40.
Once he was on the premises, Sebastian attempted to hang from a cross stud or
cross beam belonging to one of the obstacles, the consequence of which was that the
approximately 45 to 50 kilogram beam fell on him hitting him hard in the head and instantaneously
knocking him unconscious.13 Sebastian was hospitalized in the Intensive Therapy unit of Professor
Alejandro Posadas National Hospital (hereinafter the “Posadas National Hospital”), and diagnosed
with encephalic cranial trauma with loss of consciousness, in a Grade II-III comatose state, with
fractured right parietal bone.14 He was admitted to the operating room to be operated on a right
extradural hematoma with a fractured temporal bone; that is, the presence of bleeding between the
bone and the external casing of the brain.15 Following the operation, Sebastian remained in a Grade
II coma until December 28, 1988 and then in a vigil coma until January 18, 1989.16 While he was in
intensive therapy, two encephalic computerized tomography scans were taken, which show cerebral
and brain stem edema; additionally, electroencephalograms and evoked visual and brain stem
potentials were performed, which show slowed reaction time.17
41.
Once he regained consciousness on January 23, 1989, after 33 days of
hospitalization, Sebastian was released from the Posadas National Hospital.18 He was released from
the hospital with difficulties in speaking and in the use of his upper and lower limbs,”19 to receive
outpatient treatment at a doctor’s office “with a diagnosis that included cranial trauma, right
temporal-parietal fracture, contusion of the brain and the mesencephalic stem,”20 as well as
neurological deficit.”21
Damages”, page 321 back. Annex to communication from the State received on October 15, 2008. Free translation by the
IACHR.
13
Trial Court Judgment issued on September 7, 2000, National Court for Federal Civil and Commercial Matters,
Chamber No. 18, Case File No. 3.519/1997, case proceeding records titled “Furlan Sebastian Claus v National State for
Damages”, page 321. Annex to communication from the State received on October 15, 2008.
14
Medical expert examination report prepared by Dr. Juan Carlos B. Brodsky, court-appointed expert neurologist in
the case proceeding records titled “Furlan Sebastian Claus v National State for Damages”, submitted in the case on
November 15, 1999, page 266 back. Annex to communication from the State received on October 15, 2008.
15
Expert Psychological examination report prepared by Dr. Luis Garzoni, court-appointed expert in the case
proceeding records titled “Furlan Sebastian Claus v National State for Damages”, submitted in the case on illegible date and
forwarded to the parties on March 5, 1999, page 243. Annex to communication from the State received on October 15,
2008.
16
Expert Medical-Psychological examination report conducted by Dr. Luis Garzoni, court-appointed expert in the
case proceeding records titled “Furlan Sebastian Claus v National State for Damages”, submitted in the case on an illegible
date and forwarded to the parties by court order on March 5, 1999, page 243 back. Annex to communication from the
State received on October 15, 2008.
17
Medical expert examination report prepared by Dr. Juan Carlos B. Brodsky, court-appointed expert neurologist in
the case proceeding records titled “Furlan Sebastian Claus v National State for Damages”, submitted during the case on
November 15, 1999, page 266 back. Annex to communication from the State received on October 15, 2008.
18
Medical expert examination report prepared by Dr. Juan Carlos B. Brodsky, court-appointed expert neurologist in
the case proceeding records titled “Furlan Sebastian Claus v National State for Damages”, submitted during the case on
November 15, 1999; and summary of the Clinical History of December 21, 1988 to January 23, 1989, prepared by Dr. Lidia
C. Albano, Chief of Children’s Intensive Therapy. Case proceeding records titled “Furlan Sebastian Claus v National State for
Damages”, page 13 back and p. 266. Annex to communication from the State received on October 15, 2008.
19
Trial Court Judgment issued on September 7, 2000, National Court for Federal Civil and Commercial Matters,
Chamber No. 9, Clerk’s Office No. 18, Case File No. 3.519/1997, case proceeding records titled “Furlan Sebastian Claus v
National State for Damages”, page 320 back. Annex to communication from the State received on October 15, 2008.
20
Expert Medical-Psychological examination report prepared by Dr. Luis Garzoni, court-appointed expert in the case
proceeding records titled “Furlan Sebastian Claus v National State for Damages”, submitted in the case on an illegible date
and forwarded to the parties by court order on March 5, 1999, page 243 back. Communication of the State received on
October 15, 2008.
21
Case proceeding records titled “Furlan Sebastian Claus v National State for Damages”, page 148 back. Annex to
communication from the State received on October 15, 2008.