Even Mild Brain Injury Can Lead to Multimillion-Dollar Settlements

Waterford, CTAn injury to the brain, either unto itself or in concert with other injuries (such as those sustained in an accident), can seriously impact a person’s life and livelihood, and can be the foundation for litigation in order to seek needed compensation for medical care. But not all brain injuries can be described as a traumatic brain injury. To that end, even mild brain trauma can lend itself to success in a brain injury lawsuit.

As reported by The Day (7/22/13), a publication distributed by McClatchy-Tribune Business News, a collision involving an employee of the Town of Waterford, Connecticut, resulted in a $2.5 million settlement to the victim of the crash.

According to the brain injury lawsuit, an employee driving a municipal van on November 16, 2010, ran a red light and came into collision with a vehicle driven by the plaintiff, Donna Antczak. It was reported that Antczak sustained injuries to her pelvic area and back, including spinal fractures. The plaintiff also suffered several skull fractures, and in concert with those injuries, mild traumatic brain injury.

According to the brain trauma report, Antczak spent a total of 25 days in the hospital recovering from her immediate injuries. However, the overall trauma from the accident - including her various injuries - resulted in job loss. The plaintiff resigned from her position with Lawrence Memorial Credit Union, and even though the accident occurred three years ago, it could be another three to four years yet before Antczak will be in a position to work again, according to the report.

A brain injury lawsuit was launched in New London Superior Court. Following depositions, the case was settled following mediation sessions with Superior Court Judge Antonio Robaina. According to the plaintiff’s brain injury attorney, it was abundantly clear that defendant Fred Lathrop drove through the red light and that plaintiff Antczak did nothing wrong.

The insurance company for the Town of Waterford, Connecticut, Interlocal Risk Management Agency, agreed to a pay a settlement worth $2.5 million.

Lathrop and the municipality were co-defendants in the brain injury lawsuit. Lathrop worked for the Waterford Utilities Commission. Antczak’s medical bills, according to her brain injury lawyer, ranged between $450,000 and $500,000.

Brain injury cases are on the rise, particularly with renewed focus on concussions in professional and minor sports. The former has been the subject of much litigation, with various members of the professional football and hockey communities succumbing to brain trauma over an extended period of time. Many former athletes have tragically taken their own lives, and subsequent autopsy and analysis of brain tissue have revealed chronic traumatic encephalopathy (CTE), a degeneration of brain tissue that happens over time and is thought to stem from multiple concussions.

A massive brain injury lawsuit against the National Football League (NFL) alleges the NFL knew or should have known about the risk of brain trauma from multiple concussions, but failed to warn the players and their families.