Chicago Brain Injury Lawyer Blog

A legal action that is colloquially mentioned to as a “brain injury lawsuit” may actually refer to a wide range of things. The most common case likely refers to a suit filed by a victim who suffered a traumatic brain injury after being involved in a car accident or slip and fall. The lawsuit would then center on the potential negligence of those who may have caused the accident, such as another driver or the landlord of the place where the fall took place. In other situations the brain injury may result from mistakes made during childbirth. These injuries are usually not traumatic brain injuries, because they do not result from blunt force trauma to the infant. Instead, they are most often the result of a lack of oxygen and blood to the brain for a prolonged period of time. These birth injuries arise with surprising frequency, often when a C-section is not performed in a timely fashion following a problem during the birth.

In each of these cases, the brain injury lawsuit would likely name the individual that caused the actual injury as a defendant. However, there are other situations where a brain injury lawsuit may also involve not only the individual’s whose negligence caused the accident, but also those who failed to act properly after the injury already arose. These are usually “failure to detect” cases, where one in a position to catch the brain injury fails to do so, meaning that treatment is delayed. In these situations the victim suffers more harm that he or she otherwise would have if the injury had been detected in a reasonable manner.

This potential problem was reported on in Pro Publica this morning. The article framed the issue in the context of brain treatment programs in place for our military service members. Traumatic brain injuries are a common injury for soldiers, considering that roadside bombs are one of the most common dangers faced by our troops. In order to help the problem, Congress has passed legislation requiring the military to test soldiers’ brain function before they are allowed to re-deploy. Failure to catch these brain injuries can have life-long effects on soldiers, and the screening is necessary to prevent those problems.

Tragically, a new investigation has found that the screening process is failing. The problem is that the test used to determine if a soldier has suffered a traumatic brain injury has not actually been shown to properly detect the injury. In this way, the program gives the appearance of helping service members while not actually doing so. In the four years that the program has been around, more than a million troops have taken the test, costing the taxpayers more than $42 million. Yet, the fruits of that cost may be nil, because the test doesn’t reliable catch brain injuries even when they exist. Our Chicago brain injury lawyer is concerned that the military’s failure to detect serious brain injuries in soldiers may have significant long-term consequences. One former military doctor explained that “the test was not developed for the purposes of identifying the kinds of problems that we see in concussions.”

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Sports head injuries are often in the news, especially as new research sheds more light on the specific risks faced by players. Most often the stories are centered on football players, because the very nature of the game is built on physical contact between players. However, there are many other sports frequently played by youth which offer similar risks of head injuries. A comprehensive assessment of brain injury risks in youngsters must take those alternative risks into account.

For example, a Fox News study yesterday discussed new research which found a significant risk of harm when soccer players “head” the soccer ball. Of course, soccer usually involves using feet to move the ball, but especially at more advanced levels, using one’s head while jumping to direct the ball is common. Yet, these common moves pose dangers of which many players and families may be unaware. According to the research highlighted in the article, even just a few headers a day can lead to a brain injury. This is troubling news considering that, even if players do not perform many headers in a game, virtually all athletes likely practice the headers consistently when not in a game. That practice maybe harmful.

The researchers used advanced MRI-based techniques to scan the brain of youth soccer players. Those scans were then compared against headers that the players made during the previous year. Results suggested that those who headed the ball most exhibited signs similar to patients who had suffered concussions. For amateur players who headed a ball between 1,000 to 1,500 times a year, the injuries were often significant. It is important to note that those figures represent only a few headers a day, which is not at all uncommon for those who play often—such as high school or college players.

Brain researchers have learned recently that while some small trauma may not cause damage in isolation, repeated small trauma may have the same effects as one significant trauma. The trauma of a single header cannot lacerate nerve fibers in the brain (a sign of injury), but repetitive headers can set off “a cascade of responses that can lead to degeneration of brain cells.”

The Chicago injury lawyers at our firm continue to encourage parents, coaches, schools officials, school trainers, referees, and all others involve in these activities to remain alert to these brain damage risks. The fact that these activities pose a risk of injury is not at all a suggestion that children should not be involved in these games. However, it does mean that there need to be logical procedures in place to prevent harm from going unnoticed or not taking reasonable steps which would keep players safe. The increased awareness of the issue and growing medical knowledge about the cause of the harm makes it even more important for these reasonable steps to be taken. For the vast majority of youth sports players, the games will end relatively early in their lives. It is never worth having lifelong problems because of basic safety errors committed during one of these games.

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Our Chicago birth injury lawyers have worked with many families over the years who have had loved one pass away following their development of a brain injury. Most brain injuries are quite serious—especially those resulting from car accidents and falls—and there always remains the possibility that the injury could prove fatal. When that occurs and the injury was caused by the negligence of another, the surviving family members often seek legal accountability for the wrongdoer. Each legal case that is brought following a death presents a few complications that are different from cases where there is harm but the victim survives. Two different legal claims are often brought in a fatal accident. First, a wrongful death lawsuit is filed where the family members are named as plaintiffs. In that case, the family seeks redress for their own unique loss following the death of their loved one. In addition, a separate legal action is filed in the name of the victim’s estate (by the “special administrator”) which seeks compensation for the actual harm of the victim.

There is another legal complication involved in these types of suits: additional evidence gathering hurdles. When the victim is not around to be involved in the action, it is often difficult to acquire the evidence to prove misconduct than might otherwise exist. For one thing, the victim is not there to explain exactly what happened. In addition, a procedural challenge exists which makes it difficult for family members to obtain the medical records of the loved one. Having access to these medical records to understand the exact harm caused to the victim, treatment provided, and similar issues, is vital in these brain injury lawsuits. In the past, the family members could not simply ask for those necessary records and obtain them. Instead, a separate legal proceeding had to be initiated which “opened” the victim’s estate. This process delayed the litigation and was an unnecessary cost and stress for the involved families.

Luckily, per the terms of legislation signed by Governor Pat Quinn today, families will no longer face those complications. The bill was supported by legislators of both parties and passed both houses of the General Assembly comfortably. The measure, SB 1694, changes the process by which certain individuals can obtain medical records of loved ones after their death. Instead of opening the estate, certain individuals can now file a written request for the records and receive them. According to the terms of the bill, once the measure goes into effect the deceased’s executor, administrator, or agent will be able to submit the written request to the medical record holder and then receive them. If one of those individuals does not exist, then a spouse, adult child, parents or siblings can similarly submit a written request and receive the records without a separate legal proceeding. The writing necessary is minimal, and must simply state the relationship of the author to the deceased and make the specific request.

The loss of a family member is hard enough, and the last things family’s need are unnecessary legal hoops that must be jumped through. Our Chicago injury lawyers understand that these difficult situations are made even worse when the death was caused in any way by the misconduct of another person, business, medical facility, or other party. We have come to appreciate the delicate emotional situation of many of these family members, and all legal changes which can provide even a small ease to their burdens are welcome. It is no surprise that politicians on both sides of the aisle overwhelming approved this measure, considering it provided needed relief to victims at no cost to others. We applaud those involved in this decision, and will help families in need of medical records release use the new legislation to simply at least one part of the process.

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Governor Quinn Signs Patient Right to Know Act

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KD News reported this week on concerns being raised about the way that American service members who suffered brain injuries are being treated. As our Illinois brain injury lawyers have frequently noted, in many ways treatments for those who suffer head injuries are few and far between. The brain remains the most mysterious object in the human body, and medical experts are just now beginning to break through the unknown to figure out how it works. It will be a long time before more advanced techniques are available to figure out exactly how to repair previous damage.

