Brain Damage Case Results

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Car vs. Pedestrian Accident - $4,050,000 Settlement

Our team negotiated a cash and annuity settlement having a present cash value of $4,050,000 on behalf of a recent business school graduate who suffered a brain injury after being hit by a car while in a crosswalk. The impact caused bleeding inside his skull and the increased pressures damaged his brain.  The driver had a limited personal insurance policy ($50,000). She was employed by a large Silicon Valley company and she gave conflicting accounts as to what she was doing when the accident occurred. She told police that she was headed from one company campus to another. She later said she was going home. The company agreed to contribute $4 million toward the settlement after our team uncovered evidence showing that the driver was still on the clock when the accident occurred and that she sometimes used her car to run company errands. 

Head-On Auto Collision – $8,775,000 Jury Verdict

Our trial team obtained a jury verdict in Sacramento County in the amount of $8,775,000 on behalf of a 21-year-old woman who suffered massive brain damage after her car was struck by a rental car driven by an unlicensed and unauthorized driver. Our attorneys brought suit against both the driver and the rental company. The jury verdict which was returned compensated our injured client for severe brain damage and loss of independence. After an initial period of coma, our client was left with memory impairment, permanent left-sided weakness, and an inability to be gainfully employed. The recovery awarded by the jury included sums to provide for supervision in activities of daily living throughout the balance of our client’s life.

Machine Failure – $4,000,000 Brain Damage Settlement

Our catastrophic injury specialists negotiated a cash and annuity settlement having a present cash value of $4,000,000 on behalf of a 47-year-old metal worker who suffered a catastrophic brain injury after a 50 pound piece of metal ejected from a metal-forming lathe which was manufactured by the defendant corporation. Our attorneys demonstrated that the maker manufactured the lathe without analyzing and protecting against all possible failure modes. Our lawyers also showed that the defendant was aware of at least two similar lathe accidents. Under the terms of the settlement, approximately $3,000,000 was paid in cash and $1,000,000 was dedicated to the purchase of multiple annuities to pay for ongoing medical costs. Our attorneys also resolved a worker’s compensation lien in excess of $1,000,000 which was compromised and waived.

Flooded Roadway – $4,500,000 Settlement

Our team represented a 14-year-old boy riding as a rear seat passenger in a car that was involved in a head-on collision in Bakersfield , California. As the car encountered a rural intersection, the driver found the roadway flooded. No warning signs had been erected. Although it had been raining earlier, it was not raining at the time of the collision. The flooded roadway caused the car to hydroplane and rotate, crossing into oncoming traffic, and colliding head-on with a car traveling in the opposite direction. Our young client sustained a major head injury, including coma. He also sustained fractures of his left leg and right arm. His medical bills exceeded $500,000. Because of his brain damage, experts forecasted that he would be unable to be self-sufficient in the work place. His future wage loss was estimated at over $800,000. Our attorneys achieved a settlement of $4,500,000 against defendants including the local county water district, the county road department, and the opposing driver.

Failure to Diagnose Hyperbilirubinemia – Quadriplegia
Our medical negligence team negotiated a settlement having a present cash value in excess of $2,900,000 on behalf of a 9-year-old boy whose hyperbilirubinemia went undiagnosed during the first week of his life. As a result, he developed brain damage, spasticity and partial paralysis. He requires daily attendant care. Walkup lawyers brought a claim against the hospital where the child was born as well the child’s pediatrician, claiming that both ignored signs and symptoms of developing AB-O blood incompatibility. Our client’s parents claimed that daily calls to their pediatrician complaining of jaundice were ignored.

The recovery was limited by California’s medical malpractice recovery statutes. General damages were limited to $250,000. The remaining sums represented economic damages, a substantial portion of which were dedicated to annuities to offset the cost of ongoing medical care, and provide for the child’s ongoing attendant care, special education, occupational therapy, and other needs.

Failure to Recognize Fetal Distress – Quadriplegia/Brain Damage
Walkup attorneys negotiated a cash and annuity settlement with a present cash value in excess of five million dollars on behalf of an infant born with severe developmental delay, spastic quadriparesis, and permanent neurological injuries after Kaiser San Francisco doctors and nursing staff failed to monitor the mother and deliver the baby quickly when fetal heart monitors indicated severe distress. The 36-year-old mother’s pregnancy and delivery seemed to be progressing normally when, 8 hours after being admitted to the hospital, she developed a high fever. The doctor on call administered antibiotics for suspected chorioamnionitis, (an inflammation of the amniotic membranes), and said he would check back in an hour. Nearly three hours later, the fetal heart rate monitors indicated that the baby’s heart rate had dropped to 85 and 90, and remained there for about 10 minutes, prompting a frightened nurse to contact the doctor. Deceleration of the fetal heart rate is a common effect of chorioamnionitis. The infant was born a half hour later, by emergent vacuum extraction, with no heart rate, and appearing blue, floppy, and apneic. She was resuscitated through chest compressions and intubation. In the days following her birth, the infant exhibited general seizures with tremors in the lower and upper extremities. An MRI performed 8 days after her birth revealed that the infant had severe hypoxic ischemic encephalopathy. The child will remain fully dependent for all of her care needs for her entire life. She is not expected to develop beyond the level of a one month old infant. Liability was based upon failure to aggressively monitor the mother and fetus post administration of antibiotics and failure to deliver the baby when infection was first suspected.

