Articles Posted in Traumatic Brain Injury

The parents of a foreign engineering student who died after visiting the University Hospital for a knee injury are seeking $20 million from the university in a medical malpractice suit.The parents filed the lawsuit in civil court last week on behalf of their son who died several days after he visited the University Hospital due to an injured right knee while playing baseball at the college.The suit alleges that the victim who was just 21, died of a pulmonary embolism due to a blood clot that went untreated by the hospital after his knee injury. As an experienced attorney I have reviewed many cases of medical malpractice and completed same with favorable results.

“Prior to his visit to the University Hospital our son did not have any medical issues with his right knee,” his parents claim.The victim went to the University Hospital after he injured his right knee while playing sports.According to the lawsuit, his vital signs were abnormal,his knee was painful and severely swollen, and the victim was unable to put any weight at all on his right knee. He was sent home and told to rest by the doctor on call.The next day the victim went back to the hospital for a follow-up visit, and his vital signs were still abnormal but,he was released.That evening,the victim was taken by ambulance to the Hospital emergency room, where he died later that evening.The suit alleges that three employees,including a physician and two nurses were negligent and that they failed to recognize obvious problems like the abnormal vital signs.According to court documents,the victim’s medical expenses were over $86,000 and his funeral expenses were over $12,000.The suit also stated that the victim’s expected income as an engineer was to be at least $3 million during his lifetime.Each parent is seeking $8 million in damages from the university.If you or a family member has been the victim of medical malpractice call me at 800 320-0080 or visit me at my offices in either Baltimore or Rockville today.

A jury has awarded a woman $24 million in a medical malpractice lawsuit. Jurors aligned with the woman believing her claim that her toddler was left with irreversible brain damage when an infusion pump malfunctioned during his surgery at a local hospital over seven years ago.The plaintiff sued the hospital and the pump manufacturers in District Court on behalf of her son, who was just 3 years old when he underwent surgery to correct a congenital heart defect.The pump which is made by Abbott Laboratories failed during his surgery and deposited epinephrine which is an adrenalin drug into the child thereby a triggering cardiac arrest.As an experienced attorney I have reviewed many cases of Medical Malpractice and completed same with favorable results.

The child, who is now 9 years old and severely disabled was examined in court by the jury and they decided he deserves $20 million for future medical expenses. Jurors deliberated only about two hours before delivering their verdict which ended a week long trial.The jury was not made aware that the hospital and the manufacturer settled for an undisclosed sum and were dismissed from the case.Jurors found the companies are 65 % responsible meaning they would have been responsible for $15 million. Jurors found the defendants failed to meet the warranty provision of their contract and admitted liability 5 years ago and paid the $100,000 cap required by state law which triggered the involvement of the State Patients Compensation Fund, a state-administered malpractice fund. The jury ordered the compensation fund to pay 35 % or about $8 million.The compensation fund’s board is launching an appeal.The hospital and the pump manufacturer were found responsible for using and creating the dangerous infusion pump and under products liability law, infusion pumps are designed to be safe.” Our sympathies certainly go out to the victim and his family.” said the hospital spokesperson. If you or a loved one has been the victim of a traumatic brain injury contact me today or visit one of my offices in either Rockville or Baltimore.

Parents saw life seeping out of their toddler’s body during five hours of waiting in a hospital’s emergency room and begged for help, alleges a lawsuit. Medical care came too late,” the suit says. The girl lost parts of her four limbs from a bacterial infection.

The lawsuit filed in Superior Court charges a hospital and various emergency room workers with medical malpractice and negligence in delaying treatment for a toddler, who later was flown to Children’s Hospital for lifesaving care. Streptococcus A had invaded her blood and organs; as a result she suffered amputations of both feet, her left hand and part of her right hand. She is in intensive rehabilitation therapy. “There is nothing we can do to bring back her amputated hands and feet,” said the family’s lawyer. “However, we hope that her lawsuit will convince emergency rooms to do a better job treating our seriously ill children and make health care in our city safer for all of us.”

The parents took their daughter to the emergency room with a persistent fever, skin discoloration and weakness. As they waited five hours, the girl grew visibly sicker, says the lawsuit. The parents repeatedly asked and begged defendants to treat their daughter. Defendants chose not to do so,” until the father forced his way into the medical department and demanded help, the suit says. The hospital “chose to negligently staff, operate and supervise the emergency room,” resulting in disaster for the little girl the suit concludes.