However, even though there are few proven methods of fixing brain injuries, it remains imperative for all brain injury victims, include service members, to receive the best available treatment. Yet, as the article explains, that may not be the case. A new study from the Rand Corporations, which was commissioned by the U.S. Department of Defense, has found that many programs that were created to help those with these injuries have built in redundancies with poor communication between the various brain injury treatment programs.

The study authors recommend that centralization be prioritized to ensure maximum effectiveness. It is important to note that the report found that the there are many different programs to assist military service members dealing with traumatic brain injuries (and other complications, like post traumatic stress disorder). Yet, the study notes that their research “suggests that there is significant duplication of effort, both within and across branches of service.” The duplication makes it difficult to properly understand what treatments are effective and whether or not members are getting the exact care that they need. Responding to the report, the Department of Defense spokesperson explained that the study offers a framework by which program effectiveness can be evaluated and strengthened.

The Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury noted that there was a data-gap under the current system. Because a lot of unknowns remain in brain injury treatments, it is essential that proper documentation be made system-wide to determine what is or is not working. As one program participant noted, “very little is known about how all of these programs work collectively for our service members, veterans, and their families.” In total, less than one out every three of the over two hundred brain injury treatment program had an assessment system in place. Consequently, there is currently no way to ensure that victims are receiving the best care possible to treat their particular injury. Service members cannot be guaranteed perfect improvement, but they should be confident that all basic steps to make them well are being taken.

While there is certainly no guaranteed cure available to traumatic brain injury victims, our Chicago injury lawyers know that there is no reason why the knowledge that is available should not be used as appropriately as possible to help our service members as much as possible. In many cases, medical professionals will never be able to return a victim to normal following severe head trauma. However, timely, appropriate, and consistent treatment can prevent further deterioration of brain function, which may have huge implications on the life of the victim.

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Head Injury Lawsuit Filed on Behalf of Ex-Football Players

Former Illinois Athletes File Brain Injury Lawsuit Against Eastern Illinois University

The Legal Intelligencer reported last week on a change in one state’s wrongful death law that was prompted by a brain injury lawsuit. The case, Rettger v. UPMC Shadyside, involves the death of a 24-year old man who passed away after he suffered a brain herniation caused by a delayed diagnosis of his brain infection. It goes without saying that when an infection strikes any part of the body—particularly the brain—it is essential to receive treatment as soon as possible. Any delay, as this case shows, can have life threatening consequences.

Following the young man’s death, his parents filed a wrongful death lawsuit. These legal actions are brought by family members of victims who are killed by the negligence of others. They are unique legal actions in that they seek recovery for losses to the survivors themselves, caused by the loss of their family member. This must be distinguished from legal actions that seek to provide relief for the harm caused to the actual victim. Usually these wrongful death claims are brought in conjunction with a survivorship action (which is brought in the name of the victim). Wrongful death actions are most often brought by the spouse or children of the victim. In this case, however, the man who died because of the medical malpractice was unmarried and had no children. Therefore, the wrongful death suit was brought by the man’s parents.

The article explains that when a wrongful death action is bought by parents, the award is usually less than when children or spouse brings the suit. The damage amount depends on the connection of the victim to the deceased, the support that the deceased provided to the plaintiff, and similar factors. In this case, the jury returned a verdict in favor of the parents in the amount of $2.5 million. Following the decision, the defense appealed the verdict, claiming that it was owed a remittitur (a judge’s decrease of an award amount) because the jury verdict was excessive. The defense claimed that the victim has no children or spouse, and therefore it was unreasonable for the jury to have awarded the victim’s parents that much money for their losses.

The trial judge rejected the defense’s remittitur motion. They noted that the “services” that the jury could have found needed compensated went beyond mere household chores or financial support that a wife or child would have expected. They noted, “the term (services) clearly extend to the profound emotional and psychological loss suffered upon the death of a parent to child where the evidence establishes the negligence of another as its cause.” The court logically noted that while $2.5 million is a substantial sum, it is no way fully compensated the parents for the loss of the child they raised into adulthood. Our Chicago injury lawyers understand that it is important for juries to maintain the ability to reach fair decisions on the value of a loss when caused by the misconduct of another. This appellate decision reaches the fair conclusion that arbitrary rules limiting the ability of juries to reach conclusions in these cases should not be handed down from the bench.

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Birth Injury Lawsuit Against Midwife Settles for $730,000

Medical Malpractice Lawsuit Filed After Pregnancy Complications Leads to Deadly Blood Infection

Premature births have long presented medical professionals with problems. Over the years experts have made tremendous advances in care such that children born earlier and earlier (and smaller and smaller) are kept alive. However, they have had less success ensuring that those children do not develop birth injuries following their early delivery. In many cases, damage is done to the children that can’t be prevented or repaired. In most cases those premature birth injuries involve damage to the young child’s brain. Medical professionals have long been behooved by brain development both for children in utero and in the early stages of their lives. Fortunately, encouraging medical advances continue to be made that may ultimately prove to have tremendously positive benefits for prematurely born infants and their families.

According to experts, this new knowledge will hopefully prevent premature infant injuries like cerebral palsy, epilepsy, attention deficit hyperactivity disorder, and a multitude of similar conditions. Every year more than sixty thousand extremely premature infants are born weighing less than 3.3 pounds. Thanks to medical advances, the vast majority of those infants will survive, but many of them will experiencebrain injuries that will affect the rest of their lives. Hopefully that will soon change.
National Public Radio News published an article this week, for example, discussing the ways that scientists are better understanding how these brain injuries develop. According to the article the latest information was explained by the involved researchers in a Washington D.C. meeting this week for the Society for Neuroscience. It has long been known that oxygen deprivation in the first hours and days after birth is the single biggest cause of premature infant brain injuries. Brain white matter—specifically myelin—is damaged without sufficient levels of oxygen. White matter is often referred to as the “communication highway” of the brain, as it is critical in messages being sent from the brain to other parts of the body. When a child is premature, their lungs are insufficiently developed, making it difficult for the tiny lungs to deliver as much oxygen as needed to the brain. This deficiency is not solved even when mechanical breathing devices are used to get more oxygen to the brain.

Part of the problem at finding a fix was that scientists were not exactly clear how the myelin damaged developed. Yet, that has changed as a new MRI scanner incubator system has been developed which allows doctors to understand the white matter injury in more detail. Many researchers now believe that these new developments will ultimately make it possible for researchers to figure out ways to prevent the damage. There are already a few options on the table which may prove promising. Each prevention measure revolves around quick action immediately upon the birth of the premature baby. One researcher noted, “There is a critical developmental time window right after birth. If development is disturbed during this critical time window then the brain doesn’t catch up.” If doctors intervene at that point, then the damage never occur. The intervention can take many forms, from drugs, to magnetic stimulation in certain areas of the brain, to lowering the infant’s body temperature. More research is needed to provide more specific information about the efficacy of any of these methods.

Our Chicago brain injury lawyers will be closely following these brain research developments. No personal injuries are as devastating as those involving young children, because they are often affected throughout their entire lives. All advances that will spare these victims should be pursued diligently and as timely as possible.

