C. Effects of the accident on Sebastian Claus Furlan
42.
The accident and the consequent comatose state led to irreversible aftereffects on
Sebastian. These sequelae, corroborated by the different examinations performed on him, indicate
that Sebastian is suffering from a grade IV organic post-traumatic mental disorder, with a partial and
permanent disability of 70% according to the evaluation table of workplace disability established in
the domestic law.22 As a result of the accident, Sebastian has “an organic post-traumatic disorder
and an abnormal neurotic reaction with obsessive compulsive manifestation (with personality
deterioration), which entails a significant degree of mental disability.”23
43.
The medical report notes that Sebastian sustained primary injuries, such as cerebral
contusion and diffuse axonal injury, as well as secondary injuries, which include diffuse cerebral
edema.24 The medical report further states that (i) comatose states lasting more than 10 days have
a very high morbidity-mortality rate, causing very significant effects on memory, attention, ability to
concentrate, social behavior and motor disorders; and this situation is exacerbated when there is
injury to the brain stem; (ii) when there is diffuse injury to the white matter, such as axonal injury,
the aftereffects can be severe and progressive, sometimes with multiple motor disorders of varying
degrees of seriousness; and (iii) cerebral edema is one of the most dangerous complications that
Sebastian has, for which the mortality rate is 50%.25
44.
After Sebastian attempted suicide at age 15, he was readmitted to Posadas National
Hospital on August 31, 1989, and was diagnosed with “multiple trauma with loss of
consciousness,”26 remaining in the hospital for observation due to “sever adolescent depression.”27
With regard to the physical examination performed on that occasion, it was observed that Sebastian
presented (i) speech alterations, (ii) paraparesia,28 (iii) dizziness as indicated by him, (iv) excoriations
on parts of his body (face, arms, legs) as a result of the fall.29 In the clinical description of his
situation, it was noted:
22
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 268 back. Annex to communication from the State received on October 15, 2008.
23
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 325. Annex to communication from the State received on October 15, 2008. Free
translation by the IACHR.
24
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 269. Annex to communication from the State received on October 15, 2008.
25
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, pages 269 and back. Annex to communication from the State received on October 15, 2008.
26
Case proceeding file titled “Furlan Sebastian Claus v National State for Damages”, page 151. Annex to
communication of the State received on October 15, 2008.
27
Request for Inter-consultation and Supplemental Examinations, Clinical Examination at the Psychiatric Service for
attempted suicide, Sebastian Furlan, H.C. No. 511295, “Professor Alejandro Posadas” National Hospital, Case proceeding file
titled “Furlan Sebastian Claus v National State for Damages”, page 155. Annex to communication from the State received
on October 15, 2008.
28
Based on a search conducted by the IACHR, the term paraparesia refers to loss of strength, without reaching the
level of paralysis, of the lower limbs, or a type of slight paralysis. Definition found at Dictionary Babylon, medical section,
available on Internet.
29
Case proceeding file titled “Furlan Sebastian Claus v National State for Damages”, page 152.
communication from the State received on October 15, 2008.
Annex to