By Jim Lewis, Birth and Brain Injury Attorney in Virginia

A Michigan teenager whose cerebral palsy, quadriplegia and other permanent disabilities appear to have been caused by the negligence of the doctor who delivered her at William Beaumont Hospital in Oakland County, MI, in 1996 has won a medical malpractice lawsuit against the health care facility and the obstetrician. The girl, who is now 15, is set to receive $144 million, which will come down to $130 million after legal fees and costs are paid.

Attorney Geoffrey Fieger told WXYX Action News 7 that the amount awarded represents no more than the bare minimum of lifelong care for the girl “at $12 an hour, 24 hours a day, 365 days a year, for 77 years into future.”

Key to the successful resolution for the plaintiff in this medical negligence/birth injury case was showing that the doctor and administrators at the hospital were negligent in not recognizing and responding to risks to the newborn from a complicated pregnancy and delivery. The girl’s mother had developed gestational diabetes, and the girl’s birth weight was more than 10 pounds. Both problems indicated a caesarean section was safer than a vaginal delivery, but the c-section was never ordered nor performed.

Cerebral palsy often results from a mistake or negligence by the doctor or nurses attending a birth. As a medical malpractice lawyer based in Virginia (VA) who has represented several children and families whose lives have been made almost unimaginably difficult by preventable birth and brain injuries, I know that the pressures and costs of providing lifelong care for disabled kids and adults are unsupportable without compensation from the health care providers and facilities that caused the injuries.

I wish the Michigan teen and her family well and hope their burdens are now eased.

EJL

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose attorneys focus on injury and accident law and have experience handling traumatic brain injury and general head injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA). Our attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. Our injury lawyers also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services. While not every brain injury case meets our criteria, if you or a loved one is thinking about taking legal action against a possibly at-fault person or company that caused your injury, call our office at (800) 752-0042 for a free consultation. If you cannot get through due to high call volume, be sure to leave a voicemail. We will return your call.

By Kevin Duffan, Head and Brain Injury Attorney

The West Virginia (WV) Supreme Court of Appeals has agreed to take up a case regarding whether the state’s health department can be compelled to help fund medical and community services for people with traumatic brain injuries and their families provided through a county-based group. Because of the problems with memory, speech, walking and fine motor skills that can last a lifetime following a such an injury, TBI victims can require intensive, long-term medical care and lifestyle support. A fuller summary of the events in, and status of, the case involving treatment and assistance for TBI survivors appears on our website.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm that  focuses on injury and accident law, and we have experience handling traumatic brain injury and general head injuries. Check out our case results to see for yourself. Our primary office  in Virginia Beach, Virginia (VA). Our attorneys have handled numerous head injury and brain trauma cases, and achieved the largest verdict in Virginia’s history for a brain damaged client in 2000. Our injury attorneys also host an extensive injury law video library on Youtube. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboardas pro bono public information services. While not every brain injury case meets our criteria, if you or a loved one is thinking about taking legal action against a possibly at-fault person or company who caused your injury, call our office at (800) 752-0042 for a free consultation. If you cannot get through due to high call volume, be sure to leave a voicemail. We will promptly return your call.

By Rick Shapiro, Virginia Brain Injury Lawyer

One of my colleagues recently called attention to an investigative report on the struggle people with traumatic brain injuries and their loved ones have finding quality, affordable health care. Many of the some 250,000 Virginians who need long-term treatments for injuries to their brains go without due to a lack of public funds and the dearth of clinics and hospitals that specialize in working with people who have mental and physical disabilities stemming from brain damage.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm that  focuses on injury and accident law, and we have experience handling traumatic brain injury and general head injuries. Check out our case results to see for yourself. Our primary office  in Virginia Beach, Virginia (VA). Our attorneys have handled numerous head injury and brain trauma cases, and achieved the largest verdict in Virginia’s history for a brain damaged client in 2000. Our injury attorneys also host an extensive injury law video library on Youtube. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services. While not every brain injury case meets our criteria, if you or a loved one is thinking about taking legal action against a possibly at-fault person or company who caused your injury, call our office at (800) 752-0042 for a free consultation. If you cannot get through due to high call volume, be sure to leave a voicemail. We will promptly return your call.

By John Cooper, Traumatic Brain Injury Lawyer in Virginia

How much will a  lifetime of extra doctor visits, nursing help, therapy and medical equipment  cost after a life-changing injury? Important question without an easy answer. These costs are often staggering  when someone suffers a debilitating injury like paralysis or traumatic brain injury? The answer typically requires a hired expert to study your needs after the accident and do the calculations.
 
Some insurance companies and the best personal injury lawyers in big cases use “life care plans.” These plans are a tool that can assist in estimating the scope and cost of future care needs, as well as outlining prevention steps that address the effects of aging on a disability.
 
The International Academy of Life Care Planners states the objective of their profession is to:
 
1. Assist the injured victim in achieving optimal outcomes by developing an appropriate plan of prevention of complications and restoration. This may include recommendations for evaluations or treatment that may contribute to the client’s level of wellness or provide information regarding treatment requirements.
 
2. Develop accurate and timely cost information, measurement tools to analyze outcomes, and specificity of service allocations that can be easily utilized by the client and interested parties.
 
For example, let’s say a loved one was driving down Interstate 264 (I-264) in Virginia Beach, Virginia (VA) and is involved in a serious car wreck with a drunk driver. As a result, they suffer extensive brain damage and will need round-the-clock care for the rest of their life. How do you quantify the damages? How much should your loved one receive from, let’s say, a personal injury claim?

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling traumatic brain injury and general head injuries. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA). Our attorneys have handled numerous head injury and brain trauma cases, and achieved the largest verdict in Virginia’s history for a brain damaged client in 2000.  Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.  While not every brain injury case meets our criteria, if you or a loved one is thinking about taking legal action against the at-fault person or company who caused your injury, call our office at 1-800-752-0042 for a free consultation. If you cannot get through due to high call volume, be sure to leave a voicemail and we will promptly return your call.

PA