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Spangenberg Shibley & Liber, LLP | Jan 15, 2015

A Sample of Cases We are Working On

Categories: Brain Injury

Gunman Breaks into Student’s Home, Police Shoot Wrong Man

The young college student, hiding in his bedroom and wearing only boxers, phoned 9-1-1, whispering that someone had broken into his home. When the intruder kicked in the door to our client’s bedroom, our client set the phone on the ground and, following a scuffle, knocked the gun away from the intruder, grabbed it, and ran out of his home, still wearing only his boxers. A police officer who was standing outside immediately shot and killed our client. The intruder then ran outside and the cop chased him. The police then found that the gun was not loaded.

Young Mother Dies Following Visit to the ER

Our client, a 33-year-old mother of three, awoke at night with excruciating head pain. She, along with her husband, went to the ER of a major hospital. The pain became so severe that she had difficulty speaking to ER staff and vomited. She and her husband informed the ER staff that she suffered from lupus, an auto-immune disorder, and that she had a prior episode of “brain swelling.” The ER staff never performed a CT scan, MRI, or other brain imaging, or even looked at her prior medical records. Instead, she was sent home after being given a combination of pain and anti-nausea medication. By the next morning, she was listless. Less than 24 hours after her discharge, she was rushed to the same ER where she died from untreated brain swelling.

Doctor’s Failure to Respond to Fetal Distress Results in Severe Disabilities

Our client’s mother was admitted to the hospital to be induced for the birth of her first child. Pitocin was progressively increased, despite excessive contractions. The doctor was notified that the baby’s heart rate showed that he was not receiving adequate oxygen. More than fifteen hours after labor began, the baby was finally delivered by vacuum extractor, blue and not crying. He was resuscitated and placed in the NICU, where he was diagnosed with brain damage caused by inadequate oxygen before delivery. Now a young boy, our client is severely disabled. He suffers frequent seizures, is legally blind, has difficulty sitting unsupported, requires tube feeding and will be totally dependent on others for his care for the rest of his life.

Student Crossing the Street Struck By a Car and Seriously Injured: Insurer Denies Coverage; Insurance Agent Fails to Obtain Appropriate Coverage

Our client, a college student with plans to become a gourmet chef, was struck and seriously injured while crossing an on-campus street. Because the driver’s insurance would not cover even a small fraction of our client’s medical bills and long-term care expenses, the client’s parents put in a claim to their auto insurer. The insurer for one of the policies denied coverage, claiming that the student was not a member of the parents’ household. With respect to an umbrella policy of insurance that did cover the student, the family was told it did not contain underinsured coverage, despite assurances that such coverage did exist.