"Settlement reached with third party defendants as well as with workers' compensation insurance fund. Plaintiff was working on a construction site when a piece of machinery caught plaintiff's shirt causing him to be thrown to the cement floor. Loss of consciousness was questioned. MRI Scan, CT Scan, and other neuro imaging all proved normal. Despite this, plaintiff remained unable to work, was prone to violent outbursts, disinhibition, and developed a seizure disorder.

After mediation, the settlement reached demonstrates the profound impact a brain injury can have. [Confidential.]"

In Herndon v. Parball Corp., dba Flamingo Hilton Hotel, et. al., plaintiffs Claude and Jill Herndon brought suit in the United States Federal District Court, District of Nevada (Las Vegas) when the stool upon which Mr. Herndon was sitting fell over due to a concealed hole in the floor of the casino (under the carpet). Mr. Herndon was projected forward and struck his head on the table before him. Defendants contested plaintiff's claim of loss of consciousness, and the emergency room records indicated that Mr. Herndon sustained only a slight bruise and headache. All imaging was negative, and defendants denied that the forces involved in the fall were sufficient to cause brain injury to Mr. Herndon. Compounding proof of injury difficulties, Mr. Herndon had a pre-existing seizure disorder, though counsel was able to establish that the fall caused seizures of a different type than those previously occurring. This extremely difficult case included defense allegations of pre-existing depression, and an extremely low pre-morbid vocational earnings history. Despite this, counsel was able to reach a substantial settlement for the Herndon's which recognized the strong probability of a jury recognizing that Mr. Herndon had indeed sustained a mild traumatic brain injury. Mr. Scarlett was assisted by co-counsel Cal Potter, Esq. In addition, the expert witnesses involved in the case, including a neuropsychologist, a physiatrist, a neurologist, a biomechanical engineer, a life care planner, a vocational rehabilitation specialist, and an economist, were essential witnesses establishing the true injuries suffered by Mr. Herndon as a result of the casino's negligence. A portion of the $2,900.000.00 settlement went to purchase an annuity, which is expected to pay out substantial additional funds over the course of plaintiffs life.

In Harrison v. North Las Vegas, et al., Mr. Scarlett, together with his co-counsel Cal J. Potter III, Esq., again took on the correctional facility run by the City of North Las Vegas. This federal civil rights action was settled for a confidential amount.

On the day of his 32nd birthday, Mr. Harvey Harrison was on the way to his mother's house for breakfast. Somewhere along the way, it would appear Mr. Harrison was himself the victim of a crime, the attack leaving him with a closed head injury. Due to his appearance and behavior, the North Las Vegas police were called. Rather than provide Mr. Harrison the medical treatment he so desperately needed, the police officers transported Mr. Harrison to the North Las Vegas Detention Center.

Mr. Harrison was double handcuffed, restrained with leg irons, and thrown into a cell. Having been afforded no medical treatment nor medical screen, Mr. Harrison died twelve hours later as a result of complications from his closed head injuries.

Mr. Scarlett established that Mr. Harrison died when the jail failed to properly diagnose the pre-arrest traumatic brain injury. Based on the extensive pre-trial discovery conducted by Mr. Scarlett and his co-counsel, Cal J. Potter III, Esq., a confidential monetary settlement was reached. Following such settlement, the City of North Las Vegas again altered the structure of medical monitoring rendered on-site at the jail.

In Greener v. Hospital, et al., plaintiffs brought suit on behalf of their eight year old daughter as a result of a birth injury. Mrs. Greener was asymptomatic, though Beta Strep positive. It was alleged that defendants failed to give prophylactic antibiotics, and further, that defendant failed to appropriately diagnose plaintiff’s child with meningitis following birth.

Plaintiff’s child did develop meningitis. The child went on to develop learning disabilities as a result of the brain damage sustained at birth. The significant settlement resulting from this matter will provide funds throughout the child’s life, including funds for private education, neuropsychological treatment, and other care.