Mrs. Y-H was a passenger on a subway train that derailed. At the moment of impact, she was thrown across the subway car and into a pole. She was knocked unconscious. Shortly after the accident, her family noticed that she was not acting normally. Her doctors confirmed that she had sustained permanent brain damage. The TA contended that she did not sustain brain damage or if she did, that it was not permanent. At the trial, qualified experts in the areas of brain injury and cognitive dysfunction were retained and testified. The jury heard persuasive testimony and saw medical documentation that left no doubt that Ms. Y-H suffered the injuries. The case was settled at the end of the trial prior to the jury deliberating.
