Wednesday, September 26, 2007

Archdiocese To Pay $19M To Injured Boy

A Cook County jury awarded a 9-year-old boy $19 million for the permanent brain injuries he suffered in a October 2003 accident in which a 27-inch television smashed him on the head, WMAQ-TV in Chicago reported.

The verdict against the Archdiocese of Chicago, which operates St. Genevieve Catholic School, where the accident happened, was reached Monday after 90 minutes of deliberation from a two-week trial, said the family's attorney, Stephen Passen.

The money will help Mariano Hernandez's parents, Carlos Hernandez and Sandra Yanez, provide the kind of therapy and care that Mariano will need for the rest of his life, they said.

But, they said, it won't bring back the boy who had dreams of being a firefighter, police officer or military man.

"This is not the same Mariano from before the accident," his mother said. "He's a different kid."
Before the accident, Mariano was always eager to help others, so it was no surprise when he was at the front of his classroom helping to move a TV cart.

But within seconds, the fourth-grader's life changed as the television atop the cart came loose and fell on him.

Now 13 and in eighth grade, Mariano is in special education classes, learning at a third-grade level, Passen said.

Mariano's mother said that he once was "a normal, active boy" who enjoyed playing soccer and baseball with his friends.

"Now, it's just different," she said solemnly.

On the day of the accident, his father said, he thought he'd find his son had suffered an injury on the playground, maybe a bump or a scrape.

But when he arrived at the hospital, "I realized how serious it was," he said.

Mariano suffered severe brain injuries, and part of his skull had to be removed to reduce swelling. He spent almost three months in two hospitals before being able to come home to his parents, little brother and sister.

Passen said the brain damage not only affected Mariano's ability to learn, but it also caused physical disabilities.

"He still talks about what he wants to be, and we don't try to discourage that," his father said.

"We don't do anything to knock down his morale. We want to let him keep thinking he's going to make it."

Attorneys for the school did not return calls Monday.

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