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With each new case our Chicago brain injury attorneys become more and more familiar with the long-term costs and consequences of most of these injuries. Legally, it is important to have a detailed grasp of the actual lifetime costs and harm to the victim, because those costs are crucial to determining a fair settlement amount. If the case goes to trial, an intimate understanding of the day-to-day costs of traumatic brain injuries is even more necessary, because it frequently needs to be explained in careful detail to a jury.

Besides the technical knowledge of understanding what types of damages the law allows to be recovered, there is often an art to this process. The consequences of these injuries are often hidden. Unlike other cases where specific information is easily available to show how the harm will impact a life, brain injuries can be much more mysterious, and they are much more personalized. Our Chicago injury lawyers understand this, and it is one of the main reasons why we prioritize learning about the specific causes, consequences, treatments, and other aspects to these injuries. In addition, every new case we take and client that we help provides more experience to better reveal how these life-changing injures affect real lives.

Getting to the day to day consequences of traumatic brain injuries (TBIs) was at the heart of a story published this week by WDIO News. The story centers around a traumatic brain injury support group where local victims of these injuries meet every month to share stories and support one another as they deal with the long-term consequences of their harm. For example, one man explains the effect that the TBI has had on his memories. When trying to think of old memories he notes, “You see little flashes and you can’t piece it together.” Some victims lose long-term memories, others short-term, and a few lose both. The man in this story explained how his daughter was married not too long ago. He sadly explained that he “couldn’t tell you a think about her wedding, but I walked her down the aisle.”

The victim in this case had to have nearly half of his brain removed to save his life. He was forced to learn how to walk and talk again, just like many other victims. Beyond that, the man explains that he lost most of his eyesight. The inability to see most things is incredibly damaging on its own, but there are countless other repercussions. He can no longer drive, of course, and that fact alone has huge ramifications on his life. In addition, the story explains how the victim is forced to take roughly 30 pills a day to help with a wide range of other problems resulting from his injury.

As this one victim’s story explains, there is truly no limit to the ways that these injuries can affect lives. Considering the physical, emotional, financial, social, and psychological effects of these injuries, it is no wonder that victims often seek aid from those who caused the harm so that they can have the resources they need to deal with these consequences.

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Facts on Traumatic Brain Injury

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Yesterday we discussed the seemingly remarkable story of Congresswoman Gabrielle Giffords, who suffered a catastrophic traumatic brain injury (TBI) nine months ago after being shot in the head. Earlier this week the congresswoman and her husband had their first public interview since the accident. The couple explained Gabby’s advances in the nine months since the accident, improvements that many doctors have described as “miraculous.” However, a few community members who have lived through TBIs in their own family have expressed frustration at what they are deeming a one-sided discussion of the actual recovery process.

In an article from Salon, one mother whose son suffered a life-threatening TBI claims that the reality of dealing with a TBI is much less hopeful or glamorous as described in most accounts of the Gabrielle Giffords story. The mother explains that nearly four years ago her then-fifteen year old son was hit by a minivan, thrown nearly sixty feet into the air, and landed on his head. He was unconscious when paramedics arrived, and his parents were told by doctors that they did not know what his quality of life would be after the accident.

The mother explains that unlike Congresswoman Giffords, her family has not near the resources to help their son recover. While Gabby is in intense therapy even now, more than nine months after the accident, her son was released from rehab after three weeks. He was essentially forced to make due on his own, claims his mother, and the road has been incredibly difficult. This was the case even though the family had two different insurance policies in place at the time. As our Chicago injury lawyers know, even families that are seemingly prepared for these emergencies find it difficult to find the necessary resources to provide the best care possible. In this case the mother was forced to learn how to help her son on her own. He arrived home with the emotional range of a three year old. He lacked the ability to understand the limits of his injury and he couldn’t communicate well with others, because the injury had adversely affecting his linguistic abilities (as with the Congresswoman).

While the story of Gabrielle Giffords can be used to raise awareness of all brain injury victims, our Chicago brain injury lawyers know that the real recovery for many families is much less glamorous. Most victims have no access to the resources that have been made available to help in the Congresswoman’s recovery. That is why we are proud to fight every day for these victims, ensuring that they receive fair redress for their losses such that they have the absolute best chance at getting their lives back to as normal as possible. This is not a radical idea. All community members should get behind the notion that those whose wrongdoing causes another to suffer a significant injury that has serious ramifications on their lives should be held accountable and required to provide support to help that victim get back to normal.

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Brain injury victims and their families often feel a sense of isolation following their injury, because they may not know anyone else in their situation. While brain injury support groups are slowly gaining popularity and sprouting up in new locations, it remains difficult for many victims to find access to this sort of aid. Part of the problem is that like many other specific injuries, the general public remains unaware of the scope of the problem. Awareness often comes only when an individual family is affected and forced to deal with the consequences of the injury.

However, a recent high profile example is changing that dynamic and drawing national attention to the difficulties faced by those with traumatic brain injuries. Most readers are likely familiar with the story of Congresswoman Gabrielle Giffords—the Arizona lawmaker who was viciously attacked at a public event. A deranged gunman shot the Congresswoman in the head before shooting many others, ultimately killing six people. Amazingly, the Congresswoman survived the attack, but she had suffered severe brain trauma. A long road to recovery lay ahead. As a story in the USA Today describes, it has been an incredibly difficult and emotional process.

After being stabilized, the doctors and Congresswoman began assessing the actual brain damage to see what the long-term consequences would be. In a preview of a new book about the recovery, the Congresswoman explained that when she tried to talk for the first time after the attack, she would only get out a jumble of sounds. Her husband wrote that at that moment, “she had just figured out that she was trapped. Trapped inside herself.” She wasn’t able to put words together until months later. When she did, she explained for the entire time she had a voice insider her head, but she simply couldn’t get it out.

The Congresswoman is in no way fully recovered. She has noticeable speech problems, and simple things like emphasizing certain words are difficult. Yet she explains that things are getting better every day, and she is confident that the trend will continue. Medical experts admit that her recovery, though far from finished, has been remarkable. They explain that with all brain injuries, it is virtually impossible to predict exactly how much permanent damage will result from the accident.

Our Chicago injury attorneys appreciate that the story of Gabrielle Giffords is one of immense courage and hope. The struggle that she has had to go through is shared by literally millions of Americans. According to the Brain Injury Association of America, roughly 1.7 million men, women, and children are currently working through the consequences of a traumatic brain injury. Many victims admit, like the Congresswoman, that it feels like an “invisible disability.” Advocates have previously referred to these injuries as a “silent epidemic.” Hopefully, the recovery of Congresswoman Giffords will serve as a starting pointing to increase awareness nationwide. The sad truth is that many victims of brain injuries, particularly severe ones, are rarely able to recover as well or as quickly as Giffords. Those victims need support and aid from all those in a position to help.

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On this space we often discuss legal cases involving brain injuries, advances in brain injury medicine, and share information about support groups for victims. Yet, our Chicago brain injury lawyers also realize that from time to time it is important to step back and provide basic information about these injuries, how they are treated, and how they come up in a legal context.

What is a Traumatic Brain Injury?

Traumatic brain injury (TBI) refers to all head injuries caused by sudden trauma. That trauma usually results when the head makes a violent collision with another object or the ground. TBIs often arise is sports, slips and falls, auto accidents, and similar events. This form of brain injury should be distinguished from degenerative brain injuries, like those characterized by dementia and Alzheimer’s disease.

