Legal Memorandum: Damages in an Organic Brain Damage Claim

Issue: What level of damages may a plaintiff expect on a claim for organic brain damage?

Murphy v. Mueller, No.CV 86 0032091 S (Sup. Ct., Jud. Dist. of Windham, Conn., filed April 1987).  The plaintiff, a 59-year-old man, sustained a concussion which led to vertigo, memory loss and loss of fine motor skills.  He incurred $3,027 in medical expenses and claimed a past wage loss of $35,000 and future wage loss of $75,000 in his occupation as a chief maintenance mechanic in a large bakery.  The plaintiff accepted a $290,000 cash settlement.

Hickling v. Dept. of the Army, administrative claim (Ft. Mead, Md., September 1984). The plaintiff suffered cardiac arrest as a result of being intubated in the esophagus rather than the trachea prior to a caesarian-section delivery.  The plaintiff suffered residual neurological dysfunction, with mild to moderate impairment of memory and concentration.  The plaintiff’s husband claimed loss of consortium.  The Army admitted liability and settled the claim for $750,000 cash.

Frecoe v. Town of Palm Beach, No. 82-5500 CA(L) B (Palm Beach Cty., Cir. Ct., Fla., 1985).  The plaintiff, a 28-year-old student, sustained a brain injury as a result of a single-vehicle automobile accident.  The plaintiff alleged the accident resulted from the improper placement of a stop sign, which was placed at an angle and partly hidden from view by vegetation.  The plaintiff, who was a passenger in the vehicle, settled with the town placing the sign for $1,000,000 and with the driver for $300,000.

Sevilla v. State, 498 N.Y.S.2d 351 (Ct. App. 1985).  The plaintiffs were a husband and […]