On August 28, 2007, I was pleased to settle a case for a now 15-year old child that was injured at the age of 20 months when he was struck by a vehicle and knocked to the ground, thus ensuring that the child will have funding to assist him for the foreseeable future.
On June 11, 1994, J.M. was 20 months old when he was injured. He suffered a fractured skull as well as an avulsion pelvic fracture. He was hospitalized for five days and then released to be followed by his pediatrician. Three weeks before the collision, the pediatrician, concerned about the fact that the child had not yet begun to speak, had referred the child to a specialized hospital to be evaluated. That testing was not conducted until after the incident making the causal link between the deficits then detected and the collision.
Defendant asserted that although responsible for the fractured skull, that the child was born with the cognitive deficits and that he was not responsible for these problems. Because of the child’s young age, the filing of a lawsuit was intentionally delayed so that I would be able to fully appreciate and discern the deficits that would ultimately develop as the child got older. Because of the preexisting issue, I retained nationally renowned experts including Gregory O’Shanick, M.D., a Board certified neuropsychiatrist and medical director of the Brain Injury Association of America; Monte Buchsbaum, M.D., Director of the Positron Emission Tomography Laboratory (PET) at Mount Sinai Medical Center; Charles Bean, M.D., a Board certified pediatric neurologist; Ron Savage, Ed.D., a leading education expert; Robert Voogt, Ph.D., a current Chairman of the North America Brain Injury Society and a leading life care planner; Anthony Gamboa, Ph.D., M.B.A., a nationally renowned vocational economic expert and Barbara Fisher, Ph.D., a pediatric neuropsychologist.
I am pleased to announce that I was able to settle the case for this deserving child in the amount of $1.6 million.