Chicago Brain Injury Lawyer Blog

Late last week Seacoast Online published a heartwarming story that shares the struggle that many brain injury victims go through on their road to recovery. The story highlights the case of one man, a musician, who claims that his love of music provided a path to his recovery. Our Chicago brain injury lawyers are aware that there is still much to learn about recovery from these injuries. Pinning down best practices in brain injury treatment remains a mystery to many medical researchers.

The man in this story was a 34year old budding musician when his life was forever changed by a brain injury. At the time he was playing various clubs in New York City on a daily basis. One night, in the middle of a performance, he suffered a stroke on the stage—caused by a malformed blood vessel. He was rushed to the hospital where doctors did everything they could to save him. His prognosis remained unknown and his pregnant wife was told that even if he did survive, “there won’t be much left of the man you know.” This is a common issue with all brain injury victims because, unlike other injuries, brain damage has the ability to permanently alter so many aspects of a person, including their personality.

Fortunately, the man did survive, and in an inspiring presentation to a local brain injury organization, he explained how recovery worked in his case. He admits that his recover was not easy or without complications. Shortly after the stroke he developed multiple infections, one of which led to meningitis. In addition, he was faced with seizures and at one point was put in an induced coma. He ultimately spent months in intensive care. For much of that time he had trouble sitting up, swallowing, or moving in any way. The family explains that doctors were pretty negative overall, hoping to not give the family any false hope that he might improve.

At first the man had no short term memory and struggled to connect with his surroundings. However, very slowly, he began recovering. He began feeling emotions again, regaining his memories, and re-learning all the basic skills he had lost. The man credits his love of music as an integral part of his recovery. He always tried to stay positive, even in the face of crushing odds. In fact, his recovery has been documented in an award-winning 2009 documentary entitled “Life. Support. Music.” He now spends his time traveling across the country to help inspire those who are still in the midst of their own brain injury recovery.

Each Chicago brain injury lawyer at our firm has worked with families facing these same situations. We know of the extreme emotions involved in working so hard to help a family member see improvement, only to face setback after setback. The situation is made even more unbearable when resources are not available to ensure that the victim is given the best chance possible. Many therapies and treatment options may actually work, but they are of no use if families do not have the funds to have the help they need.

See Our Related Blog Posts:

Study Questions Efficacy of Military Brain Injury Treatments

Brain Injury Therapy Available for Iraqi War Veterans

The Register-Guard reported last week on a new brain injury lawsuit that was filed by a father against a hospital on behalf of his injured adult daughter. The medical malpractice suit makes claims that the doctors involved in the care of his daughter did not act properly when caring for the woman after she had suffered a stroke. As a result of their inaction, alleges the father, the woman suffered a permanent brain injury that will affect the rest of her life.

The incident occurred a year and a half ago when the woman went to the hospital claiming that she had suffered a seizure, was nauseas, was vomiting, and had a four-day long severe headache. Unfortunately, the medical professionals at the facility she visited did not provide much care. She received some treatment and was sent home the same day.

Her problem did not go away. The very next day she went back to the hospital with more problems. The seizures had continued, she found herself unable to response to other normally, her jaw was clenched, and she could not move the left side of her mouth properly. It wasn’t long before tests revealed that the woman had suffered a stroke. At that time she underwent emergency treatment, but her injuries cascaded. According to the suit she “sustained a profound, disabling, permanent brain injury.” In the aftermath of the incident the woman required multiple surgeries and was in the hospital for almost half a year.

According to the suit that was filed in the aftermath of the situation, had doctors provided appropriate care when the woman first went to the emergency room, then much of her subsequent injury would have been avoided. As a result of the error the woman racked up more than $1.5 million in hospitals bills. She is expected to have another $5 million in bills for the medical expenses that she will need the rest of her life. Of course, that is not even accounting for the severe mental and emotional pain that has been caused by the situation. The lawsuit is seeking recovery for all of those losses.

Our Chicago brain injury lawyers understand that most of our discussion on this blog revolves around traumatic brain injuries. Strokes are not traumatic brain injuries, and they are not caused by severe trauma to the head—like those in car accidents or falls. However, the damage that can result to the victim is just as damaging. There are few cases where things like strokes can be directly attributable to the negligence of another. Doctors involved in the care of the patients are obligated to provide reasonable care in the aftermath of a stroke. In addition, if a patient visits a medical professional exhibiting signs of stroke and the doctor fails to notice or act appropriately, then the caregiver may have acted negligently.

Unlike traumatic brain injury cases, those involving failure to provide proper care in a hospital is a form of medical malpractice. Somewhat different rules of law usually apply in medical negligence cases. However, in the end the root problems in the same in all of these brain injury suits—another party did not act reasonably, which caused the victim to suffer brain damage.

See Our Related Blog Posts:

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

Gulf Breeze News discussed a new brain injury lawsuit this week. The suit was filed by a mother on behalf of her son who suffered brain injuries while playing youth football. The lawsuit names both the sports association which sponsored the football game and the makers of the football helmet, Riddell. According to those documents filed with the court, the mother claims that the helmet that her son was wearing was defective and that the association responsible for checking the equipment’s safety failed to do so, leading to his injury.

The 14-year old victim was in eighth grade when he was playing the game late one summer a few years ago. Apparently the boy was in the middle of a kickoff return—where players from both sides are running full speed at one another—when he took at particularly vicious hit from an opposing player running at top speed. The boy was slow to get up, but he eventually made it back to the sidelines. However, as soon as he got there his head began to ache. He took off his helmet and should pads and lay on the sidelines. The boy explained, “Everything got blurry. My headache was 100 times worse than any headache I’ve ever had.”

It wasn’t long before coaches and parents realized the boy was in serious trouble. An ambulance was called and he was rushed to the hospital where he underwent immediate surgery. Doctors discovered that the boy brain’s had shifted to the left causing it to hit the side of his skull. This led to bleeding on the brain. The child ultimately required removal of part of his skull to relieve swelling and the insertion of tube to drain blood. The child was fortunate to have survived the traumatic brain injury, but he didn’t end up unscathed. He faces a lifetime of disability which will result in physical impairment and mental problems.

After seeking out legal help to understand exactly what happened, investigations have revealed, claim the family, that the helmet did not provide sufficient support and protection. The lawsuit alleges that the interior lining of the helmet was supposed to inflate to prevent serious contact, but that inflation did not occur as designed. Questions are also being raised about the overall design of manufacturing process for the helmet, which the family alleges contributed to the harm.

Our Chicago brain injury lawyers have written extensively about sports-related brain injuries over the past few months. Hopefully the increased nationwide awareness of these issues will help to ensure reasonable steps are taken by those in a position to do so to prevent harm to young athletes. Illinois brain injury lawsuits are appropriate in these contexts when parents or other involved parties believe that others failed to take reasonable steps which could have prevented serious harm to an athlete.

This case—of defective equipment—is one common way that an injury can occur because of negligence. Another of the most basic mistakes might be the failure to recognize that a child is injured and needs to come out of a game and rest. Second impacts to the head following a concussion that has not properly healed can be particularly damaging. All those running these leagues must be aware of that risk and guard against it properly.

See Our Related Blog Posts:

“Big Hit, Broken Dream”—Brain Injury Documentary Highlights Seriousness of Concussions

Start-Up Company Focuses on Combating Youth Sports Concussions

A story this week from Summit Health Sciences began with the provocative title “Concussion Breakthrough?” As we reported yesterday, concussion research—particularly in the sports context—is receiving a large push from advocates hoping to prevent their occurrence and limit deadly subsequent head injuries. Our Chicago brain injury attorneys understand that the focus of most research is not necessarily on concussion prevention. It is a bit unrealistic to assume that there will not be physical contact sufficient to cause a concussion in the midst of certain activities. Of course protective gear and rule changes can be implemented to try to limit the chance of traumatic contact, but these efforts are not realistically going to drop the concussion rates to zero. This is no different than conceding that we cannot stop every single car accident and the potential for a traumatic brain injury resulting from them.

However, much focus has been given to the best ways of actually identifying concussions and providing proper treatment. At this point, the young athletes’ health can best be protected not by taking away all chance of suffering a head injury, but by ensuring that the injury is not aggravated and that necessary treatment is received.

The apparent “concussion breakthrough” is similarly geared toward reducing the harm cause by the injury.

The breakthrough refers to a newly approved antioxidant product that claims to immediately increase the level of uric acid in the human body. It is suggested that this indirectly strengthens one’s immune system and prevents the build-up of dangerous free radicals. The maker of the product is arguing that there is evidence that a significant portion of damage from traumatic brain injuries (including concussions) is caused by oxidative stress or inflammation of the brain. Proponents of the natural product argue that anything that reinforces the immune system to combat brain inflammation may go a long way to minimizing brain damage following one of these injuries.

The makers of the product are apparently working with a major university of a study the effects of the product in relation to brain injuries. The lead researchers explained, “We cannot prevent concussions, but our scientists believe that a stronger immune system can significantly reduce the recovery time and minimize the overall damage of these injuries.”

While all possible efforts to improve the well being of injury victims should be encouraged, our Illinois traumatic brain injury lawyers realize that certain things have to be taken with a grain of salt. While natural remedies such as this may very well be found to have some real effect on recovery and treatment for victims, it is important not to exaggerate the apparent benefits. At the end of the day we have to rely on our expert medical researchers to continue delving into the mysteries of the brain to determine exactly how to prevent deterioration and encourage improvement. As with anything, it is important to separate the claims of those with a financial incentive in a product to the product’s actual ability to help in the way that it is intended.

