Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
Plaintiff’s counsel argued that the VP shunt was not worked up at admission because of miscommunication. The lawyers also argued that the neurosurgeon performed the craniectomy instead of addressing the possible VP shunt malfunction. Despite evidence of increased intracranial pressure caused by excessive CSF, the neurosurgeon opened the “drum tight dura” and a portion of the child’s brain stem herniated through the incision under considerable force.
The health care providers did not bill for the majority of services that the teen required post-surgery during his hospitalization. The health care liens were settled for $80,000.
The plaintiff experienced developmental delays, microcephaly and periodic seizures prior to the incident. At the time of the incident, he was receiving special education classes. He was functioning on a first-to-second-grade level. He was fluent in Spanish and English, very sociable and interacted appropriately with his peers, according to plaintiff’s counsel. He was independent in dressing, bathing, preparing simple meals, obtaining his own drinks, and feeding himself.
The child’s wage loss contentions were limited due to his level of pre-occurrence cognitive deficiencies.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The defense contended that — due to the teen’s hydrocephaly, microcephaly and developmental delays — he had cognitive deficiencies and was not capable of meaningful employment or independent living.
SUMMARY:
RESULT: Mediated Settlement
Award Total: $4,000,000
The case settled for $4 million, broken down as $250,000 for wrongful death, extraordinary care costs to date of $100,000, home architectural modifications and van lift expenses of $100,000, a special needs trust of $800,000, an annuity worth $2,000,000 and $800,000 in costs and fees.
The settlement included a wrongful-death recovery because the plaintiff’s death will probably be caused — or contributed to — by the incident. The settlement of the wrongful death claim avoids subsequent litigation after the plaintiff’s death, plaintiff’s counsel informed.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.