Brain Injury Awareness Week: Lani’s Story

Brain Injury Awareness Week starts on 19 August 2024 and is held annually to raise awareness of brain injury and its impact. It’s a time to reflect on how we can support and advocate for people living with a brain injury and continue to grow awareness and understanding throughout Australia. 

The brain comprises many synapses and neuropathways that connect how we think, feel, act, move, smell, see, taste, understand, and so much more. When one of these connections experiences an injury, many things can change in a person’s life. Statistics show that 1 in 45 Australians are living with a brain injury and experiencing these changes in their lives.

The theme for this year’s Brain Injury Awareness Week is “What’s your connection?” – a question to prompt conversation around how everyone can improve the lives of those living with a brain injury who may be struggling with connection, relationships, and/or societal systems.

At Maurice Blackburn, we pride ourselves on advocating for our clients and ensuring they and their families have proper support. 

Our client: Lani

In May 2020, Lani was just five years old. She presented to the hospital with a neurological condition. She was then admitted to the hospital and underwent medical procedures. During her admission, she experienced complications of sepsis and multi-organ failure, which required her to be intubated and managed in the intensive care unit.

On 8 June 2020, a decision was made by Lani’s medical team to extubate her, the last step in liberating a patient from the mechanical ventilator. Her parents were meeting with other staff and were not informed that the extubation would occur that day.

During the extubation, Lani lost cardiac output, meaning that her heart was not pumping enough blood to meet the body’s needs. She also did not have an airway established for 25 minutes.

As a result of this, she suffered from a severe brain injury and was diagnosed with severe spastic quadriplegic cerebral palsy.

Lani suffers with global developmental delays in all areas, with associated vision and motor impairments. Lani requires care and assistance 24 hours a day and requires suctioning every 10-15 minutes. She will require lifelong disability support as a result of her injuries. 

All of Lani’s connections have been impacted by her injuries, and she and her family’s life changed forever. 

Legal assistance and financial support for Lani and her family

Lani and her family are New Zealand citizens. As a result, she is not presently eligible for support through the NDIS, and her family has not received Centrelink benefits for the care and assistance they provide to Lani each day. Her parents are now unable to work due to Lani’s high care needs, which has placed a significant strain on the family’s resources.

We reviewed Lani’s situation, provided advice regarding the NDIS and potential superannuation entitlements, and assisted Lani and her family with a medical negligence claim. We also assisted Lani and her family in securing access to funds earlier to ensure Lani had access to the necessary therapy, additional care, and assistance. We also assisted the family in maintaining their current home, where they provide care to Lani.

“What happened to Lani is tragic. It was very important to me that I used my experience and knowledge to identify ways to best support Lani and her family. Improving Lani’s quality of life and ensuring she and her parents had access to proper support and respite was critical.” – Kirsten Van Der Wal

“What’s your connection?” is an important question to ask. This week serves as a reminder that every person has a role to play. Together, we can improve the lives of those living with a brain injury by ensuring we share connections and resources and provide support in navigating the complex government systems.

Support available for people with brain injuries

If you (or a loved one) suffer from a brain injury, you may be eligible to claim under the National Disability Insurance Scheme (NDIS). The NDIS provides funding for the support and services you may need because of your brain injury. Our team of expert medical negligence lawyers are here to help you understand your legal options and to achieve the best possible outcome for you. 

If you sustained a brain injury as a result of a motor vehicle accident, work injury or as a result of a medical event, you may be entitled to additional support.

Synapse is Australia’s Brain Injury Organisation that provides support for individuals, including advice on housing options, advocacy and support coordination. You can find further information and support for individuals with brain injuries on the Synapse website.