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Original Research ARTICLE Provisionally accepted The full-text will be published soon. Notify me

Front. Neurol. | doi: 10.3389/fneur.2019.00320

Lawsuit and traumatic brain injury: the relationship between long-lasting sequelae and financial compensation in litigants. Results from PariS-TBI study

 Eleonore Bayen1*,  Alexis Ruet2,  Claire Jourdan3, Idir Ghout4, Pascale Pradat-Diehl4, Gaelle Nelson5, Claire Vallat-Azouvi4, James Charenton5, Philippe Aegerter4 and  Philippe Azouvi4
  • 1Sorbonne Universités, France
  • 2Physical Medicine and Rehabilitation Department, Centre Hospitalier Universitaire de Caen, France
  • 3Physical Medicine and Rehabilitation Department, Centre Hospitalier Universitaire de Montpellier, France
  • 4Assistance Publique Hopitaux De Paris (AP-HP), France
  • 5Regional Reference Center for Bain Injury in the Parisian area, France

ABSTRACT
Purpose: People with traumatic brain injury are frequently involved in a litigation because another person was at fault for causing the accident. A compensation amount will often be settled to compensate the victim for the past, present, future damages and losses suffered. We report descriptive data about the full and final personal compensation amount and investigated its association with patient’s outcomes.
Methods: We used a longitudinal prospective study of severe TBI patients injured in 2005-2007 (PariS-TBI). Questions regarding involvement in a litigation were asked concurrently with 4 and 8-year outcomes.
Results: Among 160 participants assessed 4 and/or 8 years post-injury, a total of 67 persons declared being involved in a litigation, among which 38 people reported a compensation amount of a mean €292653 (standard deviation=436334; interquartile 25-50-75=37000-100000-500000; minimum=1500-maximum=2000000). A higher compensation amount was associated with more severe disability and cognitive impairment in patients, and with more informal care time provided by caregivers. However, no significant association related to patient’s gender, age, years of education, motor/balance impairment, return to work status, mood and related to caregiver’s subjective burden was found.
Conclusion: Financial compensation was related to victims’ long-term severity of impairment, although some extreme cases with severe disability were granted very poor compensation.

Keywords: Traumatic Brain Injury, Litigation, Compensation, Disability, Paris-TBI, follow-up, lawsuit

Received: 14 Sep 2018; Accepted: 14 Mar 2019.

Edited by:

Marianne Løvstad, Sunnaas Hospital, Norway

Reviewed by:

Parmenion P. Tsitsopoulos, Aristotle University of Thessaloniki, Greece
Torgeir Hellstrøm, Oslo University Hospital, Norway  

Copyright: © 2019 Bayen, Ruet, Jourdan, Ghout, Pradat-Diehl, Nelson, Vallat-Azouvi, Charenton, Aegerter and Azouvi. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) and the copyright owner(s) are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

* Correspondence: Mrs. Eleonore Bayen, Sorbonne Universités, Paris, France, eleonore.bayen@gbhi.org