Chicago Brain Injury Lawyer Blog

Injuries to children, especially those that could have been prevented, are often the most tragic. According to Itemlive.com, a 2-year-old boy will likely suffer long-term development issues as a result of a brain injury and fractured forehead bone.

One Massachusetts boy suffered a brain injury after falling from his daycare center’s second-story porch. Luckily, he has awaked from a comatose state and has started early stages of intervention common for children who suffer brain trauma.

The boy’s family initiated a personal injury lawsuit against the daycare’s owners and operators. They attribute the boy’s injuries to the daycare’s negligent and reckless actions. Their complaint alleges the second-story porch had rotten wooden slates and inadequate barricading. The plaintiff claims the state had previously deemed the porch structure dangerous and forbade children access to the structure. Moreover, the boy was unsupervised at the time of the fall. The attorney hopes to win a settlement for this personal injury that will pay for medical care and ongoing treatments.

Under Illinois Law, the family would have a strong premises liability lawsuit against the daycare. In premises liability cases, plaintiffs must show the owner did not maintain the property or created the dangerous conditions; that the owner was aware of the issue, but failed to notify others; or that the owner was negligent in regards to the child’s safety.

According to Centers for Disease Control and Prevention, young children are often victims of traumatic brain injury. The Centers estimate 1.7 million people sustain a traumatic brain injury each year. Within this population, those most likely to sustain such injuries include: children ages 0 to 4, teenagers 15 to 19 years, and adults 65 years and over. Likewise, falls are the cause of 35.2% of all traumatic brain injuries. For children ages 0-14 years, falls are reported as the cause of half the recorded traumatic brain injuries.

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Fox 59 reported that a 20 year-old woman was critically injured after falling while sledding in Indiana. The victim suffered a brain injury from the accident. The victim's mother described the injury as a “basal skull fracture” that required surgery to reduce the swelling. The victim is currently in a medically induced coma, and will remain as such for the next two weeks.

When sledding is mentioned in conversation it is typically thought of as a relatively “safe” activity. Perhaps our perception of the sport needs to change. Sledding can be extremely dangerous, as evidenced by the tragedy that the victim and her family now face. A combination of high speeds, hard ice, and frequent falls is undoubtedly a dangerous one.

Like most young adults who go sledding, the victim was not wearing a helmet when her accident occurred. Her mother is urging young adults and parents to learn from this tragedy and wear a helmet when sledding. She hopes her daughter's accident will be a “wake-up call” to parents to make their kids wear helmets while sledding, "It could save a life." There is a sign at the top of the hill that states "Sled at your own risk" but the victim's parents said they feel more should be done to educate the community of accidents taking place on the hill.

According to the American Academy of Pediatrics, parents should promote safe sledding from an early age. People should sled in remote areas away from cars and other vehicles. Young sledders should be supervised by adults, and sledders should always travel feet first, not head first, to prevent serious brain injuries. As mentioned above, the AAP also encourages helmet use and recommends sledders use steerable sleds.

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The Seattle Times recently reported on a $10 million settlement in favor of a man who is now paralyzed after he sustained a traumatic brain injury.

The incident occurred on May 10, 2009 when the victim was being chased by two men who turned out to be deputies for the county. During the incident, the victim was thrown into a wall by one of the deputies causing catastrophic brain injuries. The victim is unable to speak and will be bedridden for the remainder of his life. The $10 million settlement will not only help pay for future medical expenses but it was also aid the victim’s family as they deal with the financial and emotional consequences.

According to the IBIA (International Brain Injury Association), one million Americans are treated and released from hospital emergency departments as a result of traumatic head injury each year. The symptoms of someone suffering from traumatic brain injury vary and can develop and change over time. Symptoms of traumatic brain injury also range in severity from blurred vision to inability to perform motor functions.

Most traumatic brain injuries are caused by head trauma. Recently, a Chicago area woman suffered a severe brain injury in a sledding accident. The medical community is also constantly working to improve this area of medicine. A recent study on brain injuries suggested that certain behaviors, such as consuming fish oils, may protect the brain against injury.

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Fox 41 reported that a family’s van was struck by an alleged drunk driver while traveling on Highway U.S. 31 in Alabama. An 8-year old child dies as a result of the accident involving an alleged drunk driver. The mother suffered several broken ribs and a head injury, while the father was hospitalized in a coma for several days.
After the occurrence, the negligent driver of the other vehicle was charged with DUI, manslaughter, vehicular homicide, and four counts of 1st degree assault. In addition, the family filed a wrongful death lawsuit against the driver for their irreversible brain injuries and the death of their daughter.
Many drivers do not recognize the ramifications of drinking a few drinks socially and then getting into a motor vehicle. According to MADD, one person dies every 50 minutes as a result of a drunk driving accident. However, these actions have serious consequences including brain injury or death. This tragic incident will hopefully remind this community the dangers of driving while intoxicated.
The family has sued the driver of the other vehicle because as a result of the incident, the parents suffered head injuries. Victims of head trauma may suffer further personal injury so it is essential for victims of head injury to be extra cautious.

