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Settlement reached in lawsuit over baby's brain injury in 2009

Readers in New Haven may or may not be aware that if oxygen to the brain gets cut off, for any reason, it can result in serious brain damage. People who suffer brain injuries such as this may experience short or long-term effects including impairments of psychological, physical and cognitive skills, in addition to affecting other functions. In some cases, extensive medical treatment and rehabilitation, as well as long-term care may be required after someone has suffered such an injury.

According to reports, a two-week-old infant sustained a brain injury in 2009 while riding in an improperly installed car seat. The baby reportedly suffered positional asphyxiation as a result of her head flopping forward while in transit. The infant was being taken for a visit with her biological mother, about a nine-minute trip, at the time. A Division of Youth and Family Services worker reportedly installed the car seat in the vehicle, but it was not reported who was driving the child. Rather than being positioned at a proper angle for safety, the seat was installed upright.

While the girl has progressed and made significant developments, a report from April 2013 indicated that she would, in all likelihood, suffer permanent disability as a result of her brain injury. The state of New Jersey, where the incident occurred, has long maintained it was not responsible for the infant’s injury, but the Department of Children and Families recently agreed to a settlement with her adoptive parents. The state will reportedly pay $4.25 million.

Anyone who has suffered a brain injury as a result of someone else’s negligence has a right to seek restitution. It can be helpful to discuss your situation with an attorney in order to understand your rights and learn about your options for pursuing compensation.

Source: The Star-Ledger, “Attorney: State agrees to $4.25M settlement for baby’s brain injuries in car-seat mishap,” Ben Horowitz, May 23, 2014

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