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Defending the Pediatric Traumatic Brain Injury Case

By Eric L. Probst

Each year, millions of Americans, including some children, suffer non-penetrating, or closed, head injuries. When lawsuits result, they involve complex medical, academic, and legal issues. When the plaintiff is a child, the defense attorney faces numerous additional challenges in defending the matter. Certain discovery tools are necessary to simplify and defend the pediatric traumatic brain injury (TBI) lawsuit. These tools, although also used in traditional personal injury cases, take on added significance because of the age of the plaintiff and the nature of the injury.

The first step is to define the plaintiff. The term “pediatric” encompasses birth through adolescence. Age, however, cannot be the exclusive defining factor because the child's status as a student also plays a role. Thus, the discovery tools explained below apply to the injured college student as well. More important, counsel must be aware of factors — race, socioeconomic background, family relationships, education, state of residence, and health — besides the child's age that influence the child's development. The pediatric plaintiff must be treated by counsel as a complex individual whose development is shaped by these factors.

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