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In re Guardianship of Matyaszek12/29/2004
His stay consisted of 8 days in the critical care unit with 3 days post ICU. Dilantin is also required to prevent any further seizure activity. Following the accident, Adam experienced a loss of speech and memory. He was uncoordinated and was forbidden to engage in any strenuous activity for five months. A bicycle helmet was worn for further protection post discharge from the hospital at the insistence of the neurologist at Metro General. Although he had been completely toilet trained prior to this incident, he reverted to his infantile behavior and is just now beginning to control his bowel and bladder habits. His speech is progressing well but was quite slow in returning."
"One of the more lingering problems with Adam had been his fear of separation. He refuses to leave his father's side and actually accompanies him to his employment. He continues to wake three to four times per night and can only be comforted by sleeping with his father. Although separation anxiety is common for preschool children, it is quite pronounced in this child."
{ } Dr. McLaughlin was not appellant's treating physician and did not review any of the medical records regarding appellant's injuries and treatment after the accident. There is no evidence in the record that Dr. McLaughlin ever actually examined appellant. Further, his letter makes no mention of any continuing seizures and relates that appellant's only treatment is the monitoring of the Dilantin levels along with routine neurological evaluations. Dr. McLaughlin did state that he was in contact with the attending physician and his letter does address the residual effects of appellant's injuries which Dr. Hlavin, his treating physician, could not.
{ } In response to Schacher's inquiries, Dr. Grisoni replied in a February 16, 1988, letter that appellant was being treated by Dr. Matt Likavec at Neurosurgery Clinic and that details on his present condition should be obtained from him.
{ } On March 4, 1988, as the result of his investigation, Schacher issued a status report to appellee together with the medical records and bills. Appellant's medical bills totaled $12,327.66. Schacher also opined that the value of the Bronco was approximately $9,000.00.
{ } On March 7, 1988, three days after Schacher issued the report, appellee negotiated a settlement with appellant's parents. The settlement provided that appellant's father would be paid $12,327.66 for appellant's medical bills and would also receive $12,143.25 for the Bronco, which was greater than the $9,000.00 that Schacher claimed the vehicle was worth. Appellant would be paid $10,000.00.
3. Preparation of the Settlement Papers
{ } Appellee hired Squires, Sanders & Dempsey ("SS&D;), a Cleveland law firm, to obtain approval of the settlement. Appellee provided Attorney Weaver ("Mr. Weaver") from SS &D;with the terms of the settlement, appellant's MetroHealth discharge summary and probably Schacher's status report. It is unclear whether appellee provided Mr. Weaver with Dr. McLaughlin's letter. Mr. Weaver drove to appellant's home and obtained his parents' signatures on the settlement papers. SS&D;then prepared and filed the Application for Settlement with the Probate Court. The Application contained the statement that "said minor has recovered from his injuries."
{ } On April 18, 1988, the clerk of the Summit County Probate Court issued a notice that a settlement hearing had been scheduled for April 22, 1988. There is no evidence that the Probate Court sent notice to appellant's father regarding the hearing. Further, there is no evidence in the Probate Court's records that appellant or his father attended the heari
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