Child v. Any Truck – Truck v. Auto Collision, Pediatric Brain Injury

Michael A. Kelly and Richard H. Schoenberger negotiated an $18,000,000 settlement on behalf a 10-year-old child who sustained serious brain injury when the car she was riding in was struck by an 18-wheeler on a suburban state highway. The trucking company accepted liability but vigorously challenged damages, alleging that the child suffered from pre-existing spectrum disorder disabilities, and that her parents had not followed up on optimal rehabilitation care after the child’s acute hospitalization. Using experts in pediatrics, pediatric neurology, neuroradiology, and neuropsychology, Rich and Mike were able to show that the child’s residual limitations were expected given the magnitude of her initial brain trauma and that her socialization and educational functioning prior to the collision were normal in all respects.