This was an interesting case involving an elderly office worker who was struck by a van moments after she left her office at the close of business.
She was knocked unconscious and removed to the hospital by ambulance. All subsequent testing was negative but her children claimed that she was no longer herself after the accident. She was slower, more absent minded, easily distracted, sometimes confused and just plain older. Defendants claimed she had no serious injuries from this accident.
At trial we produced a brilliant neurologist Dr Lawrence Kaplan who had examined and tested Ms H. The defense lawyer asked Dr Kaplan, how he could say that Ms H had brain damage from this accident when all his testing and examinations were negative? He said, “ I didn’t expect there to be an positive findings on any tests I gave her. Most of the time where someone sustains a head injury and concussion where they lose consciousness, there are microscopic tears in the connective axonal tissues of the brain. Our MRIs are not sophisticated enough to visualize the damage. However we don’t leave our common sense at home. If the family members observing her say she is consistently different, slower and more confused with impaired memory, then it is obvious and predictable that she has sustained permanent brain damage from this accident.” A short time later the jury returned a verdict for $1 million dollars.[:es]Empleada de 67 años de edad golpeado por camioneta en Long Island City