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$750,000 Uncontrolled Epileptic Seizure

The plaintiff was a 59 year-old businessman with a long history of epilepsy. In an effort to identify the location of his seizures, he underwent a diagnostic electro-encephilogram, where the patient is taken off his medications and is allowed to have uncontrolled seizures, which are monitored. While experiencing seizures during the procedure, the plaintiff suffered an anoxic episode, that is, a period when his brain was not receiving the proper amount of oxygen. As a result, the plaintiff sustained cognitive and expressive impairments including memory deficits and word-retrieval difficulties. We argued that the procedure should have been terminated before the seizure had progressed to a “grand-mal” state. The case was settled for $750,000.