Medical Malpractice and the Cheerleader

Due to the high cost of a young girl's ongoing medical needs, a medical malpractice settlement of $5.5 million is in order for a Redondo Beach, CA, family as reported by the Contra Costa Times. 

It is one of the largest in Los Angeles county history for medical malpractice.

Rich Mason, an attorney for the county stated, "This is obviously a very terrible situation.  We are pleased to have come to a mutual agreement and put this matter behind us."

Elizabeth Nicks, 15, suffered permanent brain damage after a cheerleading accident - where she had fallen off a pyramid-style formation and struck her head on the ground in Aviation Park - three years ago on August 30, 2007. 

After the accident she was immediately taken to County Harbor-UCLA Medical Center near Torrance where she was diagnosed with a small subdural hematoma - bleeding of the brain - and released after five days of observation. 

"Over the course of her stay from Aug. 30 to Sept. 4, she developed signs that indicated her subdural hematoma had increased in size throughout her hospitalization. Harbor-UCLA chose not to perform a CT scan upon discharge. If they had, they would have seen that the hematoma had grown in size and would have operated," said the attorney for the family, William Karns.

The lawsuit contends that though released on the evening of September 4, Nicks was unresponsive by the next morning.  She was taken back to Harbor-UCLA and then diagnosed with permanent suffering from "massive brain damage, retardation and paralysis."

This second stay in the hospital was approximately five weeks long. Nicks now lives at home with her parents and requires constant nursing care.

The case, referred directly to the Los Angeles County Board of Supervisors, was approved in a closed session in February.  In the agreement with the family the county will admit no liability or fault in the care of Nicks.

$2.45 million will be received in one bulk payment by the family, and then monthly payments totaling $3.05 million from annuity funds for the next 40 years to pay for all of Elizabeth's future medical treatment.

Gary and Laddie Nicks will receive $250,000 in noneconomic damages as that is the most allowable under California law for medical malpractice claims.

In a separate lawsuit against the organizers of the cheerleading team, Redondo Beach Youth Football & Cheer, David Azizi, the family's attorney said, "The coach did not properly supervise Nicks and three other girls, who were practicing a stunt called a 'half-extension.' The stunt involves three girls standing on the ground, holding a cheerleader in the air by her feet. Nicks, who was the 'flier' being held in the air, fell , and the spotter was in the wrong position to prevent the injury."

That lawsuit was settled for an undisclosed sum in July. Gary and Laddie Nicks, and the cheerleading organization, did not comment.

If you, or a loved one, have suffered from medical malpractice, contact a Medical Malpractice Lawyer in our directory for help.