See Our Related Blog Posts:

Thin Neck Collars May Prevent Sports Head Injuries

NFL to Train Referees to Identify Brian Injuries

The Daily Breeze reported earlier this week on a new documentary on the dangers of traumatic brain injuries—particularly concussions—that is hoping to coincide with the fervor of Super Bowl season. Each Chicago brain injury lawyer at our firm has become familiar with the dangers of sports-related brain injuries, most notably those affecting young athletes in sports like football, hockey, and soccer. There has been much attention devoted to these issues over the past couple years. However it remains unclear if that attention has trickled down to those who are most in a position to prevent the injuries from occurring or ensuring that they are properly treated.

That is where the documentary comes in. The creators are hoping to use the film to truly hammer home the seriousness of the issue to parents, coaches, school administrators, trainers, and the young athletes themselves. The documentary push is being spearheaded by CNN’s chief medical correspondent Dr. Sanjay Gupta. Entitled “Big Hit, Broken Dreams,” the film is scheduled to air for the first time this Sunday. There will be three different showings—5pm, 8pm, and 11pm—so hopefully many will get the chance to watch the material and arm themselves with vital safety information about this very real concern. The documentary apparently focuses most on football, where the issue of traumatic brain injury and concussions are most apt—but its lessons can be applied to any sport where physical contact occurs.

One problem, says Gupta, is that the issue is receiving attention generally but the seriousness of it is not taking root. In other words, more people than in the past realize that concussions are a problem. However, fewer truly understand that concussions are not some trivial knock on the head that can be brushed off. Dr. Gupta noted, “I personally think the term ‘concussion’ itself almost needs to be changed because while it’s an accurate term, it sort of minimizes the symptoms that result.” Our Chicago injury lawyers wholeheartedly agree.

Instead, all those involved need to understand that a concussion is a brain injury caused by trauma to the head. It isn’t “like” a brain injury or in some special category of less serious accident—it has the potential to lead to just as much long-term damage as other head trauma cases. That is why it continues to be a pressing concern for those in the athletic world to understand how to identify the injury immediately. The worst harm always comes when a concussion is missed, meaning that the brain does not have time to heal before more trauma is inflicted.

The most common concussion symptoms include confusion, headaches, ringing the ears, and blurred vision. Unlike what some may mistakenly believe, one need not lose consciousness to have a concussion. The damage can occur anytime that one’s head experiences significant trauma. According to Dr. Gupta, he was spurred to take a harder line on concussions when he heard about the case of 16-year old high school football star Jaquan Waller. Waller died a few years ago from what is known as “second-impact syndrome.” This occurs when the brain swells suddenly following a second concussion which is experienced before the first concussion has a chance to heal.

See Our Related Blog Posts:

Head Injury Lawsuit Filed on Behalf of Ex-Football Players

Former Illinois Athletes File Brain Injury Lawsuit Against Eastern Illinois University

In an encouraging bit of new, WebMD reported earlier this week on a new research effort which has found that the long-term prognosis for some traumatic brain injury child victims is better than previously thought. This finding is an important bit of positive news considering that our Chicago brain injury lawyers have noticed that most news around the topic these days involves concerns that current prevention and treatment plans are woefully inadequate. It is high time that families dealing with these injuries received a bit of good medical news.

Head injuries, even seemingly mild ones, can have particularly troubling effects on young children, because their brains are still developing when the injury occurs. In this way, the overall harm caused by the injury is often not known until even years later when an expected development that should take place misfires because of the previous head injury. When it comes to recovery, many parents of child victims are told that they can expect their child to plateau in recovery, with gains stalled as the child ages. In a few cases victims can actually get worse over time—a particularly frightening prospect for worried parents.

However, recently published research which involved following child brain injury victims for ten years has uncovered encouraging findings. The main take-away from the study was that for those children whose injuries were not too severe, gains could be seen even after the apparent plateau. The plateau still occurs—after a rapid rate of improvement following the injury—but it does not signify the limit of the child’s recovery. Interestingly, the researchers also found that there is an “injury threshold” which is the point at which a victim with less severe injury may ultimately escape serious problems.

Expectedly, researchers found that children who had suffered the most severe injuries were the ones who had the worst outcomes on measures like IQ, thinking skills, social interactivity, and behavior indicators. However, with all victims, time was needed for full recovery. The “plateau” period often does not set in for five or ten years. However, even many years after the plateau, further treatment is often helpful in allowing the child to make increased gains. When it comes to recovery the researchers found that environment and therapy matter greatly. The final take-away from the lead researcher is that prolonged treatment is essential because, “a head injury does not inevitably imply that your child will have impairments forever.”

Our Chicago brain injury attorneys believe that these findings offer even more support to the already logical notion that child victims need access to as much quality therapy as possible. Unfortunately, many insurance companies do not provide the resources that families need to actually receive this long-term therapy. As a result, victims often do not reach their full potential. When the injury itself was caused by the wrongdoing of another—such as in a car accident—it is absolutely critical for involved families to ensure that they have access to all that their child will need to recover fully.

See Our Related Blog Posts:

Family Struggles to Find Support Services After Brain Injury

Many Illinois Brain Injury Victims Never Fully Recover

A rising wave of support seems to be building for the federal piece of legislation known as the Pediatric Acquired Brain Injury Plan (PABI Plan). Blog readers are well versed in the details of this proposal as our Chicago brain injury attorneys discussed the issue this week. Just this week another newspaper editorialized in support of the proposal.

The South Bend Tribune editorial reminded readers that information on brain injury prevention and treatment remained relatively sparse—especially compared to advances made in other areas in recent years. Of course, it is obvious that traumatic brain injuries can be prevented by stopping the trauma from occurring—whether that be in auto accidents, falls, sports accidents, or the like. However, as we’ve frequently reported, often the most damage to the brain occurs in the hours or days after a trauma has actually occurred. This wave of brain cell death is often referred to the “brain tsunami.” Working to prevent this wave of damage would go a long way to drastically improving the lives of those who suffer head trauma. In addition, there remains a long way to go before medical experts are uniformly aware of the best treatment practices.

The editorial explained that the PABI Plan was first envisioned by the father of a pediatric brain injury victim—a young girl who suffered damaging harm after falling victim to a traumatic birth injury when only five days old. When the father was looking for answers to determine the best way to help his daughter he was amazed at the lack of clear information available to him or even to medical professionals who were in charge of her care. There was no repository of information, clear prevention plans, or treatment options. Instead what he found was that prevention and treatment goals were essentially arbitrarily made from one office to the other.

After dealing with his frustration, the father decided that something needed to be done. That is when he became involved in an effort to pass the PABI Plan—also known as H.R. 2600—which would fund a comprehensive initiative to create a “best practices” system to both diagnose and treat these injuries. The specific plan that is being considered by Congress was proposed by an advisory board of the foundation dedication to the young girl.

The plan, if passed would allow for data collection each state. The data would then be shared in a national database to maximize the overall effectiveness of the process. In addition, the project would provide special focus on brain injuries suffered by servicemen and women. The term “pediatric” is deceptive in this case, because it actually includes all those under the age of 25 years old—meaning many injured Iraq and Afghanistan war veterans would be accounted for in the plan.

Of course, considering the tens of thousands of victims of these injuries, passage of this bill is a common sense step that all legislators should support. Also, the funding for the measure would be provided for entirely from funds already held by the secretary of Health and Human services. Therefore it would not put any more strain on the federal budget. If all goes to plan the measure will pass both houses of Congress by the end of the session—this summer. It will then be sent to the President’s desk for his signature.

See Our Related Blog Posts:

Traumatic Brain Injury Treatment Advanced By PABI Plan

Advocates Urge Support for National Pediatric Acquired Brain Injury Plan Act

Our Chicago brain injury attorneys closely follow the legislative debates surrounding so-called “tort reform” laws, because we realize that they have a very real effect on the lives (and legal rights) of our clients. In general these laws come in three flavors:

1—Thoes that take away rights after a lawsuit has been won (i.e. medical malpractice damage caps).

2—Those that make it harder or a plaintiff to win at trial (i.e. limit on who can testify in a medical malpractice case).

3—Those that make it harder for plaintiff’s file a lawsuit altogether (i.e. added requirements before a case can move forward).

Damage caps are likely most familiar to community members, because they have garnered the most headlines over the years. However, all three forms are incredibly dangerous for the vast majority of community members. At the end of the day the courtroom is supposed to be one of the few places where money, title, power, and influence have no bearing on the proceedings. What is supposed to matter is simple truth and justice. If someone’s negligence hurt another, the court is supposed to be the place where the evidence is rooted out and the wrongdoer pays for the consequences of their actions. It matter not whether the defendant is a famous face or a big business.

Tort reform efforts seek to change that. These laws are promulgated by the very big interests who are not accustomed to having to deal on a level playing field with ordinary consumers. Our Chicago medical malpractice attorneys believe that these interests support these laws mostly because they represent a way to shortcut the system and not be forced to deal fairly with victims. The net effect of every single tort reform effort is to keep even more money in the pockets of those with the most money to begin with, preventing them from providing fair redress even when their unreasonable conduct hurts those around them.

To fight these efforts we essentially have two choices: prevent the laws from being passed to being with and, if they are passed, explain to high courts how these laws violate fundamental constitutional principles. It is important to keep the effort up on both fronts, because both arguments are strong.

For example, just last week the Arkansas Supreme Court struck down one tort reform provision for violating the separation of powers doctrine in the state’s constitution. The issue in the case related to a provision passed in the state which required experts in medical malpractice cases to have the exact same specialty as the defendant. In practice this could be an immense burden for plaintiff, because it is not always easy to find medical practitioners who also testify in certain areas. Doctor could be supremely well qualified to testify about a certain course of conduct, but if they happened to have a different background in certain respects from the defendant, then that expert could not testify.