TBIs exist along a spectrum of severity, with various consequences and symptoms for victims. Mild TBI leads t headaches, confusion, dizziness, vision problems, fatigue, sleep problems, mental slowness, and similar concerns. These symptoms may only last temporarily. However, more severe TBIs can have significant consequences. Severe TBI symptoms include vomiting, convulsions, unconsciousness, slurred speech, coordination loss, and numbness in the extremities. In all cases, it is absolutely crucial that medical help be sought as quickly as possible. When not treated properly, preventable damage can often worsen and lead to lifelong problems

What are the Available Treatments?

Most TBI treatment is focused on stabilization of the patient. That is because it is often difficult, if not impossible, for the initial brain damage caused by the trauma to be repaired. Oxygen deprivation to the brain is a significant caused of deterioration, and so much treatment focuses on ensuring that there is proper oxygen supply to the brain and body. In addition, blood flow must be returned to the organ with blood pressure properly controlled. In more severe cases, CT scans are performed to specifically understand that state of the victim’s brain. In that way, tailored treatment can be provided depending on the harm. That treatment often includes physical therapy, occupational therapy, speech assistance, psychology, social support, and similar aid.

What are Brain Injury Lawsuits?

When our Chicago injury lawyers refer to brain injury lawsuits, it actually includes a wide range of legal cases. Areas of the law and areas of medicine are not directly aligned, and so there is not always perfect overlap when discussing the legal implications of certain types of harm. In general, these cases are usually rooted in the law of negligence, either caused by misconduct in the community (like a car accident) or in the hospital (medical malpractice). In rare cases a different area of the law may be implicated by a brain injury lawsuit—such as products liability. When a product (including a pharmaceutical drug) causes a brain injury, the legal rules that apply to that situation would be different that those that apply to negligence. At the end of the day, though, all brain injury victims who suspect that their harm may have been prevented had another acted in a more reasonable way should visit with a legal professional to get tailored advice and learn if it is appropriate to seek legal recourse.

Continue reading " Traumatic Brain Injury Basics " »

Our Chicago brain injury lawyers have repeatedly explained on this blog how every brain injury is unique, and the ultimate effects that it has on the lives of victims varies tremendously. When someone suffers a broken arm, it is pretty clear what the consequences will be. They will have limited use of the arm while it is in a cast, and they may have certain vulnerabilities in the arm depending upon its healing. However, in the vast majority of cases the harm and ultimate outcome with the broken bone is the same.

That is not the case with brain injuries.

Instead, victims who seemingly suffer similar head trauma may have wildly different consequences. Some may have temporary problems that return to normal soon. Others may have significant personality, memory, communication, and functioning problems that last indefinitely. In many ways, medical professionals are still in the early stages of understanding the mystery of the brain and the effect of brain injuries. However, seemingly every day new information is being uncovered by medical researchers that offers guidance on why certain brain injuries have different effects than others. Hopefully this new information will lead to a series of improvements in currently available treatments for these victims.

For example, late last week US News & World Report discussed new research which revealed that the level of oxygen deprivation following a traumatic brain injury is a significant barometer of long-term disability and death for the victim. The new study was published in this month’s Neurosurgery and involved monitoring the oxygen supply in about one hundred brain injury victims. Out of that group, forty three had significant complications classified as resulting in severe disability, a permanent vegetative state, or death. The researchers found that the greater the decrease in oxygen supply (known as hypoxia), the worse the result for the patient.

It is important to note that this hypoxia effect was found independent of other factors. Therefore the brain oxygenation levels are clearly a significant an independent cause of poor outcome following a traumatic brain injury. This new information will likely affect current treatment for brain injury victims. The lead researcher of this latest study explained that “the results support a recent guideline revision calling for monitoring of brain oxygenation during intensive care for patients with severe head injury.”

Our Illinois traumatic brain injury lawyers know that this type research has implications on future lawsuits filed by brain injury victims. For example, once new information is uncovered about the best practices for a certain medical condition, then it may affect the reasonableness standard to which medical professionals are held. Most suits involving victims with these injuries are rooted in negligence law where the reasonable person standard (or a variation of it) applies. That standard is altered depending on the knowledge of a certain community at the time. In the medical community, if doctors change their practices to account for new information about treating an ailment, then that change will affect the legal analysis when a patient suspects that they did not receive the level of care to which they were entitled.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

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Car Accident Brain Injury Victim Works to Help Others

Motorcycle Passenger Dies from Brain Injury Suffered in Accident

Sports brain injuries continue to make headlines as local youth football and soccer seasons begin winding down for the year and hockey season picks up. Most blog readers know that the head trauma that often occurs in physical sports can lead to significant injuries for players. However, new research reported by the University of Rochester Medical Center today explains that even routine—seemingly non-traumatic—hits could actually cause injury. These brain injuries are a stage below what would be classified as a concussion. The research was originally reported in the journal Magnetic Resonance Imaging and stems from brain scans of high school football and hockey players. A close review of the scans have found that even subtle hits, less than would be caught in any concussion test, have real consequences on players. It is leading some medical experts to research further to better understand the effect that these prolonged hits might have on developing brains.

Researchers used a cutting edge image analysis technique to measure very subtle brain changes before and after players participated in games with head trauma. Specifically, the researchers use diffusion tensor imaging (DTI), which is similar to an MRI except that it captures coded quantitative data instead of images. While measuring that data the researchers found small but clear difference in the effect on the white matter in the brain of the young athletes.

The involved researchers explained that with further honing of the techniques, it may be possible to identify a specific point where there is real long-term effect on the athlete. For example, it may be uncovered that 20 hours of play in a particular game may be a tipping point where brain problems are found. It then maybe appropriate for coaches and others involved to limit the total exposure of athletes to the level of play which is found not to cause harm. These levels may also changes between age groups. The more research and data collected, the more professionals will be able to provide tailored advice to athletes and their families on the specific consequences of their playing certain games. This more personalized approach to brain injury is a particularly novel idea that has a lot of potential.

While the new information that continues to come out regarding the effect of sports head injuries on players should give pause to parents, of course it does not mean that the risk of all of these sports outweigh the benefits. Instead, our Chicago brain injury attorneys believe that this new research should be looked at from a balanced perspective. The fact remains that particularly physical sports have real consequences on the lives of players. The more information that comes out regarding more subtle harm should simply make it even more appropriate for extra steps to be taken by involved parties to keep players safe. In other words, all sports safety measures involve a balance comparing the intrusiveness of the safety steps with the harm that it might prevent. The more information that comes out regarding that actual harm, the more that balancing test should shift in favor of increased safety measures.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

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Thin Neck Collars May Prevent Sports Head Injuries

NFL to Train Referees to Identify Brian Injuries

Our Chicago personal injury lawyers were interested to learn that the NJ Times reported late this week on a bill that is pending before Congress which would have implications for a variety of individuals across the country, including Illinois brain injury victims. The director of advocacy for the Brain Injury Association of New Jersey published the editorial in support of the measure, which is currently languishing in the House of Representatives. However, advocates are hoping that more community members will take notice of the measure, contact their representatives, and urge that action be taken.

According to the story, the bill (H.R. 2600), known as the National Pediatric Acquired Brain Injury Plan Act, would create an evidence based system of care to help improve the current treatment available to many victims of traumatic brain injuries. It was crafted and proposed in recognition of the tremendous challenges facing many victims and their families. As explained in the editorial, many of these victims were harmed because of the misconduct of others or in tragic accidents while playing a sport or serving the country overseas. The truth is that any community member runs the risk of falling victim to a brain injury at some point in their lives, and it is important for all residents to ensure that these victims receive the best care possible.

