A $5.5m (£3.5m) settlement for the medical negligence claim brought by the family of a Redondo Beach girl who suffered permanent brain damage after a cheerleading accident three years ago is expected to be approved this week.
The size of the expected payment is largely attributable to the high cost of the girl’s ongoing medical needs.
Elizabeth Nicks, now 15, fell to the ground during a pyramid-style stunt at Aviation Park in August 2007. She was taken to County Harbor-UCLA Medical Center near Torrance, where she was diagnosed with a relatively small subdural hematoma (bleeding of the brain).
She was released after five days under observation, but during her time in hospital she developed signs that the hematoma had grown in size. For some reason the hospital decided against a CT scan when she was discharged.
According to the lawsuit, the morning after she was released from hospital, Ms Nicks had become unresponsive and had to be taken back to Harbor-UCLA. Medics decided that she had now suffered ‘massive brain damage, retardation and paralysis’ and she was kept in hospital for a further five weeks.
Ms Nicks’ case was referred to the Los Angeles County Board of Supervisors, who approved the terms of the settlement in private back in February. The agreement, which is now due to be settled, sees the hospital admitting no liability or fault in the girl’s care.
Elizabeth continues to live at home with her parents and needs constant care. To help with this, her family will receive a lump sum payment of $2.45m (£1,577,822) plus monthly payments to total $3.05m (£1,964,541) from annuity funds for the next 40 years.
Her parents have also been awarded $250,000 (£161,039) in non-economic damages, the maximum allowable under California law for this type of case.
The family have also settled a lawsuit against the organizers of the cheerleading team, Redondo Beach Youth Football & Cheer, for an undisclosed sum. Lawyers allege that the cheerleading coach failed to properly supervise Nicks and three other girls, who were practicing a stunt called a ‘half-extension.’ The move involves three girls standing on the ground, holding another girl in the air by her feet.
Nicks, who was being held in the air, fell – and the spotter was in the wrong position to prevent the injury.
