February, 2025 – Our client fell down defective stairs at her son’s new home, where she was performing cleaning services. Following her fall, a neurosurgeon performed an emergent brain surgery, known as a left hemi-craniectomy and removal of large subdural hematoma, and placement of a drain/shunt. A video-EEG also showed persistent encephalopathy (permanent brain damage) that necessitated an epilepsy consultation and continued brain monitoring, while hospitalized for 60 days. She was transferred to long-term rehabilitation for pulmonary problems, and a broad range of trauma care, being discharged after another 158 days. A neurologist retained for the case opined that due to her traumatic brain injury she has permanent left cerebral dysfunction with motor and verbal deficits, great difficulty speaking, and gait disturbance resulting from severe damage to the structure of the cerebral cortex and brainstem from which she will never improve. Further, she is at increased risk for further cognitive decline, movement disorders such as Parkinson Disease and the development of epilepsy. While she uses a mobility chair outside of the house, she can only stand with assistance. Her daughters have been appointed by the Court as her guardians, and she resides with one of them. Her doctor notes that at the present she is completely dependent upon them for all activities of daily living. Our office retained an engineer and a human factors perception expert to prove the defective and dangerous design of the stairway from which she fell. The Court heard a defense Summary Judgement Motion filed by the insurance carrier seeking dismissal of the case, on the grounds that our client was a social guest when the accident occurred. However, this legal effort was soundly defeated, based on applicable premises case law. Further, we hired an economist to establish the lifetime value of her daughters’ care at over $1.2M. Lastly, our client has a gross Medicare lien of $370,000, which will be addressed as part of the settlement. A “friendly” settlement hearing will be needed to get final approval of the resolution, in which our client’s proceeds will be used to fund a Medicaid approved trust.
**Results may vary depending on your particular facts and legal circumstances**