This bill is intended to provide support and hope to those victims, something that our Chicago brain injury attorneys know they often lack. More specifically, the bill would address brain injuries in youth, creating a program for those under 25 (and all service members), to provide a continuum of care. That care would include everything from prevention measures and acute medical facility treatment to community reintegration assistance. In other words, the bill seeks to provide resources so that these injuries occur less frequently and that when they do occur, victims are able to recover and get their lives back on track.

The measure is needed, because brain injuries are no isolated problem. In fact, many organizations have explained how brain injuries are the leading cause of death and disability for American youth. According to the Centers for Disease Control and Prevention, more than three quarters of a million youth are affected every single year because of these injuries. More than 80,000 require prolonged hospitalization and 11,000 die. Clearly, these traumatic brain injuries are affecting many families in all parts of the country.

Summarizing the bill’s effect on victims, one brain injury advocate claimed that “The ultimate goal of the PABI Plan Act is to maximize recover, enhance quality of life, and ensure that American youth have the best chance to live productive and meaningful lives.” It is hard to disagree with those goals. According to proponents the bill would also not come with any major fiscal complications, and so the goals can be met will little side-effects. Right now a wide range of groups support the measure from both sides of the aisle. Both Republican and Democratic members of Congress are co-sponsoring the bill, military advocacy groups support the bill, and the measure has even received the support of the Heritage Foundation—a conservative think tank.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

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Car Accident Brain Injury Victim Works to Help Others

Motorcycle Passenger Dies from Brain Injury Suffered in Accident

Sports head injuries are a hot topic among child safety advocates. Most of the attention on the issue has been focused on helping athletes who play sports like football, soccer, hockey, and similar games. Obviously, our Chicago injury attorneys know that it is vital for those involved in these games to keep these players safe. Another youth and young adult pastime may also present significant risk of head injury, and it is getting less attention that that currently devoted to team sport athletes. Skateboarding injuries continue to affect many families across the area. Often families are unaware of the significant risks presented by these injuries—they can be fatal.

Just this week the Badger Herald reported on an advocacy campaign being waged by a family following the death of their son from a brain injury suffered after a skateboarding accident. According to the young man’s family, the victim enjoyed motorcycle riding and longboarding. He was always very careful to wear a helmet when he was on his motorcycle, but he did not always do so when on the board. One night several years ago he was on his longboard, when one of the wheels stuck to the underside of the board and sent him flying off of it at a speed of about 20 miles per hour.

The victim suffered serious injury upon hitting the ground. His skull was cracked completely across the back of his head, and his brain connected with his skull in at least four different locations. In the week after the accident, the young man’s brain swelled into his brain stem, making it impossible for him to perform basic functions (including breathing). The man went unconscious and ultimately died ten days after the longboarding accident.

Since the tragedy, the man’s parents have worked tirelessly to raise awareness about the possibility of suffering one of these head injuries. They believe that if more boarders wore helmets, then many of these situations would be prevented. The family eventually created a foundation with a main goal of passing out helmets to boarders in the area. The family hands out free helmets to all those who fill out a one-page contract promising to wear a helmet at all times. The group is part of a growing pro-helmet trend across the country in many fields from the boarding community and extreme sports participants.

The group has grown from a grassroots team to the largest of its kind in the United States. The foundation is now looking to sponsor longboard races in the hopes of sharing the pro-helmet message and delivering more safety products. So far the organization has given out over 3,600 helmets, but they hope to expand well beyond that total in the coming months and years. The founders know that there remain many participants in these activities that do not appreciate the dangers they face when they do not take the risk of head injury seriously.

Helmets continue to be one of the simplest ways for local resident to avoid falling victims to an Illinois brain injury caused by bike riding, skateboarding, longboarding, roller blading, and similar activities. The Chicago brain injury lawyers at our firm hope that more residents heed the warning presented by tragic cases like this one. The injuries occur frequently, have serious consequences, and often can be prevented.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

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Walk Draws Crowd to Raise Awareness for Traumatic Brain Injuries

Soldiers Brain Injuries from Blasts in Afghanistan Take A Toll

Brain injury victims and their families need support. In ways that cannot be compared with other injuries, the victims of head trauma often have their lives turned upside down, affecting all those around them. It is one thing to suffer broken bones, cuts, or other problems that have physical consequences for the victim. It is another to suffer mental problems such as changes in memory, personality, communication, and other life skills. It is not an exaggeration to say that many families have reported that their loved one often seems like a “different person” after their injury. The changes can be tough to deal with, and as with other tough situations, it is often helpful to have the support and camaraderie of others who have gone through the same thing.

But, as our Chicago brain injury attorneys have previously discussed, it is often difficult for the victims of these injuries to find the resources they need to help deal with the situation. Support groups are few and far between. That is why our Chicago injury lawyers were pleased to read this week in the Meridian Booster about one brain injury support group that is recently celebrating its Twenty Fifth Anniversary. The Lloydminster and Area Brain Injury Society (LABIS) gathered this week to honor the occasion—marking a quarter century of providing support to victims of these injuries and their families.

According to the report, 60 people made it to the event, which featured a keynote address by one brain injury victim who explained the multitude of challenges he has had to overcome since his injury. The current executive director of the organization was also honored for her ten years of service to the group. One of the brain injury support group’s founders was on hand to receive an award as well. It was explained that the founders started the body after having family members who suffered head trauma. The duo began running a recreation program for all those in the area who had suffered brain injuries. Initially the organization provided these services once a week. However, the popularity of the activities continues to grow, and now the group provides three days of recreational activities every week. These activities are free for participants and funded by government grants and fundraising. Besides helping the injury victims, the programs are also intended to provide respite for the victim’s caregivers.

The interaction is seen as an important part of the healing process for victims. The group’s executive director explained that “it gets them out with their peers and out into the community. It’s social recreation with a rehab component.” The Chicago personal injury attorneys at our firm know that it takes a community to recover fully from many brain injuries. We honor this organization for its longevity and hope that many other groups follow suit. It is particularly important for those hurt by the wrongdoing of others to know that resources are available to seek accountability, provide personal support, and in other ways help the victims get on with their lives.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

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Brian Injury Lawsuit Filed After Bridge Accident

Construction Accident Causes Brain Injury

According to This is Plymouth, a new brain injury lawsuit was recently filed by a man after a fall at a hotel left him fighting for his life. According to the report, the victim was visiting a room in the hotel with his partner. The victim was walking down outside stairs from the second to the first floor of the hotel. He was at the top of six steps when the man fell and hit the concrete below. Per documents filed with the court initiating the claim, the victim claims that the hotel floodlights were not working properly, making it impossible to see the steps. In addition, a handrail was apparently not installed, a hose was lying across the stairs presenting a tripping hazard, and slick, wet leaves had accumulated on the steps.

As a result of the accident, the man has been left with sensory and memory problems. Doctors also explain that he is at risk of developing epilepsy and dementia as a result of the significant head trauma he suffered in the fall. All told he needed two major operations, had a titanium plate inserted into his head, and required months of rehabilitation. Following the accident and its aftermath the victim was unable to continue working as a quality services manager.

As this case demonstrates, the consequences of these injuries are far reaching. Many victims are ultimately unable to continue working as they did before, either because mental or physical complications from the injury prevent them acting as before. Of course, losing one’s job is a significant injury, and victims often spend years trying to get their lives back to working as it was before the loss Often the full scope of consequences of these accidents is not appreciated by community members until they or a loved one is forced to deal with it themselves.

