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June 29, 2011

Plaintiff receives a $2.25 million Jury Verdict for a Brain Injury During Eye Surgery

Illinois brain injury lawyers are pleased with the recent 2.25 million dollar brain injury jury verdict reported on Outpatients Surgery Magazine. In the California case, the plaintiff went to the ambulatory surgery center for a routine 10 to 15 minute ophthalmic procedure. As part of the procedure, the plaintiff underwent anesthesia. The anesthesiologist allegedly exited the procedure room and left the patient under the care of nurses. The nurses were not trained in anesthesia administration or how to treat sedated patients.

Unfortunately for the plaintiff, his body had a reaction to the anesthesia that caused him to go into a deeper state of sedation, to the point that he stopped breathing. Nothing had been used to monitor the patient’s breathing, such as an end-tidal CO2 machine. As a result, the plaintiff suffered cerebral hypoxia, an injury where the brain goes without enough oxygen for a certain period of time causing brain cells to die. According to PubMed Health, brain cells are extremely sensitive and start to die within less than five minutes after oxygen to the brain has been cut off. As a result of this severe brain injury, the plaintiff must reside at a nursing home where he can receive constant care. He is only in his mid-50’s.

The plaintiff brought a brain injury lawsuit against the ambulatory surgery center and anesthesiologist. The anesthesiologist settled the case, while the defendant ambulatory surgery center went to trial. Thus, the 2.25 million dollar verdict only reflected damages to be paid by the defendant ambulatory surgery center because the defendant anesthesiologist had previously settled with the plaintiff.

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June 22, 2011

Chicago Injury Lawyers Discuss Pool-Related Brain Injuries

Our Chicago injury lawyers know that with the summer months upon us, one of the most popular outdoor activities during this scorching season is to take a dip in a swimming pool. Whether you own one yourself or visit your local community pool, it is a great way for people of all ages to have fun in the sun. Regrettably, sometimes this fun could turn fatal or cause serious brain injury if proper pool safety precautions are ignored.

While not all swimming pool-related accidents result in fatalities, another common injury that may result is a traumatic brain injury. According to the National Institute of Neurological Disorders and Stoke, a traumatic brain injury is defined as a form of acquired brain injury that results when a sudden trauma causes damage to the brain. This kind of brain injury can result when the head suddenly, as well as, violently hits an object – or when an object enters the skull and punctures the brain. Pool related brain injuries can result from diving accidents, or even from slip-and-fall accidents that result around pools. Diving is one of the most common causes for neck, spinal, and brain injuries in pools. According to EnjoySwimming.com, a diver can sustain these types of injuries when diving into a too-shallow pool, diving into water they are unfamiliar with, as well as, using incorrect techniques. Injuries, such as those to the brain, may quickly result if a diver fails to heed caution that results in a collision with pool walls.

Our Chicago brain injury attorneys strongly recommend that people of all ages use the utmost caution during these summer months. Tragic swimming pool related injuries can arise from any situation and we strongly recommend using the proper pool safety provided by PoolSafely.gov. It is encouraged that; adults should always pay close attention to their children and be alert while they are in and around the pool, teach children basic water safety tips, and finally install proper equipment and markings for their residential pool to prevent any accidents.

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Posted In: Brain injuries from falls, Traumatic Brain Injury

June 21, 2011

Mystery surrounding a woman's severe brain injury

Our Chicago injury attorneys are puzzled over the cause of a woman’s brain injury that we recently read about. According to Times Union, a 42-year-old single mother of three children was knocked unconscious by her ex-boyfriend. Her unconscious state turned into a six-week coma. The woman suffered from multiple brain contusions and skull fractures. When she awoke from the traumatic brain injury, she had to relearn simple things like how to walk or talk.

Parents of the woman filed a brain injury lawsuit. The suit claims that the woman slipped on the ex-boyfriend’s driveway. The condition of the driveway was icy and, according to the lawsuit, not in a reasonably safe condition. The ex-boyfriend, who was inebriated at the time, tried to pick her up but he dropped her several times. This caused her head to violently strike the ground several times. The ex-boyfriend then called his parents who came and drove them to the hospital. 911 was never called.

The parents of the woman claim that the ex-boyfriend and his family never explained significant details to medical personal regarding the injury. According to the police, the ex-boyfriend told the emergency medical personnel that she merely slipped on the driveway. This resulted in a delayed treatment and complicated the medical care. The woman had to be transferred to a medical center that had the facilities to treat a severe brain trauma. The doctors concluded that it was not possible for the woman to sustain such severe brain injury from a fall.

Police and investigators are still trying to find the cause of the injury. After the incident, the ex-boyfriend immediately hired a lawyer and refused to answer any questions by investigators regarding the incident. 60 people have been interviewed regarding the incident so far. The parents are seeking a $30 million dollar recovery.

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June 7, 2011

Illinois Woman Files Brain Injury Lawsuit Against Negligent Doctor

According to the Madison County Record, a brain injury lawyer has filed a complaint on behalf of an Illinois woman who suffered serious brain and brain stem injuries as a result of medical malpractice by a Belleville neurologist.

The medical malpractice lawsuit report explains that the woman was seriously injured after her neurologist failed to refer her to another doctor, a neurosurgeon, for consultation after he discovered a lesion in her carotid artery. The carotid arteries supply blood to a person’s brain. The Illinois medical malpractice lawsuit further alleges that due to this failure, her lesion doubled in size and this growth caused her to suffer severe brain and brain stem injuries.

Brain injuries can manifest in many different ways and have varying affects on the victims. Brain injuries can be caused by medical malpractice, such as this case, but also in car and truck accidents, in sports related accidents, or events such as a fall. According to the Brain Injury Association of America, over 795,000 people suffer non-traumatic brain injuries every year. Every injury is different and can cause different symptoms. In this woman’s case, she suffered from headaches, memory loss, and vision impairments. The lawsuit also claims that she suffered permanent disability pain.

When someone suffers a brain injury due to another’s person’s negligence, the victim may be able to seek compensation for their injuries. Victims have a right to recover economic and non-economic damages. Our Chicago brain injury attorneys have helped brain-injured victims across the state seek compensation by holding wrongdoers accountable for their mistakes.

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Posted In: Brain Injury Lawsuits, Medical Malpractice

June 3, 2011

58.6 million dollar brain injury verdict due to obstetrician's failure to perform a timely c-section

According to the Hartford Courant, a new record jury verdict for medical malpractice was set at $58.5 million. The brain injury lawsuit involved an obstetrician who was alleged to have waited too long to perform a cesarean section. Failure to perform a timely c-section resulted in a loss of oxygen to the baby’s brain, which caused the baby to be permanently brain damaged.

After six years of trying to have children, the parents had finally resorted to the costly use of in-vitro fertilization just to become pregnant. Unfortunately, after waiting so long for their child’s arrival, “when my son was born, he was born not breathing, blue, limp,” said the mother about her only child to the Hartford Courant. “He had seizures; he was on a ventilator. So, we knew something terrible had happened to [him].” The child was born in February of 2003, but only now the parents are finally receiving the money to help with his medical care from those who caused the injury. The medical malpractice jury award was $8.6 million in economic damages for past and future care of the child and $50 million in non-economic damages. Non-economic damages are at the jury’s discretion. The possibility of interest would increase this number by millions.

Medical care for the child is expensive and a full-time job for his mother. The child must be fed through a tube and is wheelchair-bound. He is also unable to speak and is incontinent. “Pretty much everything is dedicated and surrounded around Danny and his needs, and we do them with pleasure because he’s out son. We love him,” the mother told the Hartford Courant.

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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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