Overview

Oatley Vigmond represented a grade school student who sustained a severe traumatic brain injury, along with a basal skull fracture, a left epidural hematoma, and right-sided nerve palsies. After several years of litigation, the case was successfully resolved through mediation, with a structured settlement that guarantees the client a minimum payout of $16,173,724 through tax-free monthly payments.

Key Takeaways

  • Settlement amount: Minimum guaranteed payout of $16,173,724
  • Accident type: Not provided
  • Primary injury: Severe traumatic brain injury
  • Additional injuries: Basal skull fracture, left epidural hematoma, and right-sided nerve palsies
  • Resolution method: Settlement at mediation
  • Legal process: Several years of litigation
  • Compensation structure: Structured settlement with guaranteed, tax-free monthly payments
  • Long-term impact: Ongoing impairments requiring long-term financial support

The Case

Our client was a grade school student who suffered a severe traumatic brain injury. Their injuries also included a basal skull fracture, a left epidural hematoma, and right-sided nerve palsies. Although the client made a good recovery, they continued to experience ongoing impairments that needed to be considered when resolving the claim.

The matter proceeded through several years of litigation before being successfully resolved at mediation. Given the client’s young age and future needs, a significant portion of the compensation was placed into a structured settlement rather than being paid as a lump sum.

The structured settlement guarantees the client tax-free monthly payments and provides a minimum guaranteed payout of $16,173,724, helping ensure that financial support will continue over the long term.

Why It Matters

Serious traumatic brain injuries sustained during childhood can have lasting effects, even when a child makes a significant recovery. This case demonstrates the importance of considering both current impairments and future needs when resolving a claim.

The structured settlement was designed to provide long-term financial security through guaranteed, tax-free monthly payments, ensuring ongoing support for the client’s future.