Traumatic Brain Damage

Published on: January 17, 2025

Jury decides liability for mall owners after serious brain injury. Hedges v. Planned Sec. Serv., 140 N.Y.S.3d 487 (N.Y. App. Div. 2021)

by Stephen Bilkis

The case of Marion Hedges highlights the responsibility of property owners and managers to address known risks in public spaces. Effective safety management requires proactive measures to prevent foreseeable harm, especially when prior incidents signal potential dangers. This case demonstrates the serious consequences of neglecting these duties, where inadequate precautions contributed to a tragic and preventable outcome. It serves as a reminder of the critical need for vigilant risk assessment and implementation of safety protocols to protect individuals in shared environments.

Background Facts

Marion Hedges, while at a shopping mall owned by Tiago Holdings, LLC, sustained catastrophic injuries when struck by the shopping cart. Prior incidents of similar dangerous behavior had been reported, including objects thrown from upper levels of the mall. Despite these warnings, the mall owners and their contracted security provider, Planned Security Service, Inc. (PSS), failed to implement preventive measures such as higher railings or increased security patrols.

Published on: June 30, 2024

Level of care of patient with history of brain injury and stroke questioned. Tica v. Metz, 2024 N.Y. Slip Op. 31497 (N.Y. Sup. Ct. 2024)

by Stephen Bilkis

In Tica v. Metz, 2024 N.Y. Slip Op. 31497 (N.Y. Sup. Ct. 2024), a case involving allegations of medical malpractice, lack of informed consent, and negligent hiring, plaintiffs claim that the mistakes of doctors at New York Presbyterian Brooklyn Methodist Hospital led to a wrongful death.

Background Facts

Marie Trebilcock, a 68-year-old woman, had a complex medical history including a prior stroke, stenosis of her right internal carotid artery, coronary artery disease, and a traumatic brain injury from a car accident in 1999. On October 30, 2016, she attended a family wedding in Brooklyn. While dancing, she began to feel dizzy and weak. An ambulance was called, and she arrived at New York Presbyterian’s emergency department at 10:02 pm. Her initial vitals were mostly normal except for elevated blood pressure. She complained of severe headache and dizziness.

Published on: June 19, 2024

Court determined that traumatic brain injury contributed to fatal accident. Baselice v. Long Island R.R., 79 Misc. 3d 1070 (N.Y. Sup. Ct. 2023)

by Stephen Bilkis

Baselice v. Long Island R.R., 79 Misc. 3d 1070 (N.Y. Sup. Ct. 2023) is a tragic case involving a Long Island Railroad train derailment that led to a wrongful death claim. The plaintiff, George Baselice, initially filed a lawsuit in 2017 following the accident that occurred on October 8, 2016. The derailment resulted in serious injuries to his wife, Carmela Baselice, which allegedly contributed to her subsequent fatal car accident in 2020.

Background Facts

The incident began on October 8, 2016, when a Long Island Railroad train derailed between the New Hyde Park and Merillon Avenue stations in Nassau County, New York. George Baselice and his wife, Carmela Baselice, were passengers on the train when it was sideswiped by a Long Island Railroad work train. The collision caused Carmela to suffer significant personal injuries, including a traumatic brain injury. Her symptoms included post-traumatic stress disorder, major depressive disorder, dizziness, vertigo, blackouts, seeing stars, and headaches.

Published on: September 20, 2012

U.S. Representative Giffords’ Office Closing Gap in TBI Care

by Stephen Bilkis

Staff members in the employ of Rep. Gabrielle Giffords (D-Ariz.) have become key advocates in the campaign to ensure health-care guarantees for Americans who suffer traumatic brain injuries (TBI). They are advocating that other citizens should be entitled to the same high quality care that the congresswoman is receiving in her recovery from a January shooting.

Last month, Giffords’ chief of staff released a letter urging Health and Human Services to prioritize defining the minimum package of “essential benefits” in the new health-care law that will be required of insurance plans for individuals and small businesses. This new law is expected to be operational by 2014.

Giffords’ Staff members are also planning to join encourage the Defense Secretary to expand the range of “cognitive rehabilitative therapies” that Tricare, the military’s insurance program for active-duty and retired service members, covers in cases of brain injury.