Articles Posted in Subdural Hematoma

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This case is being heard in the Supreme Court of the State of New York in Queens County. The defendants of the case have moved for an order to set aside a jury award of damages that was returned on the 22nd of June, 2005 and for a new trial to be granted in the interest of justice. The defendants contend that the amount of the awards issued by the jury are excessive and are not supported by the evidence that was provided in the case. The jury awarded the plaintiff $2,500,000 for past pain and suffering, $1,000,000 for future loss of earnings over the next 32 years and $12,500,000 over 52 years for future pain and suffering. There have been several conferences held in regard to this case, but no agreement could be reached and now it is up to the court to decide.

Case Background

The trial of this instant action was bifurcated. The liability portion of the trial was held on the seventh of June, 2005 and the jury returned with a verdict on the ninth of June finding that negligence of the defendants was the only cause of the accident in which the plaintiff was injured.

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This case is being heard in the Family Court of Queens County. This particular case involves alleged child abuse.

Case Background

On the ninth of June, 2004, the Administration for Children’s Services filed a petition alleging that the subject child had sustained a second degree burn on her elbow, a bruise over her eye, a laceration on her lip, a bite mark on her foot an numerous scars and scratch marks all over her body. The respondents, who are her biological parents, could offer no explanation as to how she sustained all of these injuries.

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A personal injury action was commenced by plaintiff-mother. It was alleged that when she was 12 days pregnant she was injured when a police vehicle backed up and hit her as she was crossing a street and that she sustained a stress fracture of her right tibia as a result of the accident, and that the trauma and stress of the accident caused her to experience pregnancy complications resulting in an emergency cesarean section at 27 weeks.

Has the stress from the accident induce a placental abruption that would make the defendant liable?

A report from the pathologist who examined the post-delivery placenta and blood specimens indicated that an infection was the cause of the infant plaintiff’s premature delivery. Moreover, plaintiff-mother’s history of preexisting gynecological issues established prima facie that the infant’s premature birth was not due to placental abruption because of trauma from the accident (birth injury or birth injuryaccident).

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