Undiagnosed Cardiac Tamponade – Brain Damage
A combination cash and annuity settlement having a present cash value of $3,200,000 was recovered on behalf of a 49-year-old man who developed a cardiac tamponade four days after undergoing open heart surgery. The problem was neither timely diagnosed nor treated, and cardiopulmonary arrest ensued. By the time he was resuscitated, the patient had sustained severe anoxic brain damage . As a result of injury to the brain, he suffers from spastic quadriparesis, cortical blindness, dysarthria, cognitive impairment, loss of bowel and bladder control, and dysphagia. Because of impaired swallowing, and the risk of aspiration pneumonia, he must be fed through a gastrostomy tube. After one year in a residential care facility, the member was discharged home to the care of his family (spouse and siblings) who, despite limited financial resources, sacrificed to provide quality home care and round-the-clock nursing. Under the terms of the agreed-upon settlement, an annuity was funded to provide $15,000 per month for life, increasing by 4.5% per annum, to offset the cost of attendant and nursing care. In addition, $1,563,000 was paid in cash.

Misdiagnosis of Aortic Dissection – Amputation/Brain Damage
Walkup attorneys obtained a mediated settlement of $1,100,000 on behalf of a 56-year-old real estate broker who suffered brain damage  and required amputations of both legs below the knees after Kaiser Richmond Emergency Room doctors misdiagnosed his aortic dissection as angina, delaying treatment of this surgical emergency.

The patient presented to the Kaiser Richmond ER at 10:00 a.m., complaining of severe chest pain. He was forced to wait as his pain intensified until his wife demanded immediate care. Tests performed in the ER included an EKG, chest x-ray and enzyme study. These ruled out myocardial infarction or heart attack. Patient’s pain and a significant aortic murmur strongly suggested aortic dissection, but no CT scan was taken. Additionally, the patient’s family history, which included aortic dissection (a hereditary condition), was never obtained by the ER staff. Despite signs of possible aortic dissection, angina was diagnosed and the patient was started on an aggressive regimen of anticoagulants, which were contra-indicated. Nearly 10 hours later, the patient was transferred to Summit Medical Center in Oakland to undergo angioplasty. Pre-surgery tests indicated that patient was suffering from aortic dissection and surgery ensued. However, due to the extensive bleeding caused by the delay and the anticoagulants administered at Kaiser Richmond, the patient bled heavily throughout the surgery and for several days following. The results of this extensive blood loss included thrombosis of all vessels in his lower extremities, requiring amputation of both legs below the knee, as well as anoxic brain injury, manifesting in complete short term memory loss, decreased IQ, decreased motivation, and a completely new and passive personality. Settlement, which included both cash and annuity payments, included the full MICRA amount for non-economic damages, as well as lost past and future earnings, and compensation for past and future medical expenditure.

Death Resulting from Kaiser Permanente Failure to Monitor Following Brain Surgery
Attorneys at Walkup, Melodia, Kelly & Schoenberger obtained a settlement in the amount of $575,000 on behalf of the heirs of a 62-year-old Kaiser member who died due to a failure by Kaiser Redwood City nurses to adequately monitor his neurological status following brain surgery.

The member underwent a resection of the third ventricle to remove a tumor. He came through the procedure in stable condition, but developed increased intracranial pressure during the night following surgery. Nurses failed to adequately monitor his neurological status as required by existing protocols, and the swelling of his brain was not reported to the member’s neurosurgeon until the following morning. That physician attempted to reduce the pressure caused by the swelling by performing an emergency shunt procedure, but it was too late, as the increased intracranial pressure had caused irreversible global brain damage. The member was comatose until his death three days later.

Brain Damage and Kaiser Permanente
The Walkup Kaiser team negotiated a settlement on behalf of a 51-year-old man who suffered loss of vision, balance problems, hearing loss, headaches, cognitive impairment and short-term memory loss when Kaiser South San Francisco personnel failed to timely diagnose and treat his transitory ischemic attacks (TIA). The patient suffered a massive stroke as a result.

The patient visited the Kaiser emergency room several times in the days leading up to his stroke. His symptoms included neck tightness, numbness in his hands and face, slurred speech, drooling, dizziness and balance problems. Though a nurse practitioner suspected TIA and suggested a carotid ultrasound, none was ever ordered. When the patient presented to the ER the day before his stroke, Kaiser doctors delayed several hours in performing a CT scan and administered inappropriate medications. Walkup attorneys were able to show that timely diagnosis and administration of the proper medications could have prevented the patient’s stroke. The settlement included cash and annuity payments guaranteed to provide for in-home care for the member, as well as compensation for lost earnings. It also included the MICRA maximum amount for non-economic damages.