The court already has a system in place that actually looks at each case individually to determine whether or not the expert is qualified to speak on the matter. This individual analysis is far superior to some arbitrary disqualification imposed without any analysis at all about the individual merits of a case. Fortunately the state court recognized this inappropriate breach of legislative power and struck the law down.

See Our Related Blog Posts:

State Court Throws Our Medical Expert Testimony Limitation in “Tort Reform” Law

Judicial “Hellhole” Report is a PR Stunt

An editorial in the Milford Daily News this weekend emphasized the need for real attention to be paid to pediatric acquired brain injuries (PABIs)—those affecting infants, children, and young adults. Our Chicago brain injury lawyers realize that there has been a sharp increase in news discussing this issue, but the increased publicity is only beneficial when it spurs action to help victims and prevent future injuries. All those in a position to limit these brain injuries must not only be aware that they occur with more frequency than previously thought but they must actually take proactive steps to use the new information.

This particular editorial was written by the father of a six-year old little girl who suffered a traumatic brain injury while only five days old when shaken by a child nurse. The accident broke four ribs, her collarbone, and led to a permanent traumatic brain injury that has affected the child’s life from that moment on. Sadly the victim is not alone, as an astounding 765,000 young people under the age of 18 enter the hospital ever year because of these injuries. Ultimately, over 80,000 people in that group require hospitalization and 11,000 die from their injuries. Those numbers are frightening enough. However, they may be underreported as the Centers for Disease Control and Prevention admits that those figures do not account for the rising number of sports-related brain injuries that affect young athletes every year.

This is clearly a problem that could use some solutions.

One proposal which hopes to be a starting point at tackling this traumatic brain injury problem is taking the form of a piece of federal legislation—HR2600. Known as the National Pediatric Bain Injury Plan (PABI Plan), the bill would streamline the care nationwide received by these victims. As it now stands, prevention and treatment for these victims is all over the board. There are few agreed upon standards by which to ensure that victims actually receive the best care possible and are given the best chance of recovering their brain functioning as much as possible. Without this standardization, some victims who could improve even more are left to languish while not receiving the best help available.

Part of the reason why there has been a lack of standardization is because the actual causes of these traumatic brain injuries are quite varied. Children often suffer the harm in auto accidents, sports collisions, assaults, falls, child abuse, and similar events. In fact, many of the returning soldiers who have suffered brain injuries would be included in these efforts. Pediatric acquired brain injuries actually include all those who are under the age of 25. Considering that many of our soldiers—particularly those like to be on the front lines—are under 25, they would have much to gain from the passage of this legislation and the standardization of treatment.

Hopefully the PABI Plan will pass this upcoming Congressional session. It is already supported by at least 100 members of Congress. In addition, the funds needed to run the program would come directly out of the budget already allocated to the Health and Human Services discretionary fund. In that way it helps hundreds of thousands of community members without any net cost for taxpayers.

See Our Related Blog Posts:

Pediatricians Say Boxing Not Safe for Kids & Teenagers

Former Illinois Athlete Files Brain Injury Lawsuit Against Eastern Illinois University

Anytime someone suffers a severe personal injury, the harm affects not only the victim but also those who are personally close to the victim. This is obviously most apt when it comes to close family members. Parents, spouses, and children often suffer intensely when their loved one is hurt because of another’s negligence. There are a few ways that damage awards in personal injury lawsuits try to account for this harm (loss of companionship, consortium, support, and similar damages). However, damage awards never fully compensate victims for the full scope of what they experience following one of these accidents.

Our Chicago injury lawyers know that this is particularly true with brain injuries.

For example, consider injuries suffered in a car accident. If a father is hurt in the accident and breaks both of his legs, that injury will have repercussions on his family. The man may not be able to work, his wife may be needed to stay home and provide help, and the whole family is likely to experience the financial strain of the situation. Now imagine that the father suffers a traumatic brain injury. That injury may completely alter the father’s personality, make it impossible to create new memories, and make it so that he needs observation around the clock because he is prone to become confused about his surroundings. Imagine the impact on the family in that situation. It is impossible to fully comprehend how that will affect the family dynamics and relationships.

One aspect of that issue that has received a bit of attention lately is the effect that traumatic brain injuries have on marriages. The Republic published a post this week that addressed the subject. It was noted how the strong bond between Congresswoman Gabrielle Giffords and her husband Mark Kelly creates a false impressions that it may not be all that difficult to keep a marriage intact after a traumatic brain injury. Even though Congresswoman Giffords has made amazing progress in her recovery (much more than others experience), her husband admits that he has “had new realities to live with—the reality and pain of letting go of the past.”

It is undeniable that some marriages are ended following these injuries. This is not any one person’s fault but simply a reality that must be understood. However, the divorce rate following a traumatic brain injury is actually much lower than one might expect—17% when measured a few years after the injury.

Of course while a couple may remain married after one of these injuries, depending on the severity of the harm and the personality change that the victim experiences, the quality of that marriages is undoubtedly strained. Some psychologists have actually been working on unique marriage counseling strategies specifically for those who have a brain injured spouse. Those involved say that the goal of the therapy is not to restore a relationship to the previous levels of happiness (as is done in traditional counseling) but is instead geared toward helping spouses cope with a new reality. Those who have participated have explained that it is beneficial for both the injured and un-injured spouse.

See Our Related Blog Posts:

Facts on Traumatic Brain Injury

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

Congresswoman Gabrielle Giffords is likely the nation’s most famous traumatic brain injury victim. The tragic attack that caused her injury as well as her public recovery has led many Americans to truly see the impact of these injuries first-hand. Of course our Chicago brain injury lawyers know that this publicity is incredibly helpful as a way to focus attention on a problem that plagues hundreds of thousands of community members every year. Just last week the First Lady announced a large new initiative which seeks to provide increasing resources to medical professionals who are working both to prevent and treat traumatic brain injuries. If these trends continue hopefully very important advances can be made to actually help improve the lives of victims.

Yet, with all the publicity surrounding Congresswoman Giffords’s situation, many observers might get the wrong impression about the resources available to other brain injury victims—those without the platform, publicity, or resources of Giffords. The sad truth is that many (most) victims of traumatic brain injury have nowhere near the quality of care provided to the Congresswoman. In the aftermath of the tragedy the very best brain injury care was provided to Giffords. Then, in the weeks and months after the event, the top of the line full spectrum of treatment, rehabilitation, and therapies have been provided which have allowed her to make what seems to be a miraculous recovery. She still faces many challenges, particularly when it comes to communication, but it is unmistakable that she has made progress that no one would have thought possible from someone who received a gunshot to the head only a year earlier.

Now Congresswoman Giffords is taking her experience to the public policy arena by championing proper brain injury treatments for all those in similar situations. She fully understands that most community members do not have nearly he access that she does to prolonged, quality treatment and therapy. Instead, as so many local families have explained to our brain injury lawyers, insurance companies usually only cover the bare minimum of stabilization care. Few families are able to secure permanent therapy which, as Congresswoman Giffords case shows, is absolutely essential to allowing an injured brain to recover as much as possible.

A Tucson Sentinel story this week noted that the average American with one of these injuries faces two problems: lack of information about the best courses of treatment and a lack of resources to have access to those courses of treatment. The costs alone can be staggering. As a new research project from the National Institute of Health explained, treatments for a single brain injury victim can run as high as $2 million to $4 million. When the injury is caused by the negligence of another, it is obviously appropriate for those costs to be borne by the one who created the problem. That is where the civil justice system comes into play.

As it stands now, according to the Brain Injury Association of America president, what treatment a victim receives is heavily dependent on “your state, insurance plan (or lack of one), hospital and the people advocating for you.” For example, while most insurance plans cover the life-saving surgeries often needed directly after an accident, fewer cover the prolonged rehabilitation which is necessary for mental and physical recovery.

See Our Related Blog Posts:

Mother of Brain Injury Victim Vents: Not Everyone Has Resources of Congresswoman Giffords

Congresswoman Giffords Case Highlights Traumatic Brain Injuries

The Yale Daily News published an article this week that caught the eye of our Chicago brain injury lawyers about new information regarding brain development. As blog readers know, this is an exciting time for all those working in fields related to brain injuries, because new information about the workings of the brain are just now slowly being unraveled. For the longest time, there was essentially little to no information available about the most complex issues of brain functioning and development. That is changing.

Yale researchers recently released information on a new study which discovered information about how the nervous system linking the eyes and brain develop in new babies. The research, published last month in the journal Nature Neuroscience, found that brain development is actually affected even while the child is in the womb from immature neural circuits. This affects how the child builds connection between the eyes and brain. This means that even when the eyes of the unborn baby are closed, they still produce messages which are sent to the brain helping to ensure that the wiring system of the child develops correctly. This discovery was reached, as is often the case in brain research, through use of newborn mice.

The lead researchers summarized by explaining that, “There was speculation based on theories about how activity might shape brain development, but nobody has previously manipulated the temporal pattern of activity in the two eyes in vivo, and examined the consequence on brain wiring.”

Involved researchers explained that the development of neural circuits between the eyes and brain is similar to that of other systems including the spinal cord and other parts of the brain. This means that similar in vitro activities may play a role in overall development.

All of these developments may impact brain injury lawsuits. Here’s how…

For one thing, when one suffers an injury that affects their brain, a lawsuit is only implicated when another party acted negligently which contributed to that brain injury. Negligence is based on a reasonableness standard which takes into account the information that was (or should have been known) to the individual involved. The more that medical professionals learn about these brain issues (and the more that the information becomes common knowledge among professionals), the standard of reasonableness is influenced. Doctors will be required to take this information into account and may be held responsible for failing to prevent preventable injuries if they do not take the information into account.

