Workplace Accident Settlement

The parents of a 6-year-old boy accepted a $4,250,000 settlement for their boy’s injuries, which were caused by the boy’s premature delivery. The premature delivery was immediately caused by an accident involving his mother at the warehouse where she worked. After a fellow employee (who was driving a fork lift too fast) spilled his load on the pregnant woman, she immediately went into labor. Although the doctors saved the child, he eventually suffered from near blindness, had difficulty walking and had learning problems.

The woman hired an attorney that was having no success fighting the employer, who was treating the accident as a workers compensation case. The attorney then asked Eisenberg Gilchrist & Cutt to take a closer look into the matter. EG&C’s attorneys immediately challenged the employer’s position as it related to the child. They were able to find law from Utah and other states to support an independent case for the young boy.

The firm then faced the challenge of proving that the child’s problems, which increased as he aged, were all related to his premature birth. The firm was able to work with local doctors and national specialists on child medical issues to show that all the complications were as a result of the premature birth, and that the child should be compensated for all his injuries.

The firm’s final challenge was to counsel the family on the best way to invest the money to protect the boy and to provide him with the opportunity to live a full life. Jeffrey Eisenberg was lead counsel on the case.

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