Chicago Brain Injury Lawyer Blog

Most traumatic brain injury stories these days focus on two main groups: young athletes and returning military veterans. Spurred by lawsuits, new research, and advocacy efforts, there seems to be a glut of information and awareness of these serious injuries affecting football players, soccer players, hockey players, and service members returning from Iraq and Afghanistan. This spreading of information is a good thing, because the consequences of these injuries in these contexts have gone with little notice for far too long.

However, it is important not to forget those situations that actually cause the most overall traumatic brain injuries for the public at large: accidents on the road. Our Chicago brain injury attorneys know that car, truck, and bicycle accidents are consistently the leading cause of head injuries among all demographics, but particularly for children. Of course, the main way to prevent these injuries is to prevent the accidents. That includes abiding by all of the basic rules of safe driving, including the avoidance of distractions, properly following all street signs, and use of safety equipment like seat belts and child restraints.

In the bicycle accident context, wearing a helmet remains the single most important thing that cyclists can do to avoid more serious harm resulting from a traumatic brain injury. An editorial in the News Press by a self-proclaimed “head case” makes this same point. The author explains that he has suffered four concussions in his life. One of those was caused by a fall from a bike that left him unconscious for about 18 hours.

It is only recently that medical professionals have made clear pronouncements on the effects that seemingly innocuous head injuries can have. Parts of the brain can be permanently destroyed from a few concussions—or even just one. That is why it remains important for all local bike riders to ensure that their head is protected at all times. No matter how careful one is when cycling, there is a chance that another’s negligence might result in a collision. Of course, unlike those in cars and trucks, bike riders have much less built in protection. When a bicyclists is involved in an accident it is virtually guaranteed that they will be thrown off their back. That means that head contact with a hard substance is incredibly likely. If the rider does not have a helmet, then the damage is often quite severe. Risking this harm is never worth it.

Each Illinois brain injury attorney at our firm works with victims hurt in these situations. In a perfect world, there would be no need for a helmet because everyone would travel safely and no one would get in an accident. We do not live in that world, and so basic safety precautions like helmets are necessary. However, if you are hurt in one of these accidents—whether you were wearing a helmet or not—please remember that you have legal rights. The law demands that travelers exercise proper caution when on the road. When they do not, and they cause harm to another, the law demands that they pay redress for the harm that was caused.

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

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In our discussions about advances in traumatic brain injury research, the Illinois brain injury attorneys at our firm often discuss basic diagnostic challenges. This is a problem that is somewhat unique to these injuries. The focus of most major health problems is devoted exclusively to a cure or, at least, better management of the symptoms. However, with brain injuries there is the added complication of properly identifying when an injury has occurred at all.

As a major-general in the Army recently observed, “Everyone wants a pregnancy test for TBI.” But that pregnancy-test-like option does not exist. As a result, many individual who suffer these injuries are not diagnosed. They therefore do not receive proper treatment and often suffer extreme complications as a result. A story yesterday from KXAN delves into the topic, discussing the current methods used to diagnose TBI and trials being conducted to test the reliability of various treatments.

The story shares the tale of one Army private as he is engaged in a test, which measures response times via mental games. As part of the test, the taker is asked to name off animals that appear on a screen as quickly as possible. In another portion the taker must click on certain buttons when multiples of three appear on the screen.

The Army private has taken versions of this test many times since he suffered a traumatic brain injury after the truck in which he was riding was hit with an explosive projectile in Basra, Iraq. Following the attack the soldier suffered bruises, broken bones, and most damaging of all, a head injury. However, unlike the physical damage, the brain injury was impossible to see and difficult to describe. He noted that “it was harder to verbalize what I was trying to say. I saw an issue with remembering certain things.”

Our brain injury attorney knows that these are common symptoms for these injury victims. The computerized test that the soldier is taking is meant as a way to examine his functioning. The scores on the test are compared with scores that the same soldier receives before being caught in the explosive blast. The difference in the scores is meant to indicate whether or not a TBI has been suffered.

Beyond testing for the existence of the TBI, these simple computer games also may hold the key to actually treating traumatic brain injuries. The solider in this case is participating in a trial aptly known by its acronym SCORE: Study of Cognitive Rehabilitation Effectiveness. SCORE is one of several trial studies that are targeted at getting medical professionals better tools to help those who suffer these injuries—particularly those returning from Iraq and Afghanistan.

A part of this particular test, soldiers receive four different types treatments, with the effect of each treatment on overall brain recovery tested and measured. The various types include individual therapy, group therapy, computer exercises, and behavioral health exercises. The trials are just getting underway and are set to continue for at least the next three years. All those involving in the traumatic brain injury world will likely awaiting the results of these and similar research efforts.