In addition, these advances will—hopefully—lead to improvements in treatment options for brain injury victims. When a brain injury lawsuit is filed and won, the damage portion of the case includes evaluation of a wide range of issues, including the help that the victim will need in the future, the cost of that aid, and the long-term consequences. Increased knowledge about brain injury recovery will therefore factor into damage assessments in brain injury cases. A brain injury lawyer could see how advances could both lower awards or increase them. If certain harm can be reversed, the awards for long-term harm might be lessened. Conversely, families will more readily ask for increased awards to ensure that they actually have the funds they need to access these new treatment options.

See Our Related Blog Posts:

Simple Heart Defect Screenings May Save Infant Lives

New Research Gives Hope to Those Seeking Cerebral Palsy Prevention

The Star News reported this week on some exciting new related to traumatic brain injury (TBI) treatments. In previous posts we have counseled against the work of some scam artists who are using the promise of stem cell research to con unsuspecting families into paying top dollar for unproven and potentially dangerous experimental treatments. This is a very real problem that all local families must guard against. However, there is now some research coming from credible sources which offers more evidence that down the road stem cells may hold the key to brain injury research.

Our Chicago brain injury attorneys were excited to read about the latest study which was published online in the Journal of Neurotrauma regarding the role that implantation of human stem cells may have in spurring rejuvenation in the damaged brain of TBI victims. We touched upon this research in a post earlier this year. According to those involved, the study involved the implantation of human neuron stem cells into rats who had suffered a traumatic brain injury. What was the result? Amazingly much of the damage to the rats’ brains was reversed, which meant that there was a reconnection of filaments in the brain’s nerve cells.

The study’s lead author explained that filaments are necessary to make connections between nerve cells in the brain. It is upon these connections that learning and memory are possible. While traumatic brain injuries often cause actual cells to be lost, the filaments are often retracted. Per the findings of this study, use of stem cells may work to reconnect those filaments (though not regenerate the brain cells).

In the study researched used both the rats as well as a new apparatus that apparently mimics human neuron brain damage. By doing so they were able to identify a specific mechanism which allows the implanted stem cells to aid in the recovery of brain damage to certain brain pathways. The specific pathways are known as the axons and dendrites. When those pathways are disturbed the trauma is known as a traumatic axonal injury. The lead research explained that, “In this study we found that our stem cell transplantation both prevents further axonal injury and promotes axonal re-growth.”

So exactly how do stem cells help repair the damage and prevent more damage? According to the researcher the human stem cells release a neurotrophic factor known as “GDNF.” Apparently it is GDNF which specifically causes the positive improvements discussed.

Not only were the pathways repaired in the damaged rats, but another benefit of the stem cells is that they reduce the levels of “alpha-smooth muscle actin.” This is a protein which essentially builds and clogs up the brain after trauma. Rats that had trauma but no stem cells treatment had higher levels of this protein than those who received the treatment. This protein build-up is another problem faced by brain injury victims, and so if the stem cells limit the growth it should undoubtedly be viewed as a positive development. As the lead researcher summarized, “We are quite excited about these discoveries. This kind of detailed study is essential to developing safe and effective therapies for traumatic brain injury.”

See Our Related Blog Posts:

Lawsuit Filed After Inmate Suffers Brain Injury

New Technology Aims to Help Victims of Traumatic Brain Injuries

Illinois traumatic brain injury victims, like all personal injury victims, often have a direct stake in the debate around so-called “tort reform” efforts. Contrary to the public portrayal made by some, at the root of these efforts is a simple premise: made it harder (if not impossible) for certain injury victims to receive any justice against their wrongdoers. Those calling for tort reform are striving for that goal in slow steps on a variety of fronts. Damage caps are called for which limit the amount that a negligent party has to pay, no matter how much damage they cause. Rule changes are sought which increase the requirements of filing suit, acting as a barrier which keeps certain victims out of court altogether. At the end of the day these efforts are not about fairness but saving money for those who are frequent defendants. The companies, industries, and individuals who harm others negligently are focused on their own bottom line, not justice for regular community members.

Knowing the motives of these efforts makes it all the more frustrating for each Illinois brain injury lawyer at our firm to read things like the “Judicial Hellhole” report which seek to demonize certain courts in our state. As the president of the Illinois Trial Lawyers Association Jerry Latherow explained in a recent editorial published in the State Journal-Register, the “report” is nothing more than a recycled public relations stunt to gin up controversy once again. The goal is always to influence public opinion in ways that allow these interests to hammer through new laws which undermine access to the court system.

Time and again the claims made by this “report” have been shown to be based on junk science.

For example, one argument made is that because Illinois courts are a so-called “judicial hellholes,” then jobs are lost from the state. Is this true? Of course not. A recent National Federation of Independent Business survey of actual job creators found that fear about litigation did not even make the list of considerations that these businesses make when deciding where to expand and bring jobs. Things like tax concerns and energy prices were actual concerns.

It should not surprise readers that the funding for these studies comes from a virtual “Who’s Who” of big businesses that have a lot to gain by demonizing Illinois injury lawyers and taking away rights of those who are hurt buy their misconduct. There is nothing wrong with businesses working hard to increase their profits. However, there is a problem when they feel free to avoid responsibility for their errors as part of their plan to increase profits. If a business or industry acts negligently and hurts an innocent victim, that business should pay for the consequences of their mistakes. It is that simple. If these industries would spend as much time improving their services and safety that they put into attacking Illinois injury victims, they might actually save the money they are hoping to save. Instead, they continue to work to fund ridiculous efforts (like this latest report) in order to sway public opinion to believe things about the tort system that are simply untrue.

See Our Related Blog Posts:

“Judicial Hellhole” Report is a PR Stunt

Chicago Medical Malpractice Lawyer Suggests Latest “Judicial Hellhole” Designation Distracts from Real Issues

Last week in the Santa Cruz Sentinel, a reporter shared the heartbreaking story of how a car accident caused by a negligent driver took the life of her brother, severely injured her mother, and threw her into a coma. The tragedy struck many years ago in 1985 when the reporter was only ten years old. However, the after-effects of the incident linger on, both in the memory of her brother and the effects of the traumatic brain injury that she still feels. Her story is one that all local community members could learn from, as it mirrors the situation that each Chicago brain injury lawyer has seen in the local clients who we help in similar situations.

The tragedy occurred in the middle of the summer when the family was on their way home from the library. A man, blinded by the setting sun, ran a stop sign and broadsided their car. The girl survived the accident, but she doesn’t remember any of it. What she does know was only learned from those who told her afterward. As a result of the collision, she suffered a serious brain injury that has affected the rest of her life. When talking about her brother and the accident she harrowingly admits that “sometimes, on my darker days, my survivor’s guilt is tinged with envy. Maybe he was the lucky one. He may have died, but at least he never had to suffer.”

After the accident it took the girl six weeks to fully get out of her coma. She notes that it was a gradual process, and she just has flashes of fuzzy images and reminders of eventually regaining consciousness. She was not able to talk or communicate in any meaningful way at first, and it was only when she could scratch out a message on a white board that she first was able to reach out to those around her. Initially the girl’s doctors did not think that she would survive. When she did, they explained that she was unlikely to ever recover much. At the time she had the mental capacity of a toddler but with even less coordination and emotional control. Her parents were given little hope that she would be able to ever take care of her own basic needs or do anything other than sit outside and enjoy the sun. The effects of traumatic brain injuries can be that severe, even after physical injuries like cuts and broken bones heal.

When the girl was discharged from the hospital she had recovered some of her ability to speak and feed herself. But the family’s insurance company claimed that she was not going to recover any more and so they refused to pay for further rehabilitation. The family fought with the insurance company, doing everything in their power to give their daughter the best possible chance of recovering as much as possible. It was only after an agonizing ordeal and dozens of run-arounds that they were finally able to have rehabilitation arranged at a local Children’s hospital. While there the girl re-learned how to talk, walk, socialize, and conduct other basic living functions.

The girl was slowly able to recover. She credits most of it to the persistence of her parents who never gave up on her—even amid their own immense grief. The family spent hours at her bedside, play audio recording of her favorite movies and filled her room with cherished trinkets. Family and friends recorded message for her as well, which her parents played for her while she was recovering.

It is only now, decades after the accident, following what she assumed was a full recovery, that the girl (now a woman) understands that she is still affected by the accident. She contacted a local brain injury association recently and learned that her current problems at work may well be tied to the incident as a child. An injury to a young brain, contrary to adult brain injuries, can create long-term problems even long after the initial trauma. This is the case because certain parts of the brain may not even be fully developed when they are injured. This means that the victim may not fully understand the consequences of the injury until they reach an age where that part of the brain was supposed to be fully developed. For the certain parts—like the frontal lobe—that might not be until one’s mid twenties.

See Our Related Blog Posts:

Walk Draws Crowd to Raise Awareness for Traumatic Brain Injuries

Soldiers Brain Injuries from Blasts in Afghanistan Take A Toll

Each Chicago brain injury lawyer at our firm knows that the single most common way that local residents suffer a traumatic brain injury is following an automobile accident. Many children suffer injury while playing youth sports, military members face trauma from bomb blasts while at war, and many seniors have head accidents after a slip and fall. While those causes are certainly prevalent, the single most likely way that a local resident may experience brain trauma is following a car, truck, or motorcycle accident.

This is not all that surprising considering that automobile accidents remain that most common preventable accident of any kind. Car accidents are often the root of most Illinois brain injury lawsuits as well. This is because most car accidents can be traced back to negligence on the part of another party in one way or another. Obviously the bomb blasts which hurt our service members overseas are acts of intentional misconduct, but those injuries don’t actually result in civil lawsuits seeking to recoup the victims for their losses. Conversely, when two cars collide, one malfunctions, roadways are not properly maintained, or similar misconduct takes place, the law provides victims of the accidents an avenue to seek redress.

