TBI Case Highlight: Hospital Malpractice Leads to Brain Damage
- Holly Wild
- Aug 14
- 2 min read
TBI Case Highlight: Redish v. Adler — When Brain Injury Documentation Makes the Verdict
In the New York case of Redish v. Adler, the plaintiff suffered severe brain damage—specifically anoxic encephalopathy, a lack of oxygen to the brain—while hospitalized for asthma complications.
What made this outcome compelling for the jury was the meticulous medical and expert testimony that laid out the injury’s severity.
Brain Damage Expert Testimony: Why It Mattered
In Redish v. Adler, the jury found the plaintiff suffered permanent brain injury due to medical mismanagement—a verdict built on powerful expert testimony.
Dr. Kevin Sheth, a neurologist, testified that the plaintiff endured extreme physiological disturbances such as prolonged hypercapnia, acidosis, and low blood pressure—not borderline conditions but severe, objective findings that are difficult to fake. He stated she was in a deep coma and may have been close to meeting brain death criteria, and emphasized that her injuries were permanent. Welcome Home Justice
Dr. Henry Silverman, a critical care specialist, explained in detail how severely elevated carbon dioxide levels and low pH levels led to brain swelling (edema). He walked through how the failure to properly manage these conditions—and deviations from accepted fluid care—were substantial contributors to her brain injury.
Together, these expert testimonies clearly linked substandard hospital care to the plaintiff’s catastrophic brain injury—laying the foundation for the jury’s verdict.
Experts presented neurocognitive and functional assessments, revealing:
Profound deficits in motor control, requiring wheelchair use and assistance with daily activities.
Cognitive effects including slow processing, memory impairment, and difficulty with speech (dysarthria).
Visual disturbances (nystagmus) and loss of fundamental functions like self-feeding for years.
The necessity of long-term rehabilitation and constant care, with projections backed by home health plans.
Their testimony was both medically detailed and compelling, directly linking the defendants' clinical mismanagement to the permanent brain injury.
For a TBI case to succeed, the brain damage attorney must prove not just that the injury exists, but that it was caused by the defendant’s negligence.
Expert witnesses, especially neurologists, can explain the exact mechanism of injury—for example, how oxygen deprivation or elevated CO₂ directly led to brain swelling and permanent cognitive deficits.
This direct link between medical events and the injury removes doubt and strengthens the chain of causation.
This not only established liability but helped secure a $10 million award for pain and suffering and future care, reflecting the injury’s depth.
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Freeport NY 11520
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