Settlement After Mild Traumatic Brain Injury in Products Liability RV Case

The manufacturer had only secured two of the four necessary screws in the top mounting bracket, and those two screws had missed the aluminum stud behind the bracket during assembly. This catastrophic failure resulted in severe injuries, including fractures to her left orbital and cheekbone, as well as her left wrist and a mild to moderate traumatic brain injury (TBI), which led to daily headaches, dizziness, irritability, mood swings, and memory problems…dordicklaw,Massive Justice for Mild Traumatic Brain Injury in Products Liability RV Case

Investigations revealed that the assist bar had not been altered after purchase, directly contradicting the defendant’s counter-allegation that a third party had modified the grab bar between installation and the injury incident. A metallurgist confirmed that only one set of screws had ever been installed, proving the manufacturer’s negligence in assembling the RV.

Tragically, her situation worsened when a CT scan revealed fluid buildup in her maxillary sinus cavities—one side was filled, and the other partially affected. The defense argued that the buildup was due to a preexisting rare condition called silent sinus syndrome rather than traumatic blood in the maxillary cavity.

To address the fluid buildup, an ear, nose, and throat (ENT) specialist recommended surgery. Unfortunately, the surgeon operated on the wrong sinus cavity, severing our client’s medial rectus muscle behind her eye. This tragic medical error caused her eye to turn grey, become sunken, and turn upwards, leading to partial right-eye blindness. The defense disputed the causal link between the failed surgery and the accident, arguing that it was an unrelated medical complication rather than a direct consequence of the traumatic injury.

One of the biggest hurdles in the case was proving that the eye injury directly resulted from the accident. After consulting multiple ENTs, it was confirmed that the trauma caused blood to accumulate in the right sinus cavity. A radiologist further supported the theory and was the first to detect trauma in the right orbital/maxillary area.

A settlement was reached between the parties.