The Insurance Journal reported this week on a recent settlement made following just such a car accident that resulted in a traumatic brain injury. In the case a young man, 18-years old at the time, suffered a permanent and debilitating brain injury after the car in which he was driving was slammed into by another speeding vehicle. It turns out that the speeding car was actually driven by a sheriff’s deputy who was speeding because he was late for work. The man suffered a traumatic brain injury and will need around-the-clock care for the rest of his life. Following the accident the man’s family filed a lawsuit against the driver and the county sheriff’s office seeking compensation for the immense harm.

The case is also an example of the extreme injustice of the bizarre tort reform laws that exist in the state where the accident occurred. The laws of the state (Florida) at the time placed a limit of $100,000 on compensation. That amount was nowhere near sufficient to provide the victim the close care and attention he will need for the rest of his life as a result of the accident—it wouldn’t even cover medical bills from the immediate aftermath of the accident.

However, the only way for the family to receive a fair award is for special legislation to be passed through both chambers of the state’s legislature. That process involves the hiring of lobbyists, the introduction of specific bills, and a wide range of political arguments. The family recently agreed to a $10.75 million settlement with the sheriff’s office’s insurer. However, it remains unclear if the family will receive the settlement money. The bill authorizing the award still has to pass the state house.

It should be noted that this accident actually occurred fourteen years ago. The family has been fighting for compensation for that entire time. What makes it even more ridiculous is that fact that while a bill is required to pass through the state legislature, the state taxpayers will not be paying for a dime of this payment. Instead, the insurer is obligated to pay as per the terms of the insurance agreement. It is unclear how anyone could view this drawn-out, lobbyist-filled process as somehow superior to one where the justice system actually makes a decision upon the guidance of impartial judges and juries.

See Our Related Blog Posts:

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

While football, hockey, and soccer injuries garner the most attention when it comes to sports related traumatic brain injury, other activities present just as much risk of harm. As winter season descends upon our area in full force many more residents are likely to take advantage of the season and hit the ski slopes. January and February are always some of the most popular times for local community members to travel to nearby resorts and try out skiing and snowboarding—one of the most common wintertime recreational activities. While our Illinois brain injury lawyers certainly are not advising against this activity, it is important to be fully aware of the risks that the skiing poses and be cognizant of the safety measures that need to be followed.

Over the years many high-profile accidents have taken the lives of those who were skiing like Sonny Bono, Natasha Richardson, and others. For each of the well-known cases there are thousands more skiing accidents where others have either died or suffered serious traumatic head injuries. It is not had to imagine how these accidents come about. When traveling down the snow, many skiers reach pretty significant speeds. If for whatever reason one loses control and falls, the head often makes contact with the hard, compacted ground. The damage to the brain is often pronounced.

The risk exists for both new skiers who are more likely to fall as well as professional athletes who are more likely to reach top speeds and take riskier moves. This week the Washington Post reported on one professional Canadian freestyle skier who remains in critical condition after a devastating fall. The victim, Sarah Burke, was a four times X Games champion and pioneer in the sport of halfpipe skiing. The accident happened while practicing in Utah. According to reports she tore a vertebral artery in the fall—an artery which is located in the neck and supplies blood to the back part of the brain. That part of the brain is most often used to control functions like balance and vision.

Doctors explain that the tearing can be caused by severe twisting motions. In addition, the artery may be damaged if there is a sudden up and down motion of the head. It remains unclear what the long-term effects will be for the victim. She is currently still in a coma. She just had a successful operation to repair the torn artery that caused the bleeding in the brain.

One of the victim’s teammates was near the half pipe when the accident happened. He explained that it didn’t look like that severe of a fall at the time. This is similar to observations made by those near Natatsha Richardson when she fell on the slopes and hit her head a few years ago. Observers noted that she actually got back up and appeared to be doing fine. It wasn’t until later that the effects of the traumatic brain injury were actually exacerbated and she began to suffer serious problems. This should be a testament to all those who suffer any sort of fall while skiing. Just because a fall seems minor, any symptom—even the slightest—should be taken seriously.

See Our Related Blog Posts:

11-Year Old Dies From Brain Trauma Despite Wearing Helmet

Actress’s Death Brings Awareness to Brain Injuries

We often post about the latest in brain injury medical research and treatment. Lately is seems like a lot of news has been about traumatic brain injuries—the work to prevent them as well as treat them. This is likely a product of medical science advances which have allowed experts to better diagnose and understand the harm caused to those who experience head trauma. Before this was available many victims of brain injuries never actually knew that they had been affected. Instead the problems that they experienced were usually cast aside as caused by other factors or simply part of one’s own natural personality or ability.

Perhaps this recent change in awareness is best exhibited in the context of sports head injuries. In the past most knocks and falls that were experienced on the football field, soccer pitch, or hockey rink were brushed aside as natural and harmless bumps. However, a wealth of new research into the long-term consequences of these incidents has found that those previous assumptions are wrong. Even seemingly innocuous actions like heading a soccer ball may, done enough, have actual long-term effects on the unsuspecting youth players. Our Chicago brain injury attorneys know that with increasing awareness of these harms comes increasing responsibilities on the part of involved adults to step up and take reasonable steps to prevent long term harm. Civil negligence law demands nothing less.

Fortunately many groups and efforts have popped up recently working to help take this new medical awareness into account to help players. For example, Tech Flash reported about a relationship between a startup company called Korrio and Axion Sports to integrates online concussion detection tools and sports automation platforms. The joint effort seems like a fantastic partnership geared toward helping to keep players safe. Korrio is an organization that helps youth sports teams streamline their registrations, rosters, and scheduling issues. Axion is a company that provides online concussion tools for youth soccer.

As a result of the effort the organizational company is using Axion Sports’ Computerized Cognitive Assessment Tool (CCAT) to create personal player dashboards. This will allow youth players to take an online cognitive test from anywhere. This test will act as the “before” snapshot of the player’s healthy brain functioning. Attention span, processing speed, learning, and working memory are all evaluated as part of the test. Later the test can be taken again, after a certain serious contact or repeated small contact, to determine if a traumatic brain injury like a concussion has actually occurred.

Our brain injury attorneys were particularly interested to learn that the process is being streamlined so that it is simple and inexpensive. Right now Korrio representatives explain that it will take about 10 minutes for the test to be completed and cost about $10 per child. The test itself is in the form of a game, similar to solitaire, that measures the speed and accuracy of players’ answers to certain questions. The overall goal of the program, says the company, is to move families away from mere awareness of the dangers of concussions to actual active concussion management. The test can be taken at home and certain sports organizations might decide to mandate the test upon registration to ensure that all players head health is accounted for and measured safely throughout a season.

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 Illinois brain injury lawyers were happy to read this week about a new traumatic brain injury initiative that is being spearheaded by First Lady Michelle Obama. As reported by the Associated Press, the announcement was made Wednesday by Mrs. Obama and Dr. Jill Biden, the wife of Vice President Joseph Biden. The launch of the initiative was made public during a ceremony at the Virginia Commonwealth University in Richmond. This particular medical school has been at the forefront in brain injury research. The hospital often partners with Hunter Holmes McGuire VA Medical Center Veteran’s Affairs Hospital to work with service member brain injury victims.

The initiative is centered on providing increased access to resources for victims, practitioners, educators, and all those involved in treating and researching traumatic brain injuries as well as post-traumatic stress disorder. The project is a joint effort partnering with an organization called “Joining Forces” which is a group working to encourage societal support for military personnel and their families. As blog readers know, returning service members from Iraq and Afghanistan often suffer these sorts of injuries while fighting overseas.

Over 100 medical school members of the American Association of Medical Colleges have committed to participate in the effort. In addition, another 25 schools from the American Association of Osteopathic Medicine will play a role in the project. In describing the program and its potential the First Lady noted, “By directing some of our brightest minds, our most cutting-edge research, and our finest teaching institutions toward our military families, they’re ensuring that those who have served our country receive the first-rate care that they have earned.”

This initiative comes at a time when some have questioned the effectiveness of current brain injury treatments being provided to victims, particularly combat soldiers. As the story reports, as many as one in six returning Iraq and Afghanistan war veterans have reported symptoms of post-traumatic stress disorder. Another 44,000 have likely suffered some form of traumatic brain injury, from moderate to severe. In the last decade, the U.S. Department of Defense reported that around 230,000 service members have suffered a brain injury. In other words, this is not an isolated group of victims, but a widespread problem in need of focused resources to address it.

A Rand Corporation study found that of the hundreds of thousands of returning service member victims, less than half have actually sought treatment. That figure suggests that much more work needs to be done to reach out to potential victims and to provide actual substantive help to get them back to their old selves. The First Lady reminded returning soldiers that “if you are struggling, please don’t be afraid to speak up. If you know someone else is struggling, encourage them to seek help. Asking for help is a sign of strength.” The Rand report found that many fail to report their illness out of fear of the effect it might have on their long-term military career.

During the initiative’s launch speech the First Lady acknowledged that the official end to the wars overseas marks the beginning of a long transition period. Those who have served cannot be left without the resources they need during this time.

See Our Related Blog Posts:

Walk Draws Crowd to Raise Awareness for Traumatic Brain Injuries

Soldiers Brain Injuries from Blasts in Afghanistan Take A Toll

Medical Express News reported this week on the release of a new study which offers some positive news in the elusive quest for ways to get the brain to repair itself after injury or disease. The new research effort was spearheaded by the Medical Research Council (MRC). The group uncovered a protein known as Betacellulin (BTC) which plays a role in brain regeneration. The effect has not yet been evaluated in humans. However, in the studies involving mice, BTC was able to stimulate the brain’s stem cells ultimately helping to form new nerve endings. The research, published in the Proceedings of the National Academy of Sciences journal, may prove to have significant benefits for Illinois traumatic brain injury victims.

