined with the poor treatment. This trial and a later, additional settlement resulted in a present value judgment of $4.1 million.

$4.0 million - Settlement for overdose causing brain injury in young child

A few years ago, we settled a case involving an infant who suffered from cerebral palsy after a delay in delivering him despite what we contended were multiple warning signs during the labor and delivery. This case was also limited by MICRA. The family settled with the doctor and clinic for just under $4,000,000 in cash and annuities.

$4.0 million - Settlement for failure to diagnose traumatic cerebral artery injury, which led to mid-brain stroke and quadriplegia.

$3.5 million - Settlement for motorcyclist diagnosed with Vertebral Artery Dissections.

Plaintiff was injured in an off road motorcycle accident and was admitted to an emergency hospital for evaluation and observation.  Over the next 24 hours, he gradually had increasing symptoms involving changes in sensation and decreased motor ability.  Eventually he was transferred by air to another facility where they diagnosed a traumatic vertebral artery dissection.  Plaintiff contended that defendants failed to diagnose the vertebral artery dissection and failed to treat it promptly to prevent propagation of the clot.  Defendants contended that the clot propagation was inevitable and could not have been prevented by early diagnosis and treatment.  The plaintiff died one year after the settlement was obtained.

$3.2 million - Verdict plus settlement for stroke resulting in hemiplagia caused by failure to diagnose hypercoagulability in 40-year-old carpenter.

$2.0 million - Settlement for 55 year-old woman suffered severe brain injury after undergoing eye surgery.

Plaintiff 55 year-old woman was undergoing eye surgery and received an anesthetic block behind her eye so that the surgery could be accomplished.  After the surgery, she was found to have suffered a severe brain injury.  Plaintiff contended that the block traveled down the optic nerve and anesthetized the brain stem causing respiratory depression.  Plaintiff further contended that the anesthesiologist was responsible to monitor the respirations while the patient was asleep and therefore was responsible for the brain injury she suffered.  Defendants contended that there was no evidence of a change in respirations until the oxygen saturations suddenly dropped; resuscitation was instituted immediately and she responded promptly.  The case was settled for the defendant anesthesiologist’s full policy limits.

$2.0 million - Case against child protective services for brain injury to three-year-old attacked by foster mother after several previous episodes went unheeded by county personnel.