January, 2025 – This suit asserted negligent instruction and supervision of our client (who was then 6 years old), a special needs student at an elementary school who sustained serious head injuries after falling in gym class. Our client had a prior condition of gross motor deficits with poor motor coordination for which she received services and therapies through early intervention, as early as age 3. Her special needs were noted and considered through implementation of an Individual Education Plan (“IEP”) by the school. Her gross motor deficits were detailed in multiple IEPs requiring a specialized school program prior to the incident. Further, she was classified as being “communication impaired.” During an improvised dodgeball game, which used over 10 balls, the teacher left the gym. As a result, our client had to contend with many balls coming at everyone from all directions, a scene described as chaotic, with loud music playing, kindergarteners running around, and the gym teacher out of sight. As a result, following her falls, our client incurred an occipital skull fracture, epidural hematoma, brain swelling, and neuro-ophthalmological injuries for which she underwent a craniotomy to prevent increased swelling to her brain. Following discharge, she received post-operative care with a pediatric neurosurgeon and various other specialized medical providers. We retained a physical education expert, along with pediatric neurologists to address damages in the case, as our client had made improvements in her condition over time, and was now age 15. A mediation with a retired judge took place, and the settlement reached was approved by a judge at a Court hearing. A structured annuity was put in place for the child to preserve and enhance her recovery over time, in view of her long-life expectancy.
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