Minor v. Valley HMO – Negligent Neurosurgery Causing Personal Injury

Our brain injury specialists represented a 7-year-old child who underwent pediatric neurosurgery for correction of a suspected spinal abnormality. During the procedure, which our team claimed was unnecessary, the child suffered a brain stem infarct, with resulting paralysis and ventilator dependency. The action, brought against a national health plan, was litigated in the health plan’s arbitration system for two years. Our brain injury attorney team presented evidence on the cost of a future life care plan, including rehabilitative needs, occupational and speech therapy needs, attendant care, past and future medical expenses and future wage and benefit loss. After multiple sessions of mediation with a retired judge, a settlement having a present cash value in excess of $6 million was negotiated. Under the terms of this settlement, both cash and annuity payments were made, and a provision for future expenses to cover adaptive equipment needs, attendant care, future medical care, and housing modifications was agreed upon.