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February 25, 2011

Child’s Mother files wrongful death suit after child dies as a result of brain surgery

The loss of a child, as a result of an improper medical procedure, is a tragedy that should be prevented at all costs. According to Fox 8, the mother of a five-year old filed a wrongful death lawsuit claiming brain surgeries he had as an infant led to his premature death. The mother is seeking damages for a brain surgery which caused her son to suffer severe brain damage. Doctors performed a procedure when the child was twelve days old to repair an abnormal vain that was causing excessive blood flow into his heart. The complaint states that the doctor’s used a surgical device that was supposed to be used for adults. The glue from the device entered the baby’s brain, subsequently causing a stroke and permanent brain damage.

As a result of the surgery he had as an infant, the child was on a ventilator up until his death at age 5, when he died of pneumonia. The child’s permanent brain injury and wrongful death may have been prevented with the use of a device suitable for infants.

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Posted In: Brain injuries in children

February 16, 2011

Teen's Mom Files Brain Injury Lawsuit Following Choking Incident at School

The mother of 18-year-old Christopher Tyler, a special-needs teen, filed a lawsuit against the administrative district where her son attended school. Temekia Eason, as reported by kptv.com, is seeking monetary damages for a choking incident which led to her son’s substantial brain injury and death.

The lawsuit alleges that school staff members disregarded protocol when they failed to supervise Christopher Tyler during his meal time. The teen required close watch during lunchtime since he often ate at a fast pace. The school was instructed to ensure that Christopher ate his food in very small portions and that the staff checked his throat after each bite to protect him from choking. These types of wrongful death lawsuits are ones that our Chicago personal injury attorneys are familiar with.

On December 8, 2010, the lawsuit claims that protocol was disobeyed when Christopher was not being carefully watched and consequently choked on his food - cutting off the oxygen to his brain. According to BBC news, choking occurs when food travels down an individual’s trachea (windpipe) rather than the oesophagus (food pipe). This blocks the individual’s supply of air to the lungs and causes involuntary coughing. If the obstruction is not quickly removed it can lead to permanent brain damage in about two minutes.

In the case of Christopher Tyler, the teen lost all brain function following the incident. He was taken off of life support by his mother just two days later following a determination by doctors that Christopher had no chance to recover. Ms. Easton is seeking $734,000 in damages for the wrongful death of her son.

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Posted In: Brain Injury Lawsuits

February 15, 2011

Personal Injury Attorneys File Suit For Inmate’s Brain Damage

The Times Leader reported that in Scranton, Pennsylvania, a personal injury attorney filed a federal civil rights suit for Lackawanna County Prison inmate Nicholas Pinto. In the complaint, Pinto alleged that fellow inmate Michael Simonson beat Pinto. At the time, Simonson was awaiting trial for second-degree murder, which he subsequently plead guilty and received a life sentence. In the complaint, Pinto alleges that Simonson kicked Pinto in the head at least 15 times. As a result of the beating, Pinto continues to suffer severe brain damage almost a year after the incident.

Pinto is seeking justice from a former prison warden, three guards, and Lackawanna County. Pinto alleges that the guards stayed in the control room while Pinto was beaten. He alleged that the former warden failed to enforce polices that ensure officers fulfill their duties during their shifts. Pinto also alleges that the prison failed to properly separate the two inmates based on their custody classes. Pinto was being held in protective custody after suffering assault and repeated rape by other inmates. Simonson was being held in administrative custody, which is the highest security level. Prisoners in protective and administrative custody have separate cells. Pinto is seeking compensatory and punitive damages for his injuries.

According to the Mayo Clinic Research website, brain injury is “a life-altering event which affects every area of a person’s life – including his or her relationship with family members and others close to him or her.” One who suffers a brain injury may require a whole health care team, including care from neuropsychologists, occupational therapists, clinical nurse specialists, social workers, and psychiatrists. These expenses can be particularly costly to victims of another person’s negligence or intentional violence. Personal injury lawyers can help those victims to take legal action for the brain injuries that the victim did not ask for or deserve.

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Posted In: Brain Injury Lawsuits, Brain Injury Lawsuits

February 14, 2011

Man suffers brain injury after falling at a local horse track and casino

The Star Press recently reported on a lawsuit that was filed against a local horse track and casino after a 71 year old man fell and died as a result of his injuries. The man allegedly tripped over some obstruction or defects before falling to the ground. After his fall, the man suffered from a traumatic brain injury (subarachnoid hemorrhage) causing his death.

A subarachnoid hemorrhage is bleeding in the subarachnoid space. This is the area between the brain and the thin tissues that cover the brain. Unfortunately, this is the most common type of brain injury caused by falls. In fact, according to the U.S. National Library of Medicine, most injury-related subarachnoid hemorrhages are seen in the elderly who have fallen and hit their head.

The main symptom of this type of brain injury is a severe headache. This headache typically starts suddenly and is worse towards the back of the head. A victim may also feel a popping or snapping feeling in the head before the headache begins. Brain injuries from falls are not limited to the elderly. For example, recently, a child suffered a brain injury after sustaining a fall at day care.

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Posted In: Brain Injury Lawsuits, Brain injuries from falls

February 11, 2011

Man awarded $14 million for a brain injury sustained during automobile chase

The Hartford Courant reported a man was awarded $14 million dollars after the Town of Clinton was found liable for man’s injuries. The victim was a passenger in a car involved in a car chase with a volunteer firefighter. The volunteer firefighter called the Town of Clinton Police Department and was encouraged by a dispatcher to continue chasing the car.

After an eight minute chase, the victim’s car crashed into a tree. The victim suffered severe brain damage and is expected to be institutionalized for the rest of his life. According to the National Highway Traffic Safety Administration (NHTSA), nearly 360 people are killed each year in police related pursuits.

As a result of this staggering statistic, many police forces have considered the possibility of more restrictive police chases. It is important for some police forces to recognize the risks of chasing a vehicle for minor offenses.

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Posted In: Brain Injury Recovery, Car Accident/Truck Accident

February 5, 2011

Family Files Medical Malpractice Lawsuit After Mother Suffers Brain Injury

According to the Daily Herald, a daughter re-filed a brain injury lawsuit on behalf of her mother against an anesthesiologist at Maury Regional Medical Center on January 7, 2011. Her mother was admitted to Maury Regional Medical Center to remove her gallbladder. Before the surgery began, the physician and his staff administered anesthesia. In general, anesthesia is administered through a tube inserted into the patient’s trachea. If the tube is inserted too deep, it may disrupt the patient’s ability to breath.

According to the medical malpractice lawsuit, while under anesthesia, the victim's blood pressure and oxygen saturation dropped. Although the surgery was aborted, the woman came out of the surgery with severe brain damage. Tests performed after the surgery showed that the cause of the brain damage was a lack of oxygen to the brain. In Illinois, similar injury lawsuits are filed when victims are seriously hurt in motor vehicle accidents, falls, workplace accidents, and due to other types of medical negligence such as birth injury and medication errors. According to the American Society for Anesthesiologists, less than 1 in 200,000 healthy patients die due to anesthesia related reasons when an anesthesiologist is involved. Although the occurrence may seem rare, when an anesthesia related injury does occur it is the patient and the patient's family who suffers most.

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Posted In: Brain Injury Lawsuits

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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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