“A hospital is never allowed to needlessly endanger patients,” the attorney said. Doctors at Children’s Hospital said the toddler’s sickness may have been the result of a quirk of genetics. They said they are uncertain whether a quicker response would have saved her limbs. Hospital president and CEO said in a statement: “At our Hospital, patient care and safety is our priority. We were sorry to hear about the eventual outcome for the child and our thoughts and prayers are with her and her family. We are unable to comment on matters of pending litigation.”
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The School Board has settled a lawsuit stemming from a January 2009 school bus crash on a Parkway. According to Circuit Court records, the board reached a settlement with the mother of a then-16-year-old High School student who was on the bus at the time of the accident. The terms would not be discussed due to confidentiality matters.

Filed in December 2009,the complaint accused the bus driver of failure to maintain a proper lookout, failure to keep his vehicle under proper control and failure to keep a safe distance. She sought $100,000 from the bus driver and the School Board. The driver – who no longer works for the school division, according to court records – was later dropped as a defendant.

The attorney said at the time that medical bills related to the student’s back and neck injuries totaled about $10,000. The case had been scheduled for a jury trial this week. A document filed in court earlier this month said that the School Board “intends to admit liability at trial.” The “only remaining issue in this matter will be the amount of damages involved,” which “would stem solely from injuries, if any, actually suffered by the minor.”

The federal government will pay $2.3 million to settle a medical malpractice lawsuit involving a child born with neurological damage at Portsmouth Naval Medical Center. U.S. District Judge approved the settlement between the Justice Department and a family in Virginia Beach, according to a court filing made public. The plaintiffs sued the United States early last year, seeking $15 million in damages. The couple alleged that inadequate care at a Naval Medical Center caused their child to be born with developmental disabilities. The government denied any malpractice and admited no wrongdoing in the settlement.

In 2006,the plaintiff checked into the hospital with severe cramping in her lower abdomen. She was 35 weeks pregnant, according to the lawsuit. She was moved to a triage room and connected to a fetal heart monitor, which showed abnormalities indicating the fetus was under stress, the suit says. Instead of notifying a doctor, the papers say, the staff left the patient for more than an hour without any intervention.

About 2-1/2 hours after she was admitted, doctors performed an emergency cesarean section. The doctors determined that the placenta had detached from the uterine wall, causing a loss of oxygen to the fetus, the suit says. The baby girl was born pale and limp, with respiratory failure and a slow heart rate, the suit says. She was intubated and later transferred to Children’s Hospital. The girl’s “neurological injuries are extensive, severe and permanent,” the suit says. “She is severely delayed in all areas of development.” The damage, including cerebral palsy, will be lifelong.

A woman seriously injured in a car crash is blaming the maker of an alcoholic energy drink, according to a lawsuit filed Friday. The woman, 20, was ejected from a car on State Road 417 in an August crash. The driver of the car, 20, who is also named a defendant in the suit, drank the energy drink before she struck another car while driving at a high rate of speed.

The suit, which comes days after the U.S. Food and Drug Administration issued a warning to the maker of the energy drink and three other drink makers, was filed against the company.The convenience store that sold the drinks, was also named as a defendant. “We filed this suit against the makers of this beverage because we believe this drink is dangerous,” said the lawyer. “My client nearly died.”

According to published reports, a man filed a lawsuit against the drink manufacturer because his son drank the energy drinks before committing suicide. The FDA on Wednesday warned the company and other caffeine-alcohol drink manufacturers that caffeine in the drinks was “an unsafe food additive” and further action against them was possible.

A company that also operates buses in the Washington region have been ordered to pay $6.4 million to a quadriplegic man who was injured while getting on a bus.

The victim was being hoisted onto a par transit bus in April 2008 when his wheelchair rolled backward off the platform and dropped him 6 feet into his head. The accident caused severe brain injury.

The plaintiff’s lawsuit over the faulty lift named the city and Transportation company, which operates the par transit system under contract. The newspaper reports that a jury determined last week that the transportation company will pay 83 percent of damages and the city 17 percent.A spokeswoman says the city acknowledges some responsibility. The company’s attorney declined comment.

