Examples of common birth injuries resulting from malpractice range from brain injury that may result in impaired or delayed motor development or intellectual disability through to Erbs palsy and other brachial plexus injury. For a more complete discussion of the full range of birth injuries, their causes, and the obstetrical malpractice lawyer’s strategies for discovering the physician’s or hospital staff’s culpability in causing the injuries, please consider our Obstetrical Malpractice Lawyers and Birth Injury Attorneys page. Here we will discuss brain injuries which may not become apparent to parents immediately at birth, indeed commonly not resulting in parental concern until the baby fails to meet his or her expected milestones and in cases of mild intellectual disability may not be diagnosed until the child enters school. Brain injuries sustained at birth may be due to a number of causes, including oxygen deprivation, hypoxia, anoxia, or traumatic brain injury. There are a number of failures of hospital staff and obstetricians which can lead to brain injury. The hospital staff may not properly or timely apply fetal monitoring or fail to properly assess fetal distress, or they may fail to act sufficiently quickly to alert the mother’s obstetrician or the appropriate specialists to deliver the baby by cesarean section before the baby sustains brain damage. The obstetrician may fail to recognize fetal distress or delay delivery including by cesarean section to assure that the baby’s brain is not deprived of oxygen. (more…)

September 21, 2009: San Francisco
Traumatic Brain Injury, Trucking Accident: $49,123,375.87

Recognizing the staggering costs of healthcare associated with traumatic brain injury, a San Jose jury awarded Drew Dakota Bianchi $49,123,375.87 late Monday afternoon. The verdict followed a hotly contested five-week trial involving two truck drivers who collided on State Route 152 (Pacheco Pass), one of whom thereafter struck the car in which plaintiff was a passenger.

Plaintiff, Drew Dakota Bianchi, was a 21-year-old passenger in a Toyota Avalon, when, on May 3, 2007, he was struck by a Peterbilt truck driven by defendant, Samuel Bimbela. Evidence at trial established that Mr. Bimbela, driving his Peterbilt truck, and codefendant Mr. Michael Demma, driving a Gordon Trucking 18-wheel big rig, struck each other at or near the centerline on State Route 152. No pre-impact evasive maneuvers were undertaken by either driver.

Mr. Bianchi, whose injuries necessitate a lifetime of 24/7 care, brought suit against both truck drivers/trucking companies, as well as the State of California.

The jury, recognizing the devastating cost of future care for an individual sustaining traumatic brain injury, awarded $3.4 million in past medical expenses, $27.6 million in future medical expenses, $4.5 million for future lost wages, and $13.5 million in general damages.

The jury attributed fault in the amount of 35% to Gordon Trucking/Michael Demma, 60% to Samuel Bhnbela, and 5% to the State of California.

The verdict is thought to be one of the highest non-punitive verdicts in the State of California for an individual sustaining traumatic brain injury.

Plaintiff was represented by Randall H. Scarlett of San Francisco, California and Thomas Wm. Malone of Atlanta, Georgia. Mr. Scarlett dedicates his career to individuals sustaining brain injury. He actively serves as a Board Member on the California Brain Injury Association, and dedicates both his professional and personal life to improving the lives of those sustaining traumatic brain injury.