Robert F. Elliott Wins Big in Hospital Liability TBI Case

May 17, 2018

On May 16, 2018, following a twenty day trial in Queens County Supreme Court, Robert Elliott obtained a defense verdict on behalf of his hospital client. The case concerned allegations of a traumatic brain injury in a 52 year old male patient who had experienced an unwitnessed fall in the hospital.

The patient had been admitted to the hospital 48 hours earlier for treatment of injuries to his head he had sustained following a severe beating. Although admitted with an altered mental status, following the unwitnessed fall he was observed to develop a significant deterioration in his mental status and subsequent imaging studies demonstrated a large brain bleed. He eventually recovered and was discharged to rehabilitation, however, he has since manifested signs of significant persistent traumatic brain injury, including a neurocognitive decline and a worsening of a preexisting seizure disorder.

Ultimately, plaintiff’s experts opined that he was best placed in a long term residential traumatic brain injury facility. Based on his life expectancy, the cost of this was projected to be in excess of $10 million dollars. Those costs, coupled with significant pain and suffering and loss of enjoyment of life damages resulted in the plaintiff’s attorney requesting a total of $15,770,000.00 in damages from our client. Following a day of deliberations, the six person jury returned a verdict in favor of the hospital.

* Attorney advertising. Prior successful results do not guarantee a similar outcome.