In a lawsuit filed 14 years ago, a Floyd County jury has awarded $23.5 million to a New Albany family for severe illnesses to two children caused by a pesticide that was sprayed in their apartments unit in the mid-1990s. The award came after following years of motions and delays. It is expected to be appealed. The attorney for the apartment did not return a call to his office. The plaintiffs and their children, a daughter, then 2 years old, and son, then 6 months old, moved into the apartment in February 1994. Soon, both children began to suffer seizures and other neurological problems. According to their attorney the children’s problems were caused by exposure to Creal-O, a chemical based on the pesticide Diazinon. The Environmental Protection Agency banned the pesticide from residential use in 2004. The attorney who filed the suit for the plaintiffs said the chemical was applied in the wrong way, even though it was legal for residential use at the time. “There was more applied than should have been applied, and it was applied in a careless manner,” he said. He said a “crack and crevice” application of the pesticide should have been made. Instead, he said, it was applied “on the baseboards, ran down onto the carpeting (and) splashed up on the wall coverings. That’s a misapplication.” The daughter now 20, is developmentally no more than a 2-year-old, her mother said during an interview. “She can feed herself, but that’s about it,” she said. “She can’t dress herself, undress herself, brush her teeth, brush her hair, shower herself–basically everything but feeding has to be done by somebody else.”
The son, now 17 and a student in the 11th grade, has athletic physical ability but is delayed academically and socially, his parents said. “He’s a big follower and really doesn’t know how to distrust anybody or doesn’t know how to judge somebody whether they’re good or bad,” said his father. The plaintiffs divorced during the years it took to bring the case to trial, and they now share the care of their children. “It’s been devastating,” the mother said of the effect on her and her ex-husband. “Our lives will never be the same.” She said their son and daughter “haven’t been the same since the first seizure.” Her daughter slept on a metal daybed when they moved into the apartment, her mother said, and it would start to squeak at night. “That would wake us up, the squeaking,” her mother said. “She would wake up moaning and she would convulse.” At the same time, their son was also showing symptoms, his parents said. Still, they said, it took months before doctors diagnosed the problem and experts traced it to the chemical. They moved out of the apartment in January 1995 before their lease ended. The Superior Court jury that heard the case, and, awarded $500,000 each to the parents and $16 million to their daughter and $6.5 million to their son. Projected future medical costs for the daughter are about $14 million,attorneys said. But they said it would likely be a long time before any money changes hands because of anticipated appeals. The apartments still operates under the same ownership as when the plaintiffs lived there, the couple’s lawyers said. “I just hope that this is a wake-up call for some people and that nobody ever should have to go through this,” the plaintiff said.
Iy you or a relative has been subjected to health hazards at your home caused by another persons’ negligence do not hesitate to contact me at my offices located in Rockville or Baltimore at 1-800-320-0080.

The 2nd District Court of Appeal has upheld a $65 million verdict for a woman injured in a 2007 traffic crash. The verdict is considered to be one of the largest by her County jury.

The victim, then 19, was driving her Dodge Neon when a tractor-trailer struck her car at State Road 35 and State Road 64 , according to the lawsuit. Her lawyers argued at trial that she had the green light and produced an eyewitness to testify to that. Before the crash, the High School graduate was attending a Florida Community College, majoring in psychology, court records show. She could speak six languages and was working as a residential aide for Florida Institute of Neurologic Rehabilitation, according to the deposition of her mother. After the crash, the victim was left with extensive injuries and is unable to care for herself. Her mother said in her deposition her daughter’s condition requires constant supervision. During a normal day, she requires help to bathe, to dress, to eat, to go to the bathroom and other routine tasks. She has trouble walking and uses a wheelchair.

On March 18, , a jury found in favor of the victim with the multimillion-dollar verdict. A trucking company, and its part-time truck driver, had argued the amount should be reduced because it was excessive and a new trial should take place, court records show.

A jury has found an aluminum bat maker liable for failure to provide adequate warnings as to the dangers of the bat used by a player during a game which resulted in another player’s death. The company was ordered to pay $792,000 to deceased estate for the loss of earnings he would have made, and pain suffered before his death.

The 18-year-old boy was playing in a baseball game when another player hit a ball with an aluminum bat. The ball then hit the victim in his temple. He died four hours later. His parents argued that aluminum bats are more dangerous than wooden bats because they allow players to swing the bat harder and faster. The Plaintiff’s attorney said that the average time needed by a pitcher to defend a batted ball is 400 milliseconds and the victim only had 378 milliseconds to respond. Witnesses to the incident testified that they were unable to see the ball between the time that it was struck by the batter until it hit victim.

Sports injuries and sometimes fatalities are the most horrible tragedies that any parent or family may have to go through as a result of a company/manufacturers’ negligence. The injuries and their causality are very difficult to overcome and with the aid of the right expert knowledgable in these fields a positive outcome may be possible.