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A six year-old girl suffered severe head trauma while playing on a playground at her school, the Dennis Earl Elementary School, in California. The young girl and her grandparents, Tony and Kimberly Pascoal, allege that on October 20, 2010, a bunch of third grade boys were playing a game of tag. While they were running around playing the game, one of the boys slammed into the injured girl. Plaintiffs claim that the boys were unsupervised or, in the alternative, inadequately supervised.
When the young girl was bumped into, she fell to the ground and slammed her head on the concrete. There was no available school nurse or medical person available at the time of the girl’s injury. Her medical condition was assessed by an office secretary, and then she was sent back to class. The girl is said to have complained repeatedly about a horrific headache after the incident.
The school’s health technician eventually saw her. The technician had her lay down, and put ice on her head for about two hours. During this time, the girl became unconscious and unresponsive, and had a seizure. Finally, an ambulance was called, and the girl was airlifted to the UCSF Medical Center in San Francisco. She was treated at the hospital for head and brain injuries.
UCSF doctors determined that the girl had suffered a skull fracture and brain injuries involving a hematoma and hemorrhaging. She had to spend five days in the hospital, was given a blood transfusion, and was treated with anti-seizure medication. She now suffers from permanent seizures and cognitive defects that have affected her short-term memory and attention span.
The lawsuit filed in court by attorney Eric M. Abramson alleges that the school district’s staff failed to adequately supervise the children on the playground, and failed to control the conduct of the students. No adults witnessed the boys playing tag, slamming into the girl, or her hitting her head on the cement. Four adults were on duty at the time, and were in charge of watching about seven hundred children. The lawsuit alleges that the school district is guilty of negligent supervision and allowing an unreasonably dangerous condition to exist on public property.
During mediation, the case was settled for about $6 million. The girl will receive $15,000 per month, for forty years, and additional payments at certain times in her life, such as when she turns 25, 30, 35 and 40 years of age. The guaranteed benefits are $7,427,400, and lifetime benefits total $14,089,620.
If you or a loved one have been tragically injured due to the negligence of another person, you may be entitled to compensation for your injuries stemming from the incident. Please call our law office at 617-787-3700, 24/7, to discuss your potential claim in a confidential, no obligation consultation.