THURSDAY, MARCH 2, 2017, 2:54 PM
$20 Million Personal Injury Settlement: Synopsis of the Physical, Psychological and Psychiatric Injuries Suffered
As a result of his workplace injury claimant Paulo Suarez alleged that he suffered multiple facial fractures; respiratory failure; a coma; a severe traumatic brain injury with subarachnoid hemorrhage and a diffuse axonal injury; all of which resulted in residual, permanent cognitive, memory, and behavioral (psychological and psychiatric) impairments, including but not limited to an adjustment disorder and bi-polar mood disorder, with manic and psychotic features secondary to traumatic brain injury and exacerbated by the side effects of necessary mood stabilizing medications, left-sided weakness and generalized slowing.
Claimant-plaintiff Paulo Suarez asserted at his damage trial that as a
result of the workplace accident on July 13, 2011, he suffered a
several traumatic brain injury as well as other permanent physical,
psychological, social, and occupational impairments including upper extremity
tremors, impaired speech quality, and impaired memory and cognition.
Claimant-plaintiff further asserted that he still requires and will continue to
require medical and nursing care, rehabilitation therapy and psychiatric and
psychological therapy. Further, as a
result of his injuries claimant-plaintiff has become permanently disabled and
unable to work, and has sustained a substantially diminished quality of life
and will need constant supervision and assistance from a therapeutic aide
and/or his family, and will require appropriate care and treatment throughout
his life expectancy of some 50+ more years (approximately age 74).
Claimant-plaintiff sought compensation for past and future pain and suffering;
impairment of earning capacity; and past and future medical expenses.Claimant was hospitalized at the Westchester Medical Center from July 13,
2011 through August 8, 2011. He was
discharged to Helen Hayes Hospital from August 8, 2011 through December 30,
2011. From January 2012 through August
2012 he received out-patient therapy at Burke Rehabilitation Center. From February 2013 to the present date Paulo has
received and continues to receive transitional rehabilitation therapy at Helen
Hayes in the day program, Monday through Thursday from 9:00 a.m. to 3:00 p.m. There
have been two separate occasions when Paulo was hospitalized for
depression. He was first hospitalized
for depression on 3/7/16 at Montefiore Mt. Vernon Hospital, and was discharged
on 3/11/16. He was more recently hospitalized
from October 13, 2016 through November 2, 2016 at the Westchester Medical
Center Psychiatric Department.
As a result of his workplace injury
claimant alleged at his damage trial he suffered respiratory
failure; a coma; a severe traumatic brain injury with subarachnoid hemorrhage and a diffuse
axonal injury; all of which resulted
in residual, permanent cognitive, memory, and behavioral (psychological and
psychiatric) impairments, including but not limited to an adjustment disorder
and bi-polar mood disorder, with manic
and psychotic features secondary to traumatic brain injury and exacerbated by
the side effects of necessary mood stabilizing medications, left-sided weakness
and generalized slowing; ventilator
associated pneumonia; dysphagia;
multi-facial trauma including a comminuted
right mastoid fracture; a right
mandible fracture with right parasymphyseal fracture requiring jaw wiring; a resultant right facial droop and facial deformity;
an avulsion fracture which nearly took
off his ear; a temporal bone
fracture; Achilles lengthening
procedure; spastic right hemiparesis;
spasticity of the right upper and lower
extremities; a permanent, resultant
right hemiparetic gait; botox injections for spasticity; persistent and often incapacitating tremors of the upper and lower extremities,
and a urinary tract infection.
Claimant argued that the record supports
the conclusion that Paulo does not
verbalize physical pain often even when the he appears to be in obvious pain to
the treatment staff. On the other hand, the caregivers always tried to stay
ahead of the pain, and he was consistently on morphine (and acetaminophen)
throughout his stay at Westchester Medical Center. And when he was admitted to
Helen Hayes Hospital on 8/08/11 after being discharged from Westchester Medical
Center, the morphine was discontinued and Tylenol was instituted for mild to
moderate pain and oxycontin was substituted for morphine via Helen Hayes protocol for
severe pain. Paulo
remained on oxycontin after he was discharged home after leaving Helen Hayes.
Indeed when Paulo saw Dr. Seliger in his first clinic visit after he had
started Burke in January 2012, he was
still on oxycontin and was trying to taper off at home.
Paulo’s
current treatment includes regular visits with his neurologist, psychiatrist,
therapist and attending a traumatic brain injury day program at Helen Hayes
Hospital. Paulo has a personal care aide
and needs transportation to and from all of his program and appointments.
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