“It’s been so long since last we met” is the start to the Georgetown Fight Song and seems fitting today since we have not had a WIW in a while. When last we “met” we presented several brain injury cases. Here are a few more. As you know, brain injury cases are very difficult to evaluate and are often very fact specific. That said we can still use these cases as a tool towards establishing the basis for our opinion regarding potential settlement and verdict values.
BERGAMO V. VERIZON NY, INC., 95 AD3d 916 (2nd Dept.)
DECIDED: 2012
VENUE: Supreme Kings
TYPE OF CASE: Automobile Liability
FACTS: A 50-year-old man stepped out from behind an elevated train support pillar to cross the street when he was struck by a van. He first hit the van’s windshield and then fell onto the pavement.
INJURIES:
- The plaintiff sustained multiple skull fractures.
- The plaintiff suffered brain hemorrhages and hematomas.
- The plaintiff sustained bilateral orbital fractures and a non-displaced fracture of the cervical spine at C5-C6, among other injuries.
- The plaintiff lapsed into a coma at the scene of the accident and remained comatose for two months.
- The plaintiff sustained substantial traumatic brain injuries (TBI) that resulted in permanent left side hemiparesis, impaired vision on his left side and double incontinence.
- The plaintiff is wheelchair bound and confined to a rehabilitation facility with significant cognitive and speech deficits and impairments requiring assistance in all of his grooming and hygienic functions.
- At the time of the accident, plaintiff was on Social Security Disability due to a pre-existing anxiety disorder, was infected with a chronic case of Hepatitis C and was HIV positive.
- The plaintiff had abused heroin for many years and was on methadone maintenance.
RESULT: The jury awarded $30 million for past pain and suffering, which was reduced to $7.5 million and $5.438 million for future pain and suffering. On appeal, the damages were further reduced from $7.5 million to $2 million and from $5.438 million to $4 million. According to the U.S. Bureau for Labor Statistics, $6 million in 2012 is equivalent to $7,839,878.23 in 2022.
JIANG V. DOLLAR RENT A CAR, 91 AD3d 303 (2nd Dept., 2012)
DECIDED: 2012
VENUE: Supreme Kings
TYPE OF CASE: Automobile Liability
FACTS: A 26-year-old restaurant deliveryman, was struck by a motor vehicle from behind while riding a bicycle causing him to fly through the air, landing on the pavement, and rendering him unconscious.
INJURIES:
- The plaintiff sustained a left compound, comminuted tibia/fibula fractures.
- The plaintiff underwent surgery including the external fixation and subsequent internal fixation with a rod and four screws.
- The plaintiff sustained right arm compound radius and ulnar fractures.
- The plaintiff underwent which required an open reduction and internal fixation with a metal plate and seven screws.
- The plaintiff suffered a C-4 fracture of vertebral body.
- The plaintiff sustained a T-12, L-1, L-2 and L-3 transverse process fractures.
- The plaintiff suffered six bilateral rib fractures.
- The plaintiff sustained a contrecoup injury with diffuse axonal shearing that caused permanent brain damage.
RESULT: Jury returned in a verdict of past pain and suffering of $3 million and future pain and suffering of $3 million, which were both reduced to $2.5 million, respectively. According to the U.S. Bureau for Labor Statistics, $5 million in 2012 is equivalent to $6,533,231.86 in 2022.
TURTURRO V. CITY OF NEW YORK. 28 NY3d 469 (2016)
DECIDED: 2016
VENUE: Court of Appeals of New York
TYPE OF CASE: Automobile Liability
FACTS: A 12-year-old boy was riding across the street on his bicycle when he was struck by an automobile.
INJURIES:
- The plaintiff was in a coma for approximately 5 months as a result of the accident.
- The plaintiff suffered a contrecoup injury of the brain.
- The plaintiff sustained extensive skull fractures.
- The plaintiff suffered a subdural hematoma.
- The plaintiff sustained intracranial hypertension.
- The plaintiff suffered a fracture of distal end of tibia and fibula.
- The plaintiff suffered a hip fracture.
- The plaintiff suffered a collapsed lung.
- The plaintiff underwent several surgeries.
- The plaintiff developed several complications, including a seizure disorder.
- The brain injuries permanently diminished the infant plaintiff’s cognitive and motor functioning
RESULT: The jury returned a verdict for past pain and suffering of $6 million and future pain and suffering of $15 million, which was reduced to $10 million by the trial court. On appeal, the awards were further reduced to $3 million for past pain and suffering and $7 million for future pain and suffering. According to the US Bureau for Labor Statistics $10 million in 2016 is equivalent to $ 12,501,097.44 in 2022.
BELT V. GIRGIS 82 AD3d 1028 (2nd Dept.)
DECIDED: 2011
VENUE: Supreme Queens
TYPE OF CASE: Automobile Liability
FACTS: A food product salesman left his car unlocked with his keys in the ignition while making a sales call at a supermarket. While the defendant was in the store, an intoxicated passenger in his car drove the car out of the parking lot, lost control, jumped a sidewalk, and struck the plaintiff.
INJURIES:
- The plaintiff was in a coma for three weeks following the accident.
- The plaintiff sustained a left femoral fracture.
- The plaintiff suffered a right clavicular fracture.
- The plaintiff sustained a laceration of the right anterior tibial area.
- The plaintiff suffered a fracture of the right medial malleolus.
- The plaintiff sustained a fracture of the pubic rami.
- The plaintiff suffered a severe head injury to include an intracranial hemorrhage on the left parietal hemisphere and a left frontal lobe intra-axial hematoma with right temporal bone fracture.
RESULT: The jury awarded plaintiff $5 million in past pain and suffering and $10 million for future pain and suffering, which was reduced to $2 million and $3 million, respectively. According to the U.S. Bureau of Labor Statistics, $5 million in 2011 is equivalent to $6,724,343.05 in 2022.
DOCKERY V. SPRECHER, 68 AD3d 1043 (2nd Dept., 2009)
DECIDED: 2009
VENUE: Supreme Queens
TYPE OF CASE: Automobile Liability
FACTS: A medical malpractice case in which a 34-year-old brought action for a delayed diagnosis and subsequent treatment of a brain abscess.
INJURIES:
- The delayed diagnosis of the brain abscess allowed the infectious process to slowly colonize in the brain causing swelling crushing the brain against the skull and squeezing down plaintiff’s neck.
- The plaintiff sustained a massive brain injury.
- The plaintiff was in a coma for one month.
- The plaintiff underwent multiple brain surgeries.
- The plaintiff experienced several lengthy hospitalizations.
- The plaintiff had to partake in years of rehabilitation.
- The plaintiff suffered permanent severe aphasia (loss of ability to produce or comprehend language).
- The plaintiff suffered memory loss and loss of cognition.
RESULT: The jury returned an award of $10 million for past pain and suffering and $27.75 million for future pain and suffering, which were reduced to $1.2 million and 6.75 million, respectively. According to the US Bureau of Labor Statistics, $7.95 million in 2009 is equivalent to $11,151,491.88 in 2022.