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The Illinois parents of a minor with cerebral palsy recently filed a lawsuit in St. Clair County Circuit Court against Protestant Memorial Medical Center in Belleville, Illinois and the doctor who delivered the newborn. The parents allege that their newborn suffered a hypoxic brain injury during delivery which caused their daughter’s cerebral palsy.

In a hypoxic brain injury the brain does not receive enough oxygen. When this occurs during the birthing process, a newborn is at high risk for developing cerebral palsy. There are several different types of cerebral palsy. The most common type of cerebral palsy, spastic cerebral palsy, has a variety of symptoms. Individuals with spastic cerebral palsy typically have very tight muscles that do not stretch and even tighten up over time. This leads to muscle weakness and even loss of movement or paralysis.

According to this brain injury lawsuit the defendant doctor and hospital negligently ruptured membranes before her birth, failed to utilize inutero resuscitation maneuvers, and failed to prepare for an immediate C-section in a scenario of prolonged deceleration.

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Ice skaters, skiers and snowmobilers rejoice as snow continues to fall this winter season. But it is during these snowy months when winter sport enthusiasts become at high risk for brain injury.

Those participating in winter sports should wear a helmet to prevent head injuries. While helmets do not prevent concussions, they do protect the skull from factures. A report found that helmets reduce the risk of head injury among skiers and snowboarders by 35 percent.

Even pedestrians need to be cautious over the winter. Icy surfaces can cause pedestrians to slip and fall. The winter can also create dangerous driving situations for cars and trucks.

Although most head trauma accidents are minor, it’s important to be cautious following a head trauma to prevent further personal injury. Brain inury can cause the brain to swell, damaging brain and nerve tissues.

A victim of a head trauma should be carefully observed for early signs and symptoms of brain injury. Signs and symptoms can develop hours or even days after a head trauma. Early symptoms include severe headache, confusion, loss of balance, vomiting, slurred speech, and seizures.

Immediate treatment is necessary to determine if a victim is suffering from more severe symptoms such as uneven pupil size, convulsions, or blurred vision. These symptoms can be long-lasting or permanent in some cases.

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Fish oil has long been associated with various cardiovascular benefits, but a recent U.S. study suggests that omega-3 may also help protect against traumatic brain injury.

Omega-3 fatty acids are found in foods such as salmon, walnuts and kiwi fruit. They have been known to provide many benefits to the brain, such as improving memory and learning skills. Previous studies have also suggested that Omega-3 can help fight against mental disorders like dementia and schizophrenia.

This recent study was conducted at West Virginia University. In the study rats were given varying doses of DHA. DHA is also known as omega-3 fatty acid docosahexanoic acid and is found in fish body oils. The dosages given to the rats were equivalent to dosages humans might consume when taking DHA supplements.

The study concluded that tissue damage caused by traumatic brain injury was significantly reduced in rats taking high dosages of DHA. The study also revealed that the rats consuming high dosages of DHA had a significant reduction in the production of a protein commonly associated with Alzheimer’s disease.

Although more research will be needed to determine the true benefits of DHA, this study suggests a future for various types of preventive treatment with DHA.

This study is currently scheduled to be published in the February 2011 issue of Neurosurgery, the official journal of the Congress of Neurological Surgeons. You can read more about this study online by visiting the United Press.

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JusticeNewsFlash.com recently reported on a trial involving a Florida woman who was left paralyzed following a medical procedure. The jury awarded the woman and her family $23 million for her injuries. To read more about this brain injury lawsuit please follow the link.

In 2006, Lanette Gervato went to Shands hospital after suffering from unexplained headaches. The hospital staff performed various tests and determined Lanette had a non-bleeding aneurysm in her brain. An aneurysm is an abnormal widening of a portion of an artery in the brain. Aneurysms are caused by weaknesses in the wall of a blood vessel.

In July of 2006, Lanette underwent surgery by the hospital’s neurosurgical team. Lanette’s attorneys argued that numerous errors were made in the course of her treatment. First, during the procedure, a member of the surgical team unknowingly perforated one of the arteries in Lanette’s brain. Then, when Lanette began displaying symptoms consistent with a post-operative stroke, a nurse at the hospital continued Lanette’s medication rather than contacting a physician. When the doctors eventually found out about Lanette’s condition, it was too late. At that point, Lanette’s brain had filled with blood and she had already suffered permanent brain damage.

Since the incident occurred, Lanette has gotten numerous infections stemming from her disability and has been hospitalized at least ten times. She is paralyzed on one side of her body and has suffered impaired vision. The money awarded by the jury for her brain injury will help pay for Lanette’s round-the-clock medical care for the remainder of her life.

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