Beside car accidents, falls are the second biggest cause of brain injuries in our area. As in this case, it does not necessarily take a fall from a significant height to cause significant damage. Here the man only fell down six steps. However, depending on the material and the specific parts of the body in which contact is made during the fall, the results can be serious. Some community members may also have particular vulnerabilities to falls. For example, many seniors have medical conditions which may make them at risk of suffering greater injury from a fall than others might have suffered. In virtually all civil matters, a legal principle known as the “eggshell plaintiff” rule would apply in these situations. That means that the negligent party takes the victims as they are, not as a “normal” victim would be. In other words, if an elderly person is seriously injured in a short fall that may have been harmless if it happened to a young person, the party responsible for the fall is still required to pay for the damages actually suffered by the elderly victim. It is irrelevant that the damage was greater specifically because of the victim’s unique vulnerabilities.

Our Chicago injury lawyers know that getting basic emergency medical care is only the beginning of the recovery process. With many brain injury victims, that recovery process lasts a lifetime. Whenever one is injured in one of these accidents which could have been prevented had others acted properly, they should get in touch with out brain injury lawyers to learn about how the law applies in their situation.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

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Bike Struck By Car Recovers $675,000 in Brain Injury Lawsuit

Levin & Perconti Recover $975,000 in Wrongful Death Case Resulting from Fall from Balcony

Many local residents who have suffered Illinois brain injuries have explained that the consequences of the injury are mysterious, long-lasting, and stressful. Every brain injury is a bit different, but they all usually affect its victims in ways that make their own lives and the lives of their families much more complicated. To deal with the injury and its aftermath, it is very important for victims to have access to support services that they need filled with individuals who understand what they are going through. Yet, access to those services is actually harder to obtain than many might first suspect.

That is why one local mother it taking things into her own hands. According to Commercial News, the Danville woman first learned about the life-changing effects of brain injuries ten years ago when she and her son were involved in a car accident. The mother was taking her son to school on that fateful day ten years ago in early January when her car skid on black ice, she lost control and the vehicle careened off the road and into a tree. The son in the backseat suffered significant facial and head injuries. CT scans of the boy’s head revealed early on that he had suffered significant head trauma. He ultimately required five months of intensive physical, occupational, and speech therapy.

The family soon discovered that the damage done to the boy’s head had dramatic changes on his life—his personality, emotions, behavior and judgment we all altered. Many victims will have symptoms for the rest of their life. For example, the boy in this case—now a recent high school graduate—will have problems showing appropriate emotions, has impulsiveness issues, cannot work with numbers, and can become overwhelmed with overstimulation.

As the mother explained, brain injuries cannot be seen by the naked eye, so it is sometimes hard to understand exactly what a victim is dealing with. The effects on the victim’s family are also underappreciated. The mother in this case was actually diagnosed with post-traumatic stress disorder after the accident. She explains that she still feels guilty about the accident, even though there was nothing she could have done to prevent it. The victim’s mother explains her own life was forever changed in the aftermath. Yet, she is working to help others deal with the stress of these situations. She is sponsoring a support group for caregivers of traumatic brain injury victims.

Continue reading " Local Mother Starts Illinois Brain Injury Support Group " »

Illinois sports injuries continue to affect athletes across our area. Football, hockey, boxing, and soccer injuries in particular are often serious and frequently the injuries affect the head, neck, and brain of athletes. Much more awareness has been raised as of late regarding these injuries, particularly concussions. As the long-term consequences of brain injuries are uncovered and the dangers of not treating them becomes clear, it is becoming more and more necessary to take steps to keep athletes safe.

When young athletes are involved, it is particularly important for coaches, officials, trainers, school administrator, and other involved parties to keep players safe. A central aspect of that safety effort is ensuring that head injuries are properly diagnosed and players are taken out of the game when they arise. Rest is one of the key components of brain injury recovery, and players are placed in serious risk of long-term harm when they are exposed to more head trauma after already experiencing an injury. Yet, beyond ensuring proper rest, many scientists are also working on designing ways to prevent these injuries for developing in the first place. One of the newest ways that this prevention might be accomplished is through use of neck bands and collars.

The Star News reported on the story noting that the simple device may ultimately prove to become an indispensible piece of safety equipment for many athletes. The researchers who developed the product explain that a collar no tighter than a set of headphones can be worn around athletes necks during a game, essentially creating a skull “airbag” which may cushion the brain from blows that otherwise would cause a concussion. The news is a huge departure from most sports safety equipment trends.

In the past the approach to preventing injury mostly led safety manufacturers to develop larger, more robust devices with increased padding. However, as scientist note, the changes to things like helmets have largely been unhelpful at preventing brain injuries like concussions. While helmets prevent the skull itself from being cracked or otherwise being injured in a collision, it does nothing to prevent the brain from moving about within the liquid cerebral fluids and blood in which it rests. It is this brain movement that injures most athletes.

Yet this new device would be different in that it actually provides cushion within the player’s head. This is done via slight constriction of the neck. The constriction narrows the internal “jugular” veins that drain blood from the skull. This “fills up” the liquid pool in which the brain rests, preventing brain movement and therefore preventing concussions. The constriction needed to provide the benefit is not much—merely like wearing a tight collared shirt.

Our Chicago brain injury lawyers were encouraged to read about this latest development in sports safety. Anything that may prevent sports brain injuries is a good thing that should be explored and used by those in a position to keep athletes safe. While some games will always have inherent risk factors, many of these accidents can and should be prevented.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

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Pediatricians Say Boxing Not Safe for Kids & Teenagers

Former Illinois Athlete Files Brain Injury Lawsuit Against Eastern Illinois University

Brain injuries can wreck havoc on the lives of their victims, not least of all because potential cures are few and far between. Our Illinois brain injury attorneys know that unlike other injuries, much mystery surrounds most brain injuries, and many victims have a difficult time coping with the effects that the harm has on their lives. For example, this weekend The Telegram reported on one family that admitted they are having a hard time finding the support they need to get on with their lives after the injury.

The family’s trouble began when a 50-year old father of three fell over a step earlier this year, suffering a severe cut on the head and internal bleeding on the brain. The injuries were serious, and surgery needed to be performed to relieve the pressure on the brain caused by the internal bleeding. However, the surgery was not able to prevent complications from developing. Since the accident the man has had memory problems and is often confused. He is now a permanent wandering risk, and can virtually never be left alone, otherwise he risks hurting himself. Because he is single and all his children are under the age of sixteen, the man’s sisters were required to move him into an assisted-living facility, because they could not ensure his safety if he lived alone.

Unfortunately, most of the other patients at the assisted living facility were older individuals with Alzheimer’s and dementia. Upon living at the facility the man’s condition actually deteriorated. He began mimicking the residents. His family let his caregivers know that they were concerned that the victim was not getting any mental stimulation and that his recovery was affected as a result. The man was eventually able to be transferred to a different ward where he is allowed more freedom. His condition seemed to be improving , but he recently suffered another fall and hip fracture that require even more rehabilitation.

The family has voiced their concern that there is no proper location for this recovery where he can be placed among his peers. Long-term care facilities for seniors are rarely an appropriate location for young residents with brain injuries to receive therapy. The family wants the man to receive actual therapy in an effort to stimulate his mind and return some of its function. However, as of now the family has not been able to access the therapy services they need.

