Al Del Risco and David Sampedro of Panter, Panter & Sampedro secure a $4.8M settlement in a minor accident that resulted in a catastrophic brain injury.
Ms. Mary Mendoza¹ was a backseat passenger on her way to lunch with her friends when a negligent driver pulled out of a driveway and crashed into the car she was traveling in. The crash caused minor damage to Ms. Mendoza’s vehicle, but the impact was enough for her to hit her head on the rear side window despite wearing her seatbelt. What should have been a simple fender bender turned out to be a life-altering event for all involved.
Unbeknownst to everyone, Ms. Mendoza had an arteriovenous malformation at the base of her brain — a condition she likely had her entire life and never even knew about. The impact was just enough to rupture an artery, causing a bleed in her cranial vault that created immense pressure on her brain.
The doctors at Baptist Hospital performed multiple lifesaving surgeries to repair the bleed and relieve the life-threatening pressure. The surgeries included a hemicraniectomy that removed almost 50% of her skull. The portion of her skull that was removed was frozen for preservation and reinserted months later after the brain swelling had subsided. The surgeon explained to Ms. Mendoza’s family that the surgery was “in order to save her life” and “not a procedure to improve her life.”
The negligent driver was in the course and scope of his employment. Initially, the employer had limited insurance coverage, but because of Al Del Risco’s tenacity, further investigation uncovered that the employer had additional policies providing sufficient coverage to protect against such a serious injury.
For several months, Al and David worked on this case almost exclusively in an effort to show how Ms. Mendoza’s entire family was affected by this catastrophic injury and how far the ripple effects reached. Tens of thousands of pages of medical records were reviewed and summarized to quantify the injury for the defendant and its insurance carrier. Preparation for mediation began months in advance and included 3D imaging, video production, and multiple medical provider interviews.
No amount of money will ever make Ms. Mendoza the same person again, nor relieve the physical and emotional pain suffered by her and her family. But this settlement will go a long way toward helping her live a more normal life despite her injury.
At Panter, Panter & Sampedro, we don’t allow insurance companies to dictate the outcomes. We push until all avenues have been explored and no stone is left unturned.
¹ Due to confidentiality requirements of the settlement, the client’s name has been changed.
