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October 27, 2010

$13.9 Million Verdict Following Birthing Error That Causes Brain Injury

A record $13.9 million verdict was recently reached following a costly brain injury suffered by a young child at birth. Vindy.com News reported on the award, which will be used to provide medical care for the child who suffered permanent brain damage as a result of the preventable medical mistakes during her birth.

At trial the medical expert made clear that the obstetrician who delivered the child failed to take notice of clear signs during the birth that infant was experiences distress in the womb. The signs of problems were obvious at least seven hours before her birth. Print-outs showed that the child needed to be delivered by cesarean section to avoid possible harm during normal childbirth.

However, the doctor failed to take notice of those signs, allowing a vaginal birth to proceed.

As a result, the child received too little oxygen during birth, leading to permanent brain injuries. She now suffers from cerebral palsy. She has many physical ailments, and is unable talk, roll over, or eat normal food. Her mental abilities are also impaired, but the child is able to count to 50 and knows the alphabet.

The parents of the victim currently provide 24-hour a day care, and the jury award will now ensure that the child will receive quality care throughout her life—even when her parents are no longer around.

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Posted In: Brain Injuries from Birth

October 20, 2010

Woman Files Medical Malpractice Lawsuit After Suffering Brain Stem Herniation

According to www.madisonrecord.com, a medical malpractice lawsuit was recently filed by a woman in St. Louis alleging that she suffered a stroke due to her doctor’s negligence.

In 2002, following Cheryl Unterreiner’s aortic valve replacement, Dr. David Pernikoff prescribed her an anticoagulant called Warfarin. Warfarin is a type of medication that is used to prevent blood clots from forming or growing larger in your blood and blood vessels. Warfarin is customarily prescribed for people with replacement or mechanical heart valves, or individuals with certain types of irregular heartbeat. This type of medication is measured by international normalized ratio, otherwise known as INR. Doctors must keep track of INR to ensure an adequate, yet safe, dose is taken.

In Cheryl’s case, six years after starting Warfarin, her INR levels began to fall below normal. After noticing her levels were dropping, she contacted Dr. Pernikoff in April of 2008. According to her complaint, Cheryl states that Dr. Pernikoff simply increased her Warfarin dosage, without monitoring her INR levels and without seeing Cheryl in his office.

In October of 2008, Cheryl suffered a stroke at her home. After being transferred to the hospital, her condition got worse. Cheryl suffered an intracranial hemorrhage, which led to brain stem herniation.

According to her lawsuit, Cheryl has experienced a great deal of injury. She is no longer capable of speaking clearly, and the herniation in her brain has also affected parts of her body, causing emotional control issues, memory loss, and decreased motor skills.

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Posted In: Brain Injury Lawsuits

October 13, 2010

Jury Awards $6.4 Million For Brain Injuries Sustained While Getting On The Bus

ABC News followed up on a brain injury case in Northern California where a man was awarded $6.4 million after being injured while getting on the bus in April of 2008.

The case involved a disabled man who was injured while being lifted onto a bus in Roseville, California. As he loaded the bus, his wheelchair rolled backwards off the ramp. The man fell 6 feet and hit his head, causing severe brain injury.

The city’s public transportation company was ordered to pay 83% of the $6.4 million verdict, while the city was ordered to pay the remaining 17%.

Falls on public transportation can be the result of improper safety measures. In Chicago, many of the city’s buses and trains are operated by the Chicago Transit Authority (CTA).

According to the Centers for Disease Control and Prevention (CDC), falls are among the three main causes of brain injury in the United States and they are the leading cause of traumatic brain injury among people 65 and older.

The Centers for Disease Control and Prevention estimates that approximately 1.4 million people suffer traumatic brain injuries each year in the United States and about 50,000 people die from traumatic brain injuries.

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Posted In: Brain Injury Lawsuits, Brain injuries from falls, Brain injury trials, Traumatic Brain Injury, Verdicts and Settlements

October 8, 2010

High School Football Players Have Undiagnosed Brain Injuries

The Chicago Breaking News Center reported this week on a new study that suggests that many high school athletes have suffered brains injuries of which they are unaware.

The study out of Purdue University involved the close monitoring of a high school football team. Overall, 21 players were observed over the course of a year. Four of those players were eventually discovered to have suffered concussions which were never diagnosed because there were no outward signs of injury. That means that the players stayed in the game, taking many more physical hits to the head, exposed to grave risk of permanent injury.

Over the course of the year, many of these high school players received over 1,800 hits to the head during football games and practice. Some of those hits ultimately result in brain injuries that do not have any outward symptoms but that may add up to long-term problems. As one medical expert in the field explained, “there could be changes that may not affect the player now but might affect them 10 or 20 years later.”

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Posted In: Concussions

October 4, 2010

Brain Injury Lawsuit Filed After Bridge Accident

The Connecticut Post recently discussed a new lawsuit filed against a negligent contractor by two bridge workers, one who suffered a brain injury following a damaging accident at a work site.

The suit claims that the contractor in charge of the construction of a bridge support system on Interstate 95 was recklessly negligent during the process last October. The construction required the use of a steel reinforcement cage in which concrete would then be poured. This process is known to be dangerous, because the cage itself is unstable and capable of falling if not properly supported. The safety measures to protect against that risk is a simple one that is relatively inexpensive.

Because of the known risk, it is common practice for the steel cages to be secured to concrete blocks using metal cables. Those securing cables are obviously not to be removed until the work is complete and the risk of collapse is removed. However, in this case, the concrete blocks and metal cables were removed in the middle of the construction, making the structure highly susceptible to a fall while workers were still using it. A field engineer even warned to contractor about the situation, noting that the cage was literally swaying in the wind.

Unfortunately, the cage ultimately collapsed while several workers were in the area. One member of the construction crew, Fernando Fernandez had the cage fall directly on top of him. As a result, he suffered critical injuries, including a traumatic brain injury, cortical blindness, bone fractures, and organ damage. The brain injury led to complications, like functional deficits. A second worker was also hurt in the accident, suffering a series of injuries.

The lawsuit claims that the contracting company failed in its basic duty to abide by standard safety regulations. Our Chicago brain injury attorneys at Levin & Perconti have worked with many victims and their families following accidents such as these. Debilitating brain injuries are often the result of improper safety measures at dangerous work sites. No one should be forced to work in an area that poses a clear risk of harm like that suffered by the construction crew in this case. If you or someone you know may have fallen victim to this type of error, please contact a brain injury lawyer today.

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Posted In: Brain injuries from falls

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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