Case details
Kindergarten student sustained TBI after fall from swing: lawsuit
SUMMARY
$3750000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, brain damage, brain injury, cognition, fracture, head, headaches, mental, psychological, skull, traumatic brain injury
FACTS
On April 25, 2014, plaintiff Madeleine Massey, 6, a kindergarten student, was swinging on a swing set at Hugo Reid Elementary School, in Arcadia, when an S-hook connecting the swing’s chain to the base of the swing set opened up. Madeleine fell subsequently off the swing and sustained to her head. Madeleine’s father, Ben Massey, acting as his daughter’s guardian ad litem, sued the school’s operator, Arcadia Unified School District. Massey claimed that the school district was liable for the dangerous condition that caused his daughter’s fall. Madeleine’s counsel contended that, prior to the subject accident, the S-hook had a gap that was larger than the industry standard. Counsel argued that the gap was a sign that the hook was becoming detached and that, per law, the hooks are supposed to be checked once a month. Counsel argued that if the school district had checked the hook regularly, it would have realized that the gap was too wide and fixed the issue before it caused any injury. Defense counsel originally maintained that the school district properly checked the S-hooks each month and that the swing was properly maintained. Counsel also originally noted that there had been no prior incidents involving this swing, and asserted that Madeleine’s injury was just the result of a freak accident. However, the school district ultimately conceded liability., Madeleine sustained blunt force trauma to her head, resulting in right temporal and sphenoid fractures in her skull. She briefly lost consciousness, was placed in an ambulance and transported to Methodist Hospital, in Arcadia. She was then transferred to Children’s Hospital Los Angeles, where she was treated and released the same day. However, the next day, she began to experience headaches and vomiting. So, her parents took her back to the hospital, where she was again treated and released. Madeleine claimed she experienced temporary dizziness and mild memory loss following the fall. She also missed five weeks of school. During that time, she was monitored by doctors. Once Madeleine entered first and second grade, she began to struggle in school, compared to her twin sibling. She particularly had trouble with reading comprehension and memorizing mathematics tables. As a result, she currently requires a tutor. Her counsel asserted that Madeleine’s educational problems were the result of a traumatic brain injury and that she should be placed on an individual education plan. Madeleine claimed that she still suffers from fatigue, headaches, and difficulties in school. Her counsel claimed that if Madeleine continues struggling in school, she may not be able to graduate high school, attend college, or get a good job. Counsel also claimed that Madeleine’s problems in school affected here self-confidence. Madeleine’s counsel presented a $262,000 life care plan, which included continued monitoring and possibly some occupational therapy. It also included a recommendation for counseling to help Madeleine deal with her confidence issues. Madeleine sought recovery of $262,000 in damages, plus past medical expenses and damages for her past and future pain and suffering. Defense counsel asserted that Madeleine’s skull fractures healed and that Madeleine had recovered well from her mild traumatic brain injury. The defense’s experts maintained that Madeleine did not require any future treatment and that Madeleine’s struggles in school, in comparison to her twin, had nothing to do with her head injury.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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