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Study Questions Efficacy of Military Brain Injury Treatments

Brain Injury Therapy Available for Iraqi War Veterans

Cage News reported this week on a new traumatic brain injury study that is just getting underway involving those in the boxing profession. It has long been known that boxers often experience severe traumatic brain injuries. It is little wonder why, considering the sport itself is entirely about getting hit repeatedly in the head. The long-term harm suffered by these athletes is very real, and all those involved in the sport need to do everything in their power to make the sport as safe as possible.

As part of that overall awareness effort, our brain injury attorneys were encouraged to read about a new research effort involving these athletes. More specifically, the researchers want to figure out why some involved in boxing—and the increasingly popular mixed-martial arts events—face brain injuries and others do not. In the end, these medical professionals want to use the information to come up with better ways to keep these athletes safe. Once they pass their fighting days, many of these athletes face extreme hardship in their later years after suffering permanent neurological damage. The project’s chief investigator noted, “The last thing we want to do it stop these sports. But we want to be able to protect athletes from long-term brain issues.”

This four-year study will involve testing and monitoring a group of boxers. The first round of 150 athletes has already been tested. In total, more than 700 boxers will hopefully be tracked. Each is given a MRI test to get a baseline brain activity level. Brain levels will then be measured at certain intervals. Beyond the MRI, the participating fighters will also undergo a series of cognitive and memory tests. Comparing the resulting data with other information about individual fighters will hopefully yield some clues about the traits that make these injuries more likely and those that do not.

The brain injury researchers also hope to develop a better sense of the physiology of the conditions which cause the most harm. Of course researchers know that getting hit in the head leads to brain damage. That’s obvious. However, there is no real understanding why two individuals who otherwise face the same level and amount of head contact may have different outcomes—with one facing severe problems and the other being relatively fine. Figuring out why some are affected and others are not will go a long way to developing ways to make the sport safer without compromising the essential elements of the sport. There will always be some risk of harm, but that doesn’t mean that inroads can’t be made in safety to keep more fighters healthy.

Our Chicago brain injury attorneys know that much of this work was spurred by high-profile examples of those involved in “fighting” sports—particularly boxing—who suffered traumatic brain injuries with long-term consequences. For example, Joe Louis developed severe dementia that was linked back to his boxing days. Popular fighter Sugar Ray Robinson developed Alzheimer’s disease likely due to his fighting. Several fighters have also recently died at relatively young ages as a result of a brain condition known as “dementia pugilistica.”

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Pediatricians Say Boxing Not Safe for Kids & Teenagers

Former Illinois Athlete Files Brain Injury Lawsuit Against Eastern Illinois University

The Illinois brain injury attorneys at our firm have frequently written about the brain injury lawsuits that have been filed against the NFL by many former players. These suits contain a variety of accusations. However, at the root of them all are claims that the league did not do enough to prevent players from experiencing traumatic brain injuries that have affected their lives well beyond their playing career.

Now, according to the Chicago Tribune, the family of a famous Chicago Bear is taking the same steps. Dave Duerson was a Pro-Bowl safety for the team and a member of the storied squad that won the Super Bowl in 1985. Last year, Duerson shocked his friends and family by committing suicide in a Florida condo. As part of his suicide note, Duerson asked that his brain be donated to the NFL’s “Brain Project,” because he believed that the injuries he sustained during his career caused him many problems—potentially contributing to his mental condition and suicide.

The lawsuit, filed on behalf of Duerson’s family claims that the NFL knew for years that concussions were hurting players. However, the suit alleges that league officials deliberately concealed that information from players and coaches. In addition, the suit claims that officials erroneously told players that it was safe to return to the field the same day as suffering the concussion. The complaint states that “the NFL refused to acknowledge that brain damage in former NFL players is an epidemic that constitutes a national health crisis.”

In Duerson’s case, he suffered at least three documented concussions during his playing career. As a result of that trauma he suffered from a condition known as chronic traumatic encephalopathy, CTE. Our brain injury lawyers know that CTE is a form of progressive brain damage that is often found in athletes, including other athletes that have committed suicide. In the past CTE was only associated with former boxers. However, as more focused research has been pointed on the problem, it has been discovered that many different athletes have the condition. CTE is only truly identifiable by examining the brain after death, and so many likely suffer from CTE currently without knowing it.

The family’s lawyer summarized the lessons that should be taken from this tragic situation, noting, “Current coaches, trainers, and players from the NFL down to the Pee Wee level, need to take heed—avoid concussions as best they can, recognize their significance and when in doubt, sit out.”

Besides the National Football League, this latest suit also names Riddell Inc. which is the makers of the helmets for most league players. Like the allegations against the NFL, the suit claims that Riddell officials knew that their helmets would not prevent concussions but failed to warn players of this. Observers explain that this latest traumatic brain injury suit is just the latest of at least twelve different lawsuits that have been filed by retired football players against the NFL. Thus far the NFL has denied all of the charges, and officials have echoed their commitment to player safety.