Our Chicago injury attorneys know that Illinois brain injuries are some of the most tragic accidents affecting local residents, because the consequences are very difficult for entire families to deal with. In many cases, these injuries are caused by the misconduct of others. They are caused by unsafe drivers, falls while on unsafe premises, and preventable sports injuries. When another person or business is negligent leading to the injury, it is reasonable for the victim and their family to pursue legal action to ensure that the victim will have access to all the medical and rehabilitative services possible to recover.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

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Car Accident Brain Injury Victim Works to Help Others

Motorcycle Passenger Dies from Brain Injury Suffered in Accident

MSNBC reported last week on a unique complication affecting some brain injury patients. One brain injury patient’s story was shared. The man was lying in his hospital bed when he demanded to know whose arm was in the bed with him. The man would pick up the arm and try to throw it off the bed only to have the arm come back and hit him in the chest. The victim had no idea that the arm was his own.

As the American Academy of Neurology fellow who was working with the patient explained, the victim was suffered form hemispatial neglect. One of the symptoms of this neglect is that patients become unaware of all happenings on one side of their body. The side of the body where awareness is lost depends on the part of the brain that is injured. There is “cross wiring” in the brain, so that injury to the right side of the brain affects the left side of the body and vice versa. While the damage could occur on either side, almost all cases of hemispatial neglect affect patient’s left side. This is the case, doctors’ suspect, because the right side of the body has visual information processed by both sides of the brain. Therefore, if there is damage to the left side of the brain, the right side can compensate.

Any type of brain damage can result in hemisptial neglect. The patient in this case was a stroke victim, but traumatic brain injury victims, those with tumors, and even degenerative disease sufferers have had the same problem. Our Chicago injury lawyers know that this sort of damage can have profound impacts on the lives of victims. The brain processes visual information in three ways. One form allows the brain to know what it seen, another tells the brain where the thing in sight is located, and then that information is combined with information fromm another part of the brain telling the brain what the object is. If any of those pieces is damaged as a result of a brain injury, then the individual has difficulty interacting with their environment.

It is not an overstatement to say that the human brain remains the most mysterious object on the planet. Our most advanced scientists are only beginning to unravel the mystery and complexity of the organ. As a result, there remain precious few medical treatments that allow victims of brain injuries to fully recover. The most seriously injured often never recover. That is why our Chicago brain injury attorneys urge all community members to remain very cognizant of their actions to minimize potential brain injuries. Of course there are times when things happen which could never have been prevented. Yet, many brain injuries, particularly those caused by blunt head trauma, are the result of the careless actions of another. In those cases, victims can receive compensation for their losses from the wrongdoers. Please visit our office to learn how we can help you receive the timely redress to need to help in your recovery.

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Facts on Traumatic Brain Injury

Personal Injury Lawsuit Filed After 15-year old Injured During Deliveries

The Chicago brain injury attorneys at our firm have worked with local victims whose head trauma resulted from a wide range of incidents. Brain damage can be caused by oxygen deprivation—such as during a birthing error—or when a victim suffers severe head trauma. One of the most common ways that an adult suffers head trauma is after a fall.

That appears to be what happened in the case of one college student who was recently awarded $4.1 million by a jury following a brain injury lawsuit. As reported in Commercial Appeal, the award was a long-time coming for the plaintiff, who is now thirty years old. He was injured when he was at a school-sponsored event in 2005. The student was at a senior art exhibit at an art gallery near the school when the accident occurred. The university had rented the gallery to display student artwork. Many questions remain about the accident, because there were no witnesses and the victim has no recollection of the accident. All that is known is that there was an open elevator shaft on the first floor of the gallery. The young man was found moaning at the bottom of the shaft after falling at least fifteen feet from the first floor to the basement.

Following the accident the victim was forced to have a large section of his skull removed to allow the swelling in his brain to subside. He was forced to wear a helmet to protect his head from further injury. The man’s life has still not fully gotten back to normal. Once a promising art student, he now struggles to complete his artwork as before. He filed the elevator accident lawsuit after his recovery was underway, and the jury in the case recently decided in his favor.

Both the university and the gallery owner shared blame for the tragedy. Our Chicago brain accident lawyer knows that this joint liability is common in many tragic accidents where multiple causes combine to lead to the injury. While the man in this case should eventually receive the sum awarded, the legal wrangling around this case is not concluded. There is a second phase to the case that will be heard soon related to an indemnification agreement between the university and the art gallery. Specifically, the art gallery owner is contending that the university signed an indemnity waiver when renting the space which requires the university to pay the art gallery’s portion of the award. The jury had determined that the university was 65 percent at fault, the art gallery was 30 percent at fault, and the victim was 5 percent at fault. In the trial’s second phase, the judge will decide if the indemnity clause was indeed agreed to and whether or now it applies in this situation.

Our Chicago injury attorneys are glad that this victim will likely receive the compensation he needs to pay for past medical problems and get on with his life as much as possible. However, as they second phase of the case demonstrates, it is often a long, drawn-out and arduous process before victims finally receive the redress to which they are entitled. Hopefully the resolution can be reached as quickly as possible.

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Walk Draws Crowd to Raise Awareness for Traumatic Brain Injuries

Soldiers Brain Injuries from Blasts in Afghanistan Take A Toll

New information reported by My Health News Daily presents somewhat mixed news about efforts to protect children from head injuries. The publication explained the results of a new brain injury study which found that the number of children hospitalized for head injures has decreased in recent years. Of course, this is good news for all advocates who understand the dangers posed by brain injuries and the lifelong consequences that the damage can have. However, at the same time, the rate of death from head injuries has remained the same.

Overall, this may mean that parents, coaches, teachers, day care providers and others are doing a better job of preventing these harmful injuries. But the results also show that even the increasingly aggressive treatments used by doctors to save the lives of victims are not working all that well to keep victims alive. Also our Chicago brain injury lawyers were troubled to read that the research found that African-Americans and newborns are at an increased risk of dying after suffering a head injury. There are likely a mixture reasons for the age and racial disparities in these figures. Those involved in this latest study claim that more work is needed to understand why the disparities exist which will in turn will allow those involved to work to improve awareness in the target groups. The study’s chief explained that the increase exposure of the age and racial differences “the better able we are to tackle and prevent these injuries.”

The study, which was published in the American Academy of Pediatrics, analyzed a database to identify children who were hospitalized for traumatic brain injuries over a recent three year period. Children who suffered a variety of head injuries were included in the research, from concussions to severe bleeding on the brain. There were roughly 175,000 total injuries identified, and the yearly totals decreased over the three year study period used. Researchers believe that this is attributable to increased awareness about the dangers of head injuries, causing caregivers to ensure safety measures were followed more closely. For example, the increased use of bicycle helmets among children may have played a key role.

Yet, the mortality rate for these injuries remained the same—around 3.5 percent. The most serious head injuries were typically those caused by being hit by a car, falling, and bike accidents. In the most serious cases, victims require emergency head surgeries, including craniotomies where a part of the skull is removed. In total, newborns were 2.8 times more likely to die from their injuries, while African-Americans were 1.4 times more likely.

