Case details

Man struck by reversing SUV suffered brain damage: suit

SUMMARY

$9000001

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
blunt force trauma to the head, brain, brain damage, brain injury, head, neurological, neurological impairment, subdural hematoma, traumatic brain injury
FACTS
On Dec. 21, 2019, plaintiff Loc Khuu, 72, a retiree, was Christmas shopping with his wife, plaintiff Ann Truong, on Irving Street, in the Sunset District of San Francisco. As Truong stopped on the sidewalk to receive a telephone call, Khuu stopped next to her. However, a sport utility vehicle operated by George Chang backed up onto the sidewalk and struck Khuu, knocking him to the pavement. As Khuu fell, his head struck the corner of a building, resulting in to his head. Khuu sued Chang, alleging that Chang was negligent in the operation of his vehicle. Chang claimed that he was attempting to parallel park in a space in front of Khuu when he accidentally struck Khuu. Thus, Chang accepted liability., Khuu suffered blunt force trauma to his head, resulting in major blood loss from his head wound after he fell to the pavement. He was unable to talk, had a Glasgow Coma Scale of 6 and was immediately transported to the Emergency Department at Zuckerberg San Francisco General Hospital and Trauma Center, in San Francisco, where his Glasgow Coma Scale was found to be 5. A CAT scan showed acute, multi-compartmental intracranial hemorrhages, including subdural hematomas measuring up to 10 millimeters. An emergency right hemicraniectomy was performed, during which a large portion of his skull was removed. Khuu remained at the hospital for more than a month, before being transferred to a skilled nursing facility in Walnut Creek for acute rehabilitation. Once there, he began to deteriorate and became bed-bound. In August 2020, Khuu brought to the emergency room at John Muir Health, Walnut Creek Medical Center, in Walnut Creek, for a dislodged feeding tube. At that time, it was discovered that he had ongoing and increasing damage to his brain. As a result, Khuu underwent a progressive decline in his neurologic status. He eventually underwent a re-implantation of a bone flap, but the surgery was followed by a right-sided complex motor seizure. Khuu lapsed into a minimally conscious state, in which he can, nonetheless, feel pain. He is unlikely to ever recover from his severe brain injury. Khuu’s medical bills exceeded $2.5 million, but the Howell number was approximately $370,000. Plaintiff’s counsel contended that Khuu will require a lifetime of attendant care and significant medical care due to the residual complications caused by Khuu’s traumatic brain injury and due to being a person confined to a bed. Khuu sought recovery of past and future medical costs, and damages for his past and future pain and suffering. His wife, Truong, presented a derivative claim seeking recovery for her loss of consortium.
COURT
Superior Court of San Francisco County, San Francisco, CA

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