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Litigation Funding Blog

Misdiagnosis Causes Severe Brain Damage

April 4, 2010

This case involves a New Jersey man who suffered brain damage due to a medical misdiagnosis and was awarded $25 million by a jury. Cases like this are hard fought and, in the right situations, excellent candidates for legal finance services.

John Stanford was only 40-years old in 2001, when he went to the hospital emergency room five days in a row to find out what was wrong with him. He had bad headaches, right leg paralysis and kept falling down. His family kept asking for help, but John kept being discharged and sent home. On his first visit to the ER, a CT scan of his brain showed a cyst doctors overlooked. That misdiagnosis and lack of appropriate treatment led to an aneurysm that left Stanford with irreversible brain damage. These types of serious breaches of medical standards of care will often result in medical malpractice lawsuits. Don’t be fooled by those who say that lawyers file “frivolous lawsuits” against doctors. These are serious cases, with serious breaches of professional conduct and serious, life-changing, often deadly consequences for victims and their family members.

This case did not come to trial until seven years after the incident. After the successful trial, there were several post-trial motions and, probably, an appeal. During the seven years the Stanford family waited, patiently for a trial, they probably experienced some serious financial issues. I am certain that his life-changing, disabling condition has an an impact on the family’s ability to pay its regular bills and expenses as well as the extraordinary bills and expenses for his long-term care and support. I am not aware that the case has resolved; these financial issues might still be a concern, 9 years after this unfortunate incident.

The Stanfords and people in similar situations (disabled family member with pending litigation over the cause of the injury or disability) can benefit from a service commonly known as lawsuit funding or pre-settlement funding. This is a service that provides financial assistance to accident victims who have pending litigation against the person or entity that caused their injuries or disability. The money can be used to handle the family’s regular bills as well as the extraordinary bills that they face now, and in the future, as the result of the accident.

In this case, John requires 24/7/365 care, medications, therapy and ongoing nursing assistance. He is no longer able to work, has no income and is unable to support himself and his family. The lawsuit did not result in a verdict for seven years and it is not clear whether or not the verdict has been collected yet. A lawsuit cash advance, with only the pending litigation as collateral, would help pay medical and nursing expenses and the family’s regular bills, until justice is done and compensation is received. And, the family would not have to repay the money until the case is resolved in their favor and their attorney receives their lawsuit proceeds. And, if they lose their case, they do not have to pay the money back. This is known as non-recourse lawsuit funding; accident victims only repay if they win their case and collect case proceeds. It is financial peace of mind while a family waits for justice.

Litigation funding transactions can be completed, with a check or wire in your hands, within 24-48 hours after receipt of information from your attorney. It is often a godsend in cases like this where the family has no other avenues of financial assistance open to them. The call and/or visit to the website is free; the advice and funding can be a lifesaver.

Litigation Funding