Firm resolves case for $3.25 million for brain injured child
In a case scheduled to go to trial on January 7, 2013, our firm and our co-counsel, Leila Kilgore, successfully resolved a case for a five year old chld who suffered a traumatic brain injury at four months of age. The defendants in the case contended that the child had no residual effects from the injury, arguing that he tested in the average to above average range on many neuropsychological tests. The defense conceded nothing other than the allegation that the chld suffered complex partial seizures for some time after the incident. The family alleged that the child continued to suffer seizures caused by the incident, as well as mild hemiparisis, visual neglect, and processing problems. The incident was a fall by an adult holding the baby while at a premises where the carpets were wet, causing the tile floors to be slippery. The baby’s head struck the floor. Utilizing cutting edge MRI with diffuse tensor imaging and PET scan technology at the University of California Irvine, the plaintiff was able to show diffuse brain lesions. Counsel are working on structuring the settlement to provide lifetime security for the child.
Michael Phelan is a Virginia trial attorney who practices with a special focus on traumatic brain injury (TBI) cases, pharmaceutical and medical device claims, product liability cases, and truck accidents. Michael’s peers have consistently recognized him for his excellence as a trial lawyer, and his clients have praised him for his commitment to deep research, his outstanding communication skills, and his sincerity and dedication.