How the Young Child Suffered a Brain Injury

On June 20, 2012, a six-week old child suffered a traumatic brain injury (TBI) in Orangeburg, SC when his baby bather collapsed and his head struck the floor. Along with a skull fracture, "Baby" experienced bleeding on his brain. "Company X" manufactured and distributed the unsafe, defective product that caused Baby’s TBI.

Due to fall and head injury hazards, Company X recalled its defective bather. Sadly, it took Baby’s skull fracture and injuries to other infants for Company X to remove this needless danger from communities across our country.

Companies that Sell Dangerous Products Must Be Held Accountable

When Company X chose to sell a dangerous product to American families, they placed millions of children at risk. Their safety violations could not go unaddressed. The lack of attention and concern that leads to unsafe products is unacceptable. Baby and his mother had to receive justice, and their community needed to be protected. In South Carolina, jurors are charged to protect their community and serve as its conscience. In Orangeburg County, jurors have a reputation for upholding those duties while ensuring that truly injured people receive full and lasting justice.

When Baby tumbled out of the bather and crashed to the floor, his parents rushed him to the Regional Medical Center (RMC). The emergency team noted swelling to the left temporal and right occipital lobes. Due to the severity of his injury, RMC transferred Baby to Palmetto Health Richland (Palmetto Richland).

Neurologists and pediatric specialists at Palmetto Richland concluded that Baby had sustained a “dramatic biparietal fracture." Imaging also revealed an intracranial hemorrhage. We had medical illustrations of these injuries prepared by a prominent company out of Colorado.

For two nights, Baby remained in the pediatric intensive care unit (PICU) under the supervision of neurologists. Since being discharged from PICU, Baby has been subjected to additional doctors visits and brain tests. At present, he appears to be a well-adjusted baby, though the permanent effects of TBI in a child are often undetectable due to the absence of a reliable baseline. In short, no one knows how much damage Baby suffered when his skull fractured and his brain bled. What is certain, is that one less child could have been harmed had Company X not chosen to sell a dangerous product.

A Child Injury Lawyer Can Help You Seek Justice

We reached a fair settlement of this case in early 2014 with Company X. Though they attempted to argue that a warning on the bottom of the bather exonerated them of any liability, we responded by asking: why was the product so dangerous as to need the warning; why was the warning not more visible, and how little would it have cost to simply make the product safe?

If your son or daughter has been injured in South Carolina due to an unsafe baby seat or other child product, you do not have to take on the insurance company by yourself. Please don't allow an insurance adjuster to blame you or your child for the manufacturer's dangerous choices. For a free consultation, call us today at (803) 790-2800 or you can start a chat with us now. 


Kenneth Berger
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Columbia and Myrtle Beach car accident and personal injury lawyer dedicated to securing justice for clients.

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.