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National Public Radio published an interesting story this week that summarizes the current state of research into ways to help returning service members that have suffered traumatic brain injuries. Thousands of soldiers have fallen victim to these injuries, which are often caused by hard knocks taken when in proximity to bomb blasts. Roadside bombs and other shellings are common in both Iraq and Afghanistan, and so traumatic brain injuries have been called the “signature” wound of these wars.

One soldier profiled for the story explains how he suffered one of his injuries—a tale shared by many fellow soldiers. He explained, “I was in the lead vehicle, which hit an IED [improvised explosive device]. I hit my head, blacked out for a little bit.” At first the man just shook off the wound. After all, they were in the heat of battle and had to pursue the fighter who had placed the device there in the first place. However, eventually, when things settled down a bit, he began feeling the aftereffects on the brain injury. When he was examined by a medic it became clear that he need to seek treatment immediately.

Unfortunately, like many victims in other circumstances, our Illinois brain injury lawyers know that many soldiers do not receive proper treatment following one of these situations. This is likely due in large part to the fact that traumatic brain injuries are not visible on the outside. They are caused by the violent shaking of the head which leads the brain to bump repeatedly on the inside of the skull. Symptoms are incredibly varied and may not manifest for a while after the actual trauma. In many cases the long-term effects of the injury can be avoided if proper treatment is sought. However, when they treatment is neglected then serious problems can develop.

Observers admit that in the past the U.S. Army did not have a terrific track record of spotting traumatic brain injuries and ensuring that soldiers received necessary treatment. They are working to change that. However, our brain injury attorneys appreciate that there remains a very large problem in properly diagnosing traumatic brain injuries. Medical professionals have not yet developed a system that can determine perfectly whether one has a head injury. Many are hopeful that one day a blood test or brain scan can be developed which might show without question whether a TBI has been suffered. Until that time, those involved have to use less exact tools.

A major general in the Army explains, “What are we going to do immediately? Immediately we gotta identify these guys as soon as we can, get them out of the fight. Because we know that for concussion, the best thing to do immediately is taken them away from the insult, rest them, let their brain recover.”

This is the same approach that doctors use in all settings, including with athletes, in an effort to prevent long term complications from head trauma. It is important that this approach be followed 100% of the time. Lives literally hang in the balance, and so there is no room for error.

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Study Questions Efficacy of Military Brain Injury Treatments

Brain Injury Therapy Available for Iraqi War Veterans

Each Chicago brain injury attorney at our firm has followed closely as research efforts into traumatic brain injuries have seen a new wave of life. This is likely due to a combination of factors. On one hand, medical professionals are slowly learning more and more about the actual long-term harm of certain injuries—like concussions—that were previously thought to be less severe. In addition, a large number of American service members are returning from fights in Iraq and Afghanistan with severe head and brain injuries. Many are rightly worried that these returning soldiers need to have access to viable treatment options that can help relieve some of the symptoms of their injuries.

Beyond treatment options for adults, an entirely different line of traumatic brain injury research is looking at helping the youngest victims—those who suffer head trauma in the first few months (or years) of life. For example, the San Bruno Patch reported this week on a new line of research being funded by the Federal Drug Administration’s stem cell research project. The effort involves partnerships between a private company that collects umbilical cord stem cells and university medical research bodies.

The company, Cord Blood Registry, has been collecting the umbilical cord blood from mothers of newborns for the past few years. The hope is that these stem cells can be used to help correct a wide range of problems that affect children at birth or shortly thereafter. Specifically, this latest project involves tackling three different problems—cerebral palsy, hearing loss, and traumatic brain injuries.

The traumatic brain injury part of the research effort will be spearheaded by medical professionals affiliated with the University of Texas Health Science Center at Houston and Children’s Memorial Hermann Hospital. With help from the stem cells collected by the private company, the researchers will create treatments for a trial group of ten children being cared for by the children’s hospital. Each of those children suffered a severe brain injury within a year and a half of their birth. As part of the research effort, the children will be given the stem cell treatment—these are their own stem cells taken from their mother’s umbilical cord shortly after their birth. The participants will then be monitored closely along a range of factors throughout the testing process to gauge how the treatments affect the children—if at all.

The Illinois traumatic brain injury attorneys will be following this line of research closely to see if there are any positive develops. It would not be an understatement to say that these stem cell trials are some, if not the, most anticipated research efforts which may one day lead to complete cures for these ailments. As the head researcher of the private company involved in the effort explained, “the benefits of cord blood stem cells being very young, easy to obtain, unspecialized cells which have had limited exposure to environmental toxins or infectious disease and easy to store for the long terms without any loss of function, make them an attractive source for cellular therapy researchers today.