Hit and run. Pedestrian flies 15 feet in the air
Personal details (age, family, etc.):
- Young male, 17 years old, residing with his older sister. Parents were deceased.
Accident details (how, where, when, diagram):
- The client was struck by a car when crossing the street at Dundas and Winston Churchill in Mississauga. He was walking North on Winston Churchill when he was struck by ha vehicle turning right. Hit and run. He was projected 15 feet into the air and struck a curb with his head.
Initial accident injuries (hospitalization, damages):
- Client sustained a severe traumatic brain injury GCS: 5. He was airlifted to Sunnybrook. He received a decompression surgery where a bone flap was removed to reduce swelling in his brain. Severe bleeding in the brain has resulted in almost complete paralysis.
- He was not expected to survive.
- The bone flap was eventually reinserted 3 months later.
- The client was in a coma for 3 weeks. The injuries created a bleeding in the area of the brain responsible for motor function.
Sequelae, Injuries and conditions list:
- Almost complete paralysis of the body. Significantly impaired neurocognitive function, including partial blindness, inability the process more complicated information, severely impaired speech where the client communicated by eye blinks.
- Immediately deemed as CAT.
- The family took on the role of caregivers. Due to fear of the high cost of therapy services were kept at a minimum: PT once per week, OT once per month, SLP once every two weeks, CM as needed.
- RSW services were refused by the family,
- Cared for by sister and her immediate family. Required assistance with all aspects of his life
- Very minimal progress was observed with regards to the motor and cognitive function. PT focused mainly on maintaining physical status and preventing further deterioration.
- Insurance approved all treatment up to settlement
Settlement or Judgment:
- Despite good advice from the rehabilitation team the family refused to increase participation in therapy as they were worried about the high cost of treatment.
- The settlement at 48 months at only 800 k – due to lack of evidence for the future cost of care.