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Friday, October 7, 2022

Brain injury lawsuits are almost always based on one legal ground: Negligence

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Raushan
Raushanhttps://universetravel.org/
A Cook, Software analyst & Blogger.

Brain injury lawsuits: Most of these cases are associated with medical malpractice issues, but some of them are also associated with accidents and negligible activities of a corporation. 

In such lawsuits, the plaintiff has to prove that the defendant who is being sued for the case is legally responsible for the brain injury on the victim.

Although these cases are tough to win because sometimes the symptoms of brain injury appear months or years later, there are some brain injury settlements in New Jersey that have astonished us to date.

Let’s find out about them. 

Top 5 Brain Injury Lawsuit Settlements In New Jersey

Let’s check the top 5 brain injury lawsuit settlements in New Jersey that have changed the dynamic of this critical legal scenario. 

1: Meister v. Verizon New Jersey Inc. (2017)

Issue

Maria Moser Meister is a 50 years old woman of West Orange, New Jersey, who was struck by a pole while waiting for a bus at the bus stop. The weathered pole was co-owned by Verizon Company, and as it fell on the woman, it crushed her head and body.

Law

The revised version of the Traumatic Brain Injury Act 2002 dictates that if anyone encounters a brain injury due to someone else’s fault, the person is obligated to compensate the victim. In addition, the individual has to be a New Jersey resident for more than 90 days and must have liquid assets lesser than $100,000.

Application

The Traumatic Brain Injury Act 2002 was applied in the case of Meister v. Verizon New Jersey Inc. (2017). According to the Centers for Disease Control, since Mrs. Meister was a resident of New Jersey for many years and she had a traumatic brain injury, she was eligible to get the compensation.

Conclusion

As per the ruling of Essex County Superior Court Judge Stephen L. Petrillo, Verizon had to pay $125 million to Meister and her family, and the company accepted the verdict. Since the pole was also co-owned by PSE&G and Altice, they paid Meister $250,000 and $25,000, respectively. 

2: Anna v. Jefferson Healthcare (2019)

Issue

Anna Scott was admitted to deliver her first child at Jefferson Healthcare. The fetal heart monitor showed her baby as healthy at first. Still, when her surgeon performed a membrane rupture surgery on the mother, and her baby was born 4 hours later, she developed a severe brain injury with cognitive deficits.

Law

The Medical Malpractice and Professional Malpractice law of New Jersey dictates that anybody who suffers a medical injury with no fault of one’s own will be directly eligible for the financial compensation to proceed with the future treatments.

Application

Jefferson Healthcare faced many lawsuits as a result of this carelessness. The NJ birth trauma injury law, obstetrics negligence law, hospital negligence lawsuits, labor, and delivery negligence tort, and brain injury lawsuit were applicable in this case.

Conclusion

The jury ruled in favor of Anna, and she won the case with a vast settlement fee of $23.8 million. It was one of the highest brain injury lawsuit settlements in New Jersey, but her daughter Lana who suffered the injury, continues to be a victim of this tragedy.

3: Munoz v. Sarkaria (2014)

Issue

Munoz was a 15 years old teenager in Middlesex County who went for a knee operation after getting an injury during a soccer match. While under anesthesia, Dr. Janak Sarkaria, who was tending the teenage boy at that time, failed to assist him properly, and the boy faced a brain injury.

Law

According to the New Jersey Medical Malpractice Statutes section 2A:15-5.14, if the medical professional has taken wrongful medical action, he will have to pay $350,000 or five times the number of compensatory damages. Even the NJ Negligent Tort also says that an individual’s fault for the accident should not cross the individual who is supposed to pay the damage fee.

Application

Both the Medical Malpractice Statutes and Negligent Tort were applicable in this case. After a thorough investigation, it was proved that Dr. Janak Sarkaria was indeed careless while tending the minor, which resulted in the brain injury.

Conclusion

The Middlesex County Superior Court ruled in favor of Munoz’s family, who filed the lawsuit against Dr. Sarkaria, and stated that he had to pay the boy’s family a compensation of $9.38 million

4: Tejada v. Hoboken University Medical Center (2017)

Issue

Jorge Tejada and Jasmin Carriel Tejada’s son David was born in the Hoboken University Medical Center with severe brain damage. Since the doctors failed to give proper obstetrical care to the infant during the labor and delivery, he was diagnosed with hypoxic-ischemic brain injury.

Law

New Jersey Birth Injury Law states that if the infant is born with severe brain injury due to proper medical assistance, the responsible medical team must compensate the family. In fact, the New Jersey Ob-Gyn Malpractice Act also states that if the victim files the lawsuit within 2 years of the accident, he will be eligible for the compensation.

Application

The medical malpractice act and birth injury act work in favor of David Tejada, and he was eligible for the compensation. Since the infant was not diagnosed with any prior medical condition during the sonography, the doctors’ lack of care caused such a tragedy.

Conclusion

The Hudson County Court ruled in favor of the Tejada family and settled the brain injury lawsuit for $7.1 million. Although no amount of money could compensate for the loss David has suffered or will suffer in the future, the verdict melted the family’s heart. 

5: Roman v. Rahal (2019)

Issue

Clara Roman was born prematurely, and a week after her birth, her parents took her to the hospital for a recurrent bulge operation. Unfortunately, Dr. William Rahal inserted the tube too deeply into Clara’s throat, preventing her oxygenation, and the child suffered a severe brain injury.

Law

According to the Medical Malpractice Law of New Jersey, if the patient suffers a brain injury due to an anesthesia error, it will automatically be the doctors’ fault who were supposed to tend the patient. 

Application

There are several lawsuits that are applicable in this case context. From a Personal Injury lawsuit to Medical Malpractice, from Vicarious Liability to Brain Injury, and from Anesthesia Error, to Negligent Tort, all are applicable in Clara’s case.

Conclusion

A Monmouth County Judge approved the claim of Clara’s family in February 2019 and ruled in favor of them. Dr. William Rahal and his medical team were sued in the lawsuit, and they had to pay $6.5 million to Clara’s family.

Closing Thoughts

Here, we have talked about the top 5 brain injury lawsuits in New Jersey, where the plaintiff won a considerable amount of settlement fee from the defendant.

If you know anybody who is a victim of a similar circumstance, you can study these cases and take inspiration from them as well.

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