Unfortunately, even when parent do everything in their power to keep their children safe, they still suffer a head injury. Our Chicago injury lawyers know that oftentimes these injuries are caused by the negligence of third parties. When that occurs, be sure to get in touch with a legal professional to ensure that your child’s legal rights are respected. The legal system allows victims to receive compensation for their losses, so children can have access to the resources they need to recover as much as possible.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

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Lawsuit Filed After Inmate Suffers Brain Injury

New Technology Aims to Help Victims of Traumatic Brain Injuries

Since it is football season, much attention has recently been paid to sports head injuries, particularly those that affect younger football players and similar athletes in contact sports. Of course the problem extends well beyond child and high school players. In fact, with the increased size and physicality of the games among older players, the potential harm caused by head trauma increases for players in college and professional leagues. It remains just as important at these advanced stages for those involved in the games to do everything in their power to keep players safe.

Fortunately, even at the highest levels steps are being taken to ensure that those watching the athletes are aware of the risks of brain injuries. For example, the Washington Post reported yesterday on new efforts by the administrators at the National Football League (NFL) to educate officials to better notice concussion-related symptoms. As it often the case with these types of changes, the effort was spurred by a scary incident involving a professional player in a game earlier this season.

In late October, a San Diego Chargers lineman suffered a strong hit and concussion when he collided with a linebacker late in a game. The impact and injury sent the lineman staggering around the field. However, no one seemingly noticed his condition and he staggered back to the huddle without leaving the game. Of course concussions require proper rest and rehabilitation. It remains incredibly risky for players who have suffered concussions to keep playing a game with physical contact. Serious short-term and long-term harm often results. After the game, the Chargers player in this case collapsed on the plane ride home. He also suffered a seizure before he was stabilized.

Our Illinois brain injury attorneys know that frequently these sports-related injuries could be prevented if those involved in the game take steps to ensure proper rest for those who have suffered concussions. In this NFL case, an official saw the behavior of the player after the concussion, but the NFL does not yet have any plans in place to train officials to recognize the possible harm and take action. That may now change.

NFL officials are now working to improve the monitoring system to prevent another dangerous situation from occurring. Part of that effort will involve better training of officials to recognize the symptoms of concussion. They referees will then be able to take action to protect the player from potential harm. NFL teams all have physicians on the sidelines who are supposed to catch these situations. However, the physicians’ location on the sidelines often make it difficult for them to see everything that goes on in the game. If a player suffers a serious hit leading to significant head injury, but returns to the huddle, the doctor may never know. That is exactly why more involved individual, like officials, need to be properly trained to spot these issues. This is a principle that should be followed at all levels, from the professionals down to games involving the youngest players. Proper training does not require too much time or resources, but it could end up saving a life.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

See Our Related Blog Posts:

Pediatricians Say Boxing Not Safe for Kids & Teenagers

Former Illinois Athlete Files Brain Injury Lawsuit Against Eastern Illinois University

Our Chicago brain injury attorneys have often shared information about many serious brain issues that can affect newborns, such as cerebral palsy. Cerebral palsy is not a specific condition, but it is instead a catch-all term used to describe a variety of problems caused by brain problems—virtually all areas of functioning is affected by the problem. When an infant suffers this brain damage, their life is unquestionably altered forever. The seriousness of the problem makes it obvious that everything possible should be done to prevent these injury from arising. Failure on the part of medical professionals to prevent a brain injury from developing at birth is generally grounds for a lawsuit. The civil justice provides an avenue by which the victims and their families can have accountability.

Through the years our attorneys have helped many families file Illinois medical malpractice lawsuits after their young children have developed a preventable brain injury because inadequate care was providing by their medical professionals. Demanding accountability has helped these families ensure that their children have the resources they need to get by each day. Yet, all families, if given the choice would certainly have preferred for their young child to never have developed the brain condition in the first place.

Prevention is always preferable. That is why medical researchers are working to develop new ways to protect children from the often degenerative effects of brain injuries. In fact, just today a new story was shared that information development in efforts to help victims of childbirth brain injuries (like cerebral palsy) as well a variety of other brain issues. Medical Express published the story today, explaining how scientists have recently been halted the development of cerebral palsy-like brain damage in a group of test mice. Washington University School of Medicine researchers conducted the study, using a protein to stop the spread of brain deterioration in the test animals with head injuries.

Specifically, the professionals used a protein known as Nmnat1 to protect brains in mice in a test designed to mimic brain development in newborns. The protein was tested by genetically engineering certain mice to produce an abnormal amount of it. Then, the scientist waited and compared the level of brain deterioration between control mice and those in larger quantities of Nmat1. The beneficial results were seen right away. After only six hours, those mice with enhanced protein levels had noticeably less brain damage when compared to those with normal levels of the protein. The long-term benefits were similarly strong. After a week, the engineered mice experienced less damage to brain areas which usually lead to cerebral palsy problems. The benefits of Nmat1 may certainly help prevent cerebral palsy. But that is just the beginning. The research may ultimately help medical professionals prevent deterioration in a wide range of brain degeneration situations—such as those following strokes and in Alzheimer’s and Parkinson’s patients.

Of course, the medical research represents just the beginning of understanding the protein’s role in preventing brain damage. Those involved with the study are not yet sure why the protein works. More research will be needed to pin down an answer to that question. Currently, they are speculating that it work by inhibiting a powerful neurotransmitter known as glutamate. When a brain cell is damaged it produced glutamate. That production often over stimulates nearby brain cells, ultimately killing them. In this way, brain damage often gets worse. However, if the protein is capable of inhibiting glutamate, then the degeneration may be halted. This may have profound implications for all those who suffer from brain damage. Our Illinois injury attorneys know that even though there remain work to be done on these issues, this latest research is a very positive development which may ultimately prevent harm and improve lives of area residents.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

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See Our Related Blog Posts:

Understanding Cerebral Palsy

Birth Injuries Often Have Lifelong Consequences

The Mail-Tribune reported late last week on a new brain injury lawsuit that has been filed by the mother of a teen athlete following a football head injury. According to reports, the mother claims that her son was playing in a junior varsity football game for the local high school when he suffered a concussion. The boy, a sophomore at the time, was hit hard in the first quarter and then again in the second quarter. The teen was shaken up by the incident. He told his coaches that he thought he had suffered a concussion. However, those charged with looking out for the player’s health—coaches and administrators—failed to act appropriately in response to the injury. They were playing their cross-town rivals and did not want to lose their player, so the boy’s coaches sent him back into the game. He was told to “try to stick it out.”

Eventually, after going back into the game, the player was hit hard again. This time as he was going back to the sidelines he collapsed and began to have seizures. He also began to vomit. An ambulance was called and the child was rushed to a nearby hospital. He had suffered a serious sports head injury. When he arrived at the medical center he was sent to intensive care and eventually placed in a medically induced coma. As a result of the trouble the now seventeen-year old teen suffered severe brain damage. He had suffered multiple concussions, including a “Grade 3” concussion. He also was diagnosed with post-concussive prolonged seizures, cognitive changes, sensitivity to light, vertigo, headaches, and a variety of other daily symptoms. Doctors have repeatedly explained that the overall injuries are permanent and will have a lifelong impact on his life.

The suit filed by the victim’s mother following the incident alleges that the involved coaches were negligent in failing to recognize the boy’s injury and demanding his removal from the game. At the very least, claims the suit, the coaches could have had the child examined by the qualified athletic trainer that was on the field and available at the time of the injury.

Sadly, accidents like this continue to happen, even though awareness of the dangers of concussions has increased steadily. No longer can coaches and administrators claim that they simply didn’t know that a child suffered a concussion. Particularly in sports where there is contact—like football, hockey, soccer, boxing, and others—it is incumbent upon coaches and administrators to ensure proper screening procedures are in place so that those injured received the treatment and rest they need.

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