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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During Florida State University's Alpha Epsilon Pi chapter meetings, members select a "brother of the week" and a "scumbag of the week." Members would then spin a game-show style wheel to determine the latter's punishment, ranging from cleaning the frat's house alone, licking the chapter room floor, a free pass, or being slapped. Unfortunately for Nicholas Mauricio, he spun the last option.

Another AEPi member, Oliver Walker, stood in front of Mauricio, shook his hand, and then hit him "as hard as he could," according to witnesses, possibly with a closed fist. Mauricio was knocked unconscious, hit the floor, and was rushed to the hospital. Now he's suing his attacker and other frat leadership.

Football season kicked off nationwide this month, but the focus hasn't solely been between the lines. Off-the-field controversies -- from political protests to paying college players -- have garnered just as much attention as teams' on-field clashes. And one issue that's been in football fans' and players' minds recently have been concussions, and the role leagues, athletic associations, and even doctors play in handling head injuries.

But those aren't even the only injuries football players and fans need to worry about. Here are five football-related injuries and what you need to know, legally.

When Should Parents Sue for Birth Asphyxia?

It sounds odd, but most of us parents love our kids so much, we've imagined all sorts of terrible and tragic ways they could get hurt. It's actually a sort of built-in function that allows us to anticipate danger and find ways to prevent it. Unfortunately, some danger and injuries are out of our hands.

One very early and potentially devastating injury a child can experience is birth asphyxia. However, there are a number of factors which can cause the condition, and not all of them are the result of someone's negligence. Therefore, it's not always clear when parents should sue for birth asphyxia.

Pastor's 'Blessing' Caused Brain Injury, Lawsuit Claims

Most church-goers expect their place of worship to be a source of healing and spiritual renewal. But one Georgia woman claims her pastor's blessing did far more harm than good when it caused her traumatic brain injury. Now, the woman is suing the church and the pastor as she continues to suffer from the effects of the incident.

There are normal injuries sustained from everyday activities like fender benders or slip-and-falls. And there are catastrophic injuries from asphalt melters that fall on your head. Brian Goodrich of Oxford, Massachusetts sustained the latter, suffering permanent disfigurement to his face and skull, permanent blindness in one eye, and loss of "even remedial cognitive function."

And last week a jury awarded Goodrich and his family $8.25 million, determining that the melter's designers were more than 50 percent at fault for the accident.

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.