Injured - The FindLaw Accident, Injury and Tort Law Blog

Brain Injuries

Brain Injuries can be the result of car crashes, amusement park rides, sports activities, falls, or work-related accidents. Quite often, these injuries result in bruising of the brain, tearing or swelling. They can lead to permanent disability or other problems. Brain injury lawsuits are considered personal injury lawsuits and are usually argued under negligence theories or under theories of products liability. In some cases, they may even be the result of intentional torts and be argued under assault or battery theories.


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Most people have a healthy fear of the airline beverage cart for a good reason. Those things always seem to be just barely small enough to fit down the aisle, but not usually without knocking some knees, toes and elbows hanging out into the aisle.

Unfortunately for one American Airlines passenger, Charles Johnson, a runaway beverage cart caused much more than just a bumped elbow. Johnson was on a flight from Hartford, Connecticut to Charlotte, North Carolina, with his wife, when a fully stocked, 300 lbs, beverage cart broke loose. In the recently filed lawsuit against American Airlines, Johnson alleges that the runaway cart struck him in the head, causing a serious traumatic brain injury.

This week, in a Chicago courtroom, a judge handed down a massive, record setting, $23.1 million malpractice verdict against a neonatologist. The verdict, according to the plaintiff's attorney, is believed to be the largest birth injury verdict handed down by a judge (as compared to a jury verdict).

The verdict was awarded to the parents of a five year old girl that will suffer from a lifetime of health issues as a result of the medical malpractice. Although the hospital was not found to be negligent, it will be footing the bill for $21 million, while the doctor, who was found negligent, pays the remaining $2 million himself.

A Las Vegas jury had already decided that the Cosmopolitan Hotel and Casino's Marquee nightclub owed David Moradi $160.5 million after security staff attacked him and left him with a traumatic brain injury in 2012. But that was just for compensatory damages -- the amount needed to make Moradi whole after medical bills, lost income, and pain and suffering. Moradi was also seeking punitive damages (designed to punish and deter bad behavior), to the tune of another $483 million.

How much of either kind of damages he'll get will remain unknown, however, since Moradi has since settled with the Marquee for an undisclosed sum.

Infant forceps injuries, sadly, still occur from time to time during the birthing process. The use of forceps has been disfavored except for when medically necessary due to the risks of injury. Unfortunately, forceps are sometimes needed to move an infant when they are in a bad position for birth.

When an infant is injured during the delivery, parents often don’t know what to do. The experience can be such an emotional rollercoaster of highs and lows. Finding out how or why is often secondary to figuring out how to move forward and care for an injured infant or child. However, if an injury was caused due to the use of forceps, speaking with an experienced medical malpractice attorney early on may be a good decision.

Last week, a federal court judge in Pennsylvania awarded a massive $42 million verdict to the parents of a child severely injured during birth in 2012. The multi-million dollar verdict is meant to provide for the child who suffers permanent injuries that will require a lifetime of specialized medical care. Additionally, the award, which is being described as the largest ever medical malpractice verdict out of that judicial district, will be paid out by the federal government as the injury occurred at a federally funded facility.

The bulk of the award, $33 million, is to be set aside for future medical care, which could involve full-time institutionalization as an adult. The rest of the award is meant to compensate for pain and suffering, lost earning capacity, as well as past medical expenses.

Unfortunately for one Kentucky teen, playing sword baseball with a water-bottle resulted in a severe accidental injury that is now the subject of a product liability lawsuit. While the teen was playing with friends by using a sword as a bat, and hitting plastic water bottles with it, the sword came apart, and the blade struck the teen in the head.

The teen was in a coma for over a month, and had to undergo numerous medical procedures. Despite all this already, it is expected that his recovery will require lifelong medical care. His parents have filed a lawsuit against the sword’s manufacturer as a result of a product defect.

A crash during the final lap of 2013 race at the Daytona International Speedway sent driver Kyle Larson's car airborne into the catch fence and debris flying into the grandstand. Some of that debris struck Allen Davis in the head, causing a catastrophic, traumatic brain injury.

Davis sued NASCAR and Daytona's parent company, International Speedway Corp., and was seeking NASCAR's investigation report of the accident. But the two parties settled out of court, allowing NASCAR to keep the report under wraps.

Cerebral palsy is an umbrella term that refers to a number of disorders affecting a baby's brain function and body movement, caused by an injury or lack of oxygen flow to a baby's brain in the womb, during delivery, or sometime after birth. While in some cases there may be no way to tell how or why the injury occurred, in others injury or lack of oxygen could be the result of negligence by the treating physician or obstetrician.

If that's the case, obstetricians may be liable for birth injuries like cerebral palsy. Here's what you need to know.

A Salem, Oregon teen is suing his former school district after he suffered a traumatic brain injury as a result of slipping in another student's vomit on the basketball court. The lawsuit alleges that after a student vomited on the basketball court, the area was either not properly cleaned or not properly dried, and 15 year old Robert Amarillas, while playing basketball during an open gym session, slipped and fell on the vomit, or liquid left behind after cleaning it up.

The school district issued a statement in response to the previously filed lawsuit by Mr. Amarillas, which appears to have been voluntarily dismissed and just recently refilled. In their response, the district asserts that Mr. Amarillas was to blame for his own injuries, or perhaps someone else's misconduct was to blame. This case is not a typical negligence case as it involves not only premises liability, but school premises liability.

Doctors have recently observed that domestic violence survivors are prone to the same neurological condition that retired NFL players are suffering: CTE. Chronic traumatic encephalopathy is a degenerative condition that causes cognitive decline, loss of muscle and emotional control, headaches, memory loss, and more. CTE is understood to be caused by repeated blows to the head.

While CTE would seem to primarily affect athletes who play contact sports, the results, showing that domestic violence victims frequently suffer from the same condition at similar or higher rates, are troubling. Studies have shown that 60 percent of domestic assault victims are diagnosed with traumatic brain injuries.