The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)
FACTS/CONTENTIONS
According to Plaintiff: Over four years ago, plaintiff Neil Harris, an amateur boxer and mixed-martial arts fighter and trainer, was rear-ended by a delivery truck driver, defendant James Vermon. At the scene of the collision, plaintiff said he was fine; there was no report done by the paramedics. Days later, he had dizziness and word-finding difficulty. He did not see a doctor. Weeks later, he was diagnosed as having a minor concussion. All brain scans were read and reported as normal by both the treating doctors and defense experts. There was no positive imaging to make a brain injury case on. The Glasgow Coma Scale was normal, and there was no loss of consciousness at the scene.
After the late diagnosis of concussion, plaintiff’s symptoms worsened, and, after six months, he developed a tic disorder, uncontrollable movements of his right arm and other parts of his body.
The defense experts all called him a faker and fraud because all the MRI scans were clean. Even treating doctors and plaintiff’s experts diagnosed him as having a conversion disorder. The defense consistently offered zero for the four years this case was ongoing. Medical research by the team of experts found reports that tic disorders, while rare, can occur months after a mild traumatic brain injury.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The problem was the length of time between the diagnosis of the concussion and the development of the movement disorder.
The next move by the defense was to say that the initial medical treaters plaintiff was referred to by the lawyers committed malpractice by “implanting a false diagnosis of mild traumatic brain injury into the patient’s mind.” The next move was to say that plaintiff was damaged to begin with because of his history as a boxer and mixed-martial arts fighter. The next move was to claim that plaintiff’s marriage was a “fraudulent immigration marriage” and that his loss of future earnings claim was bogus.
CLAIMED INJURIES
According to Plaintiff: Mild traumatic brain injury; conversion disorder.
CLAIMED DAMAGES
According to Plaintiff: Not reported.
SETTLEMENT DISCUSSIONS
According to Plaintiff: Zero offer for four years by defense. The day before trial, the defense turned down $3.7 million, $4 million, $5 million, $6 million, $7 million, $8 million, and $10 million.
SUMMARY:
Verdict/Judgment: Settlement
Verdict/Judgment Amount: $13,863,000
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.