When reporting on recovery options for those injured in this way, our Chicago brain injury attorneys have often noted that once certain cells are damaged, there is no going back. Most nerve cells in the brain are formed in the womb and soon after birth. Yet, experts now know that new neurons continue to be generated throughout one’s life via stem cells. These stem cells supply new neurons to parts of the brain that are responsible for a wide range of tasks, from the sense of smell to the forming memories and learning of new skills.

In traumatic brain injury victims (as well as degenerative brain injury victims) the stem cell production part of the brain acts abnormally. Instead of producing new neurons, these areas instead produce “glial cells” which essentially lead to the development of scar tissue. It seems that in response to the trauma, the stem cells prioritize damage control over long-term recovery—hence the production of scar tissue cells instead of new neurons to improve the damaged part of the brain.

Medical experts have long hoped that something could be done to fix this process for the victims so that actual new neurons are created instead of glial cells. This latest research was just such an attempt. The researchers examined the way that the BTC protein—itself produced by the stem cells in the brain blood vessels—affects the rate of neuron creation. Interestingly, the researchers found that BTC signals to the involved stem cells to increase neuron production. When extra BTC was added to the mice in the tests, the mice had an increase in stem cells and an increase in newly produced neurons. Conversely, those test mice that were given an antibody that blocks BTC showed a decrease in neuron development. Together this is strong evidence that BTC plays a crucial role in this brain regeneration process.

Our Illinois injury attorneys were encouraged to hear one researcher note that “This study is an important step towards our goal of moving beyond the replacement of tissues and organs to the exploitation of the intrinsic repair and regeneration potential of the human body.” While the work is still in its infancy, these are very encouraging steps. Next researcher will conduct more tests to see how BTC affects damaged cells alone and interacts with transplanted neural stem cells.

See Our Related Blog Posts:

The Brain Tsunami

Hyperbaric Oxygen May Help Troops with Traumatic Brain Injuries

The Daily Breeze highlighted a new local traumatic brain injury recovery group that is working to help community victims get their lives back together as much as possible. As we often report, the recovery process for these victims is heavily dependent on the therapy that they receive in the months and years following the injury. It is amazing the difference in improvements seen across various individuals depending on their access to the latest in therapy and rehabilitation.

The new organization discussed in the latest article is the Brain Rehabilitation and injury Network (B.R.A.I.N.). The program, like many others that are sprouting up nationwide, are all about providing a place for local victims of these injuries to interact and receive the wide-ranging help they need. Participation in these community groups is often the difference between being able to relearn basic skills like, walking and talking, and being left with permanent impairments.

One B.R.A.I.N. participant, for example, suffered a sudden cardiac death, sending her into a coma for three weeks. During the ordeal there was extensive deprivation to the brain that left her with ataxia and apraxia disorder. She had little control over her muscles, could not execute learned movements, and was legally blind. However, the 46-yar old reports that she has seen significant improvement in the three years since accident, in large part due to involvement in the brain injury recovery group. Our Chicago brain injury attorneys have witnessed the same improvement for clients who actively engage in all of the support efforts available to them.

Like other community based service groups, B.R.A.I.N. involves the injury victims, their family, friends, and other interested parties to offer a comprehensive approach to rehabilitation. The group was founded three years ago by a family whose young daughter was misdiagnosed as having schizophrenia when in reality she had suffered a brain injury. As it often the case—necessity was the mother of invention. The family sought out support services to help their daughter but found that there were none nearby. They set out to change that and so B.R.A.I.N. was founded. The group explains their mission as one to create a community where those who have lived though the experience could provide insight and help educate others who had suffered traumatic brain injuries.

The group has grown so popular that offshoot programs have already sprung up. For example, Friends of Brain Injury (F.B.I.) is a group, now eighty strong, that meets weekly to share personal stories, provide information about relevant resources, and brainstorm ways to engage with others. The groups is led by a local licensed speech-language pathologist. One local college professor involved with the effort summarized by noting, “The group is all about helping people find each other and know there are people out there whom they can relate to. We want them to have a sense of community.” Participants report that hearing the story of others helps them keep their own injuries into perspective.

Another offshoot program in known as B.R.A.I.N. Cells which pairs brain injury survivors with community volunteers. The pairings are made with consideration of the participants’ age, gender, and interests. The goal is to create bonds between the partners, building a relationship that can become an important part of the survivors healing process.

See Our Related Blog Posts:

New Brain Steps Program Targets Reintegration for Children with Brain Injuries

Virtual Brain Injury Support Group Allows Therapy From Home

This week marks the year anniversary of the horrific attacks in Arizona that took the lives of several and made Congresswoman Gabrielle Giffords the nation’s most famous traumatic brain injury survivor. In the months following the accident the public remained transfixed by the Congresswoman’s injury. Recently, as Gifford has made more public appearances and shared her story about the attack and her recovery, many have been amazed the progress she’s experienced in only a year.

However, as our Chicago brain injury lawyers have explained, it is important to keep the Congresswoman’s recovery in perspective. The sad reality is that many victims who face similar hurdles have not seen anywhere near as positive an outcome. A large part of the reason is that they do not have the resources or access to the best therapy available which can help them reach their full potential following the accident. A story in yesterday’s New York Times made the same point. The consequences of these injuries last much longer than a year, even for those who have the absolute best therapy around like Congresswoman Giffords.

One overlooked aspect of traumatic brain injury recovery are the effects that it has on other family members—particularly spouses. The immense interpersonal challenges faced by a husband or wife following one of these events probably cannot be fully appreciated unless one lives it. The personality changes that often come with traumatic brain injury must undoubtedly throw many marriages into troubling spots. Fortunately, the increased profile of these injuries is leading to new developments in counseling and couples therapy. Those involved explain that much of that work is focused on rebuilding social links. The interpersonal connections between spouses and their friends often act as the hallmark of a relationship. Trying to keep those intact following injury is crucial to rebuilding the relationship between life partners.

Encouragingly, the most recent statistics on the issue find that couples do tend to stay together following one of these injuries. A 2007 investigation noted that the divorce rate as long as seven years after the injury were only at 17%. Yet, it is unclear what the quality of those marriages are. As one psychologist noted, “While people may technically be married, the quality of their relationship has been seriously diminished.” That is why much counseling research is going in to helping the uninjured spouse learn how to accept the changes in their partner. Yet sometimes the changes are simply too much for the other partner to bear, a condition many have called the “stranger in the living room.” For these families, the personality changes in their loved one are so profound that they essentially seem like a different person.

Each Illinois brain injury attorney at our firm understands that our work is ultimately about helping victims recover. Particularly in the brain injury context, the quality of therapy available goes a long way to determining the amount of recovery seen. Without holding wrongdoers accountable, many of these victims simply never have access to the help they need. That is unacceptable.

See Our Related Blog Posts:

Family Struggles to Find Support Services After Brain Injury

Many Illinois Brain Injury Victims Never Fully Recover

The immense struggle of dealing with the consequences of an accident, such as a traumatic brain injury, is hard to appreciate until one actually has to go through it. Each Illinois brain injury attorney at our firm has been fortunate in being able to work with these families day in and day out to get a very real appreciation for their situation. It is understandable for those without personal experience in these matters to offer sympathy but fail to understand exactly how an entire family’s life is forever changed as a result. The injury itself is devastating, and the situation can be made even more difficult when medical errors, administrative delays, and other preventable problems are thrown into the mix.

For example, the Northwest Herald published a story this weekend highlighting the story of one local family dealing with the consequences of an Illinois brain injury. The victim in this case was traveling on his motorcycle last Easter from Marengo to Crystal Lake to spend the holiday with his family. Unfortunately, the man lost control of his motorcycle during the ride and was involved in a serious crash. He suffered a traumatic brain injury, and was essentially left “a shell” of the man he once was. The victim had a steady job, however, his employer did not offer health insurance. Suffering one of these injuries without insurance adds an immense stress to the family. The victim’s longtime girlfriend explained that once hospitals learn of his insurance situation they usually shuffle him out the door.

As we have frequently explained, new treatment methods have shown that brain injury victims can show remarkable recovery so long as they receive the right kind of care in a timely fashion. However, those without the resources to receive that care are often placed in tough situations. As the victim’s partner explained, “What really gets me is Public Act said they will feed and house him for life, but they won’t rehab him.”

Hospitals report that these parameters are essential, because the public financial situation is dire. Hospital administrators suggest that they are never paid as much in return as they actually spend on care from the government. Budget crises and delayed payments, they suggest, are only making things worse. As a result, patients like the victim in this case often get shuffled from hospital to hospital. In the last year alone, the man here has been to eight different hospitals, from the South Side of Chicago up to Wisconsin. Expectedly, being bounced from facility to facility means that the care he receives is sub-par. His girlfriend questioned, “I don’t understand why there is so much red tape and hoops that families have to jump through just to get the care they need.”

Heartbreakingly the family notes that when he was receiving therapy in his early days he was progressing and was able to walk and talk. However, as he began moving around to different facilities, he stopped receiving therapy. As a result, he deteriorated. He now can no longer talk or leave his bed. The family remains concerned that their loved one is not getting the care he needs in the crucial first year after the injury, when many of the biggest gains are made. They worry if he will never be able to recovery up to his potential as a result of the therapy problems.

See Our Related Blog Posts:

Lawsuit Filed After Inmate Suffers Brain Injury

New Technology Aims to Help Victims of Traumatic Brain Injuries

Time is crucial in brain injury recovery. Most community members likely consider the harm caused by a traumatic brain injury to be similar to that found in all other traumatic injuries. The assumption is that first there is a significant trauma, the damage is done, and then the brain begins a slow process to heal as much as possible. This is not exactly true. Over the years our Chicago brain injury attorneys have to come to appreciate that the harm caused by brain injuries worsens in the aftermath of the initial trauma. This is a critical factor which makes quick thinking and appropriate action vital in the immediate aftermath of the injury.

An article in The Atlantic discussed this reality, dubbing it the “Brain Tsunami.” It was explained how brain tsunamis are neurological events which occur often days after the initial trauma, leading the significant brain damage beyond that caused directly by the initial accident. Experts explain that the tsunamis are actually widespread brain depolarization of cells that spread slowly but persistently across the victim’s brain. This leads to widespread dysfunction. Medical researchers are now working hard to better understand these waves of brain damage in order to prevent patients from losing large portions of their brain functioning. The story explains that the depolarization of the brain days after injury has long been known. However, it is only recently that researchers confirmed that these brain tsunamis are actually the cause of further brain damage for these patients. The discoveries were made as part of focused attention on the injuries sustained by service members who suffered this harm while in Iraq and Afghanistan. Many service members have been left with significant injury and few viable treatment plans.

This latest study involved over one hundred brain injury patients nationwide. The involved participants underwent neurosurgery, and they were then followed throughout their post-operative care to gauge their outcome. In total, about 58% of those involved in the study experienced brain tsunamis. These victims had a surge of cell depolarizations in their cortex leading to significant harm to their functioning. The full extent of the harm was determined by placing a linear strip of electrodes on the patient’s brains. The researchers actually hoped that they could figure out a way to stop the spread of the cortical depolarization. Unfortunately, the efforts to do so in this case were not all that successful, and researchers are still not sure how the prevention can be achieved.

One researcher, trying to put a positive spin on the situation, summarized by noting that, “Our ability to monitor and understand what happens in the brain after a severe injury hasn’t advanced significantly in decades. T he brain is like a black box, but the process of spreading depolarizations now gives us a window into the box.”

Our Chicago brain injury lawyers understand that much of this research can produce more questions than it does answers. Experts are still a long way away from figuring out how to specifically limit these tsunamis. However, other research has made some inroads in to improved outcomes overall for brain injury victims.

See Our Related Blog Posts:

Facts on Traumatic Brain Injury

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

Each Chicago brain injury lawyer at our firm remains surprised by the medical news that continues to come out exploring the long-term effects of brain injuries. Because the brain plays a role in virtually all parts of the human experience, injury to the brain has the potential to affect a wide range of aspects of the victim’s life. We have often mentioned how the injury can affect one’s personality. Of course traumatic brain injuries often also lead to cognition, speech, and physical movement problem. Now, Reuters is reporting that brain damage may play a role in obesity.

The latest research discovery was made as part of scientists’ efforts to better understand why losing weight and, more importantly, keeping it off, is so challenging. What experts have uncovered is that part of the problem is that chronic obesity may be rooted in damage to the part of the brain that is supposed to control weight. The damaged portion of the brain makes it difficult for victims to control their appetite and overall fat storage. Contrary to public perception, at times this has nothing to do with a lack of willpower.

“Yo Yo” dieting is common for many community members. Those who hope to lose weight change their diet and see success—shedding pounds. However, eventually (sometimes quickly), they gain it all back. Scientists are now saying that for some of those serial dieters, the regaining of the weight is rooted in damage to brain cells and neurons in the hypothalamus—the part of the brain that control appetite.

Experts at the Diabetes and Obesity Center at the University of Washington in Seattle who are involved in these latest research efforts admit that the notion that brain damage is connected to obesity is nothing new. For at least the last five years, scientists have understood the connection between the hypothalalmus and obesity. The relationship was first identified in animals. Animals which had inflammation of the hypothalamus were far more likely to be overweight. Unfortunately, inflammation is a typical bodily reaction to traumatic injury. Humans, like all other animals, exhibit the same tendencies. That means that traumatic brain injuries may lead to hypothalamus inflammation and struggles with obesity.

The lead researcher in the project noted that animals forced to overeat experienced inflammation similar to that seen in traumatic brain injury victims. Amazingly, the effect was seen almost immediately, within 24 hours of the overfeeding. In a normal brain, the cells work hard to repair the damage, but when those cells cannot repair it, the harm could be permanent. This latest research adds yet another facet to the overall damage caused by these injuries. When arguing about damages in front of a jury, a brain injury lawyer would obviously explain all of the ways that the victim’s life has been adversely affected by the harm. Yet, there are always some losses, such as the increased risk of obesity, that are hard to calculate and often go without specific redress. It is a reminder that at the end of the day, no matter how big a settlement or verdict, the victims of these incidents are never made fully whole.

See Our Related Blog Posts:

It Remains Difficult For Some Victims to Receive Compensation For Their Harm

Respected National Think Tank Criticizes Damage Caps

This week the Chicago Tribune published an interview with a local professor of communication science that caught the eye of our Chicago brain injury lawyers. The discussion was based on the high-profile story of Congresswoman Gabrielle Giffords, who most know was shot in the head by a gunman almost a year ago. Firearms cause a significant number of traumatic brain injuries across the country each year. Many of the injuries are fatal, but in some cases, as with the Congresswoman, the victim is able to survive. Mrs Giffords story has been particularly amazing, considering the speed and scope of her recovery.

However, anyone who watched the Congresswoman’s first public interview late last year would have appreciated, there remains a long road still ahead. Like many other traumatic brain injury victims, Mrs. Giffords continues to struggle with words. For many of these individuals, their personality is perfectly intact, but their ability to communicate and vocalize words is hampered. The Northwestern University professor interviewed for the story explained that the speech problem, known as aphasia, affects nearly 1 million Americans. There has been a rise in the prevalence of the brain injury related problem, and more than 2 million citizens are expected to exhibit aphasia by the end of this decade.

The professor, whose work focuses on language recover following brain damage, explained that aphasia can affect both ability to understand words and the ability to produce spoken words. In general it is caused by disrupted blood flow to the part of the brain involved in language processing. For a long time experts assumed that brain injury victims of this sort could never fully recover after a certain length of time. A plateau was usually reached, meaning there was only a limited window of time where recovery could take pace. Yet, in news that is encouraging for all Illinois brain injury victims, that old assumption has been tossed out the window. Now experts believe that, in the professor’s words that “the brain is an organ of plasticity and it continues to change and improve throughout life.”

This surprising finding was reached using experimental training protocols. The professor’s research team has trained several dozen individuals who were in the chronic stage of aphasia. The vast majority of those participants (90%) showed improvement. Those patients receiving treatment then had MRIs taken to examine the physical effect on the brain development. The test revealed that those who had received the training (and improved) showed evidence of neural reorganization.

The doctor noted that the brain can recover even 10 years after the original injury, so long as proper training in provided. Yet, insurance providers routinely only cover training for a few weeks following the injury. Patients are usually discharged long before they have reached their maximum gains. This disturbing fact is one of many reasons why our Chicago brain injury attorneys work hard to help victims of these injuries seek redress and make available resources that will allow them to have extended therapy and training to reach their full potential.

See Our Related Blog Posts:

Family That Won Birth Injury Lawsuit Needs State Help to Receive Judgment

Family Awarded $4.5 Million Following Birth Injury Lawsuit

Televising or video recording the proceedings in courtrooms is not a new issue. Many have called for the showing of the legal proceedings for decades—either on TV or the Internet. However, actual use of video technology in courtrooms has been adopted only slowly. Most of the recent debate has been about recording proceedings at the U.S. Supreme Court, with many members of the high court remaining staunchly opposed to any such intrusion.

Yet, for all the debate about the cameras in the U.S. Supreme Court chamber, many have forgotten that cameras have already been used in certain state and federal chambers for the last twenty years. In more cases than not, the camera use has been allowed on a state-by-state basis, with most approvals coming in appellate courtrooms. With many exceptions (the O.J. Simpson case being the most obvious) fewer trial court proceedings have been televised and shared with the public. Of course, injury attorneys know that there is a huge difference between televising appellate proceedings and those at the trial level. Many in the general public fail to understand the significant difference between them. But any Chicago injury attorney will tell you that it is usually much easier for the public to understand the fact issues being argued in a trial versus the legal issues decided in appeals.

It is for that reason that calls have been consistently growing for increased use of cameras to allow the public to see actual trials. Many of those proponents will soon get their wish. As reported last week by WGN TV, Chicago is one of a handful of federal courts that will participate in a three year pilot project to record and publish federal civil trial proceedings. Courtrooms in northern California and Massachusetts will also participate in the effort. However, none of the other participating systems are as large as our Chicago federal system housed at the Dirksen Federal Building. Per the terms of the agreement approved recently the by Judicial Conference of the United States, the cameras will shoot directly at three spots: the judge’s bench, the podium where the lawyer addresses the court, and the witness box. The jury will never be shown, and judges will be given the option of having their faces kept hidden if they so chose.

Unlike other jurisdictions participating in this pilot project, the Chicago video feeds will not be streamed live online. Instead, they will be saved, edited, and then placed on the website for the Northern District. Interested parties will then be able to view the clips after the fact. Judges will maintain the power to order certain parts of the proceeding edited out before they are placed online.

Many Chicago injury lawyers have long hoped for more widespread use of cameras at the trial level, usually because they believe that it will help remind the general public about the benefit of the jury system. With medical malpractice caps consistently thrust upon the public as a cure-all, the use of cameras may be a sober reminder that the jury system is the heart of our system and tampering with it is unwise. It will be interesting to see how this all plays out, and what effects, if any, there are on trial strategy.

See Our Related Blog Posts:

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

Penn Live reported this week on an interesting new program that seeks to better integrate child brain injury victims into their regular school schedule. This is a topic of growing importance, as many children, especially youth athletes are suffering concussions and other brain injuries caused by head trauma. As our Chicago brain injury attorneys have often reported on these pages, proper rest and recovery time is absolutely critical for these victims. But that means more than just ensuring that children do not go back onto the sports field too soon. It also means taking into account all of their activities, including the challenges of sitting back in a regular classroom.

One county initiative highlighted in the story takes this reintegration mission very seriously. The program, with participants known as the Brain STEPS team, include brain injury experts who work closely with local public school districts and private schools to help ease teen and child brain injury victims back into their school routine. The program is still new, but it is slowly helping more children in this situation. So far the model has helped eight victims in this small corner of one state, and many more are expected to take advantage of the program in the future. It is also being heralded as an ideal model for other locations. Our brain injury attorneys know many local victims would appreciate access to these programs.

The program participants discover the resource available to them after being referred by a local children’s hospital concussion treatment center. Having medical professionals refer brain injury victims to the program is an ideal relationship, ensuring those who need the help most are made aware of the support that they can receive. This is particularly helpful for parents who otherwise may not appreciate the significance of returning to a normal school environment. Even though it may seem like a simple transition process, considering the volatility of brain injuries, nothing should be left to chance.

The director of the program explained that the project was “a school reentry model program for youngsters who have had traumatic brain injury from an auto accident or a sports injury.” Those who suffered a traumatic brain injury from other sources are also welcome. However, car accidents and sports injuries are far and away the most common causes of these injuries in teens and youth.

The group of experts which guide the reentry process include a psychologist, speech-language pathologist, and a training specialist. In addition, the Brain STEPS team includes the program manager of the local children’s hospital, a cognitive therapist from a local rehabilitation clinic, a neuropsychologist, and an elder community member—such as a grandparent or retired teacher. Together the team hopes to have the resources to deal with the wide range of ways that brain injuries can affect these children, from cognitive function problems to motor skills and speech.

The group works with the family and school officials to create a reentry plan. Perhaps the child would be best served by easing back in with half days. Or, in other cases it might be appropriate for the child to take a break after 30 minutes of instruction. In addition, the team works closely with coaches and athletic directors if the victims are involved in athletics.

See Our Related Blog Posts:

Applauding New State Bill Protecting High School Athletes

Advocates Call for Passage of Brain Injury Plan Act

Few forms of harm are more debilitating as brain injuries. The brain is the body’s central command, and so any harm to the brain has the potential to affect virtually every part of one’s life—from physical movements and mental ability to thoughts, memory, and emotions. One of the most unique consequences for some victims is a complete change in personality after an injury that affects their brain. Victims sometimes appear physically identical to before the injury, but those around them report that the in ways that only one familiar with the victim would know, that the individual is a “different person.” These personality changes highlight the reality that brain injuries are often completely unpredictable.

The unpredictability can be frustrating for families who usually want clear and straight answers from medical providers about what to expect for their loved one. However, there is another benefit to still unknown aspects of these injuries: many patients far exceed expectations. Stories abound of individuals who beat the odds again and again—recovering far more than experts would have thought possible. Each Chicago brain injury lawyer at our firm remains amazed by the struggles that some our clients have undergone only to come out happy, strong, and resilient.

DVIDS News reported last week on a heartwarming story along the same lines. They profiled a marine who was near killed by an improvised explosive device in Iraq in 2005. His mother at first received a call telling her that she would need to “escort his body home.” It was only later that she learned that he had survived. Yet she was warned not to expect much, because the injuries that her son sustained were as severe as they come. His entire body was covered in burns, countless pieces of shrapnel riddled his frame, and he had lost the entire front third of his brain.

The man’s mother explained that even upon his arrival home, doctors did not expect him to make it too long. She explained, “The doctors couldn’t explain how he was still alive because the whole side of his brain was gone. They couldn’t give me his prognosis because no one had ever survived injuries like that.” Not only has he survived, but thanks to aggressive rehabilitation programs, he is slowly beginning to thrive.

By the time the marine’s squadron had returned from deployment and visited him, the man shocked them by laughing at old jokes and remembering their stories. Now, years later, the marine has continued to progress. Within the first few years he was capable of feeding himself, moving his legs, whispering responses, and bathing himself.

Of course, this is not to minimize the severe challenges he still faced as a result of the brain injury. He was unable to walk, had minimal strength, and difficulty speaking. To help tackle those issues his mother began researching different therapy options. She eventually was able to arrange for him to have Hyperbaric Oxygen Therapy to drastically increase the oxygen levels available to damaged tissue. The man’s family explains that after the therapy his improvement levels took off. Within a few weeks his speech and thought patterns drastically improved, his strength improved, and, eventually, he was able to walk completely unassisted.

Our Illinois brain injury attorneys remained committed to helping all victims of brain injuries reach their full potential. Part of that process involves guaranteeing that the individuals will have access to the best therapy and resources possible. It is only then that they can be given their best shot at recovering and getting their lives back to normal.

See Our Related Blog Posts:

Hyperbaric Oxygen May Help Troops with Traumatic Brain Injuries

Brain Injury Victims Involved in Hyperbaric Study

Recent attention directed at sports related brain injuries has led many local, state, and federal policymakers to take action in response. Our Chicago brain injury lawyers recognize that any time a systematic problem is discovered which affects thousands of residents—particularly children—policymakers look closely to see if there is anything that can be done legislatively to address the issue. When it comes to these traumatic brain injuries, lawmakers have set their sights on new rules which are meant to help those involved identify head injuries and take action to prevent serious aggravating complications.

Recently the Denver Post published an editorial applauding new legislative effort in that state to protect high school athletes. The legislation, which became law this month after being signed by the governor, is aimed at helping coaches recognize when a player has suffered a concussion and taking step to ensure that victim is not further injured.

The law includes a variety of different components to meet the goal of keeping players safe. For example, it requires coaches of all high school sports in the state to take concussion recognition training. As the name implies, the training is conducted by professionals who will explain the common warning signs of concussions to these coaches so that they are better equipped to step in if they suspect a player has suffered a head injury. This identification is crucial, because many of the youngsters involved in athletics do not fully appreciate the consequences of a concussion. The players themselves may not fully know when the need to rest or they may try to hide their symptoms in an effort to stay in a game that they shouldn’t.

In addition to the recognition training, the law also requires that a player who has suffered a concussion receive a written medical clearance before being allowed to return to their sport. Rest is necessary after a concussion to allow the brain time to heal. The only way to ensure that a player has the adequate amount of rest is via a proper medical analysis. Coaches should never be making these vital decisions on their own, as they are not trained to recognize when a player is actually ready to go back onto the field or court.

Our Illinois injury lawyers appreciate that there is a tough balancing act that must be maintained with it comes to legislation aimed at reducing brain injuries. On one hand, there are inherent risks in all of life’s activities that cannot simply be legislated away. For example, if one never gets in the car, then all risks of being involved in a car accident go away. But obviously the potential benefits of cars outweigh the risks. Similarly, never playing youth sports also eliminates the risk. However, so many lives are enriched by these activities. The best approach then, as embodied in this legislation, is to demand that involved parties take reasonable actions to keep players as safe as possible without drastically intruding on the game. Whereas it is logical for legislature to pass seat belt laws to protect car riders, it is similarly logical to force coaches to ensure their players are fully healed before putting them back in the game.

See Our Related Blog Posts:

Pediatricians Say Boxing Not Safe for Kids & Teenagers

Former Illinois Athlete Files Brain Injury Lawsuit Against Eastern Illinois University

Class action lawsuits are brought by groups of victims who have been harmed by the misconduct of another. These suits are helpful in resolving problems for many individuals in an efficient way that does not require the use of multiple legal actions. Certain types of incidents are more likely to involve class action suits. For example, class action suits may be necessary when thousands of individuals are exposed to deadly toxins or if many consumers are affected by unfair business practices. Class action lawsuits are less common in brain injury cases. However, in certain ways brain injury victims may become involved in one of these actions as a result of their situation.

For example, Mass Live published a story today on four traumatic brain injury victims who sued their state for access to community based care. One of the victims had developed a brain injury after a driver crossed over the center line and hit his car head on. The man was initially not expected to survive. He pulled through but not before a debilitating brain injury left him in need of close care. During his long rehabilitation he spent time in two different nursing homes, both of which, he explains, did not provide ideal living conditions. He then moved to a different long-term care facility.

The man wanted to have access to individual, community-based care. However, the state rules at the time did not allow that care to be provided via use of public funds. Instead, the man was forced to bounce around from one institutional setting to another. Eventually, the man and his family joined a lawsuit seeking to force the state to provide community-based care. The suit ended with a successful settlement. The state agreed to place more than three hundred brain injured residents into living environments that were not nearly as restrictive as traditional nursing homes or long-term care facilities.

Now, with the help of a nonprofit organization committed to helping individuals in similar circumstances, these victims have found placements in community-based live-in programs. He now lives with four men who also suffered brain injuries. They receive around-the-clock care but are given much more freedom than in other settings. The men participate in outings and have a range of personal living choices. One explained that the simple pleasures of making his own food and deciding when to go outside have made a tremendous difference in his overall well being. It has also allowed him to see marked improvement in his functioning. He has taken up photography and spends some time as an “antiques picker.”

Our Chicago brain injury attorneys believe that all victims should have fair access to the care that they need to make themselves well. In addition, the quality of life of these residents must not be forgotten. Ensuring that victims will have access to the resources they need to get their lives as close to normal as possible is one key part of all Illinois brain injury lawsuits. If you or a loved one has suffered this type of harm which was caused in full or part by the misconduct of another, consider visiting with a legal professional and seeing what options are in front of you.

See Our Related Blog Posts:

Walk Draws Crowd to Raise Awareness for Traumatic Brain Injuries

Soldiers Brain Injuries from Blasts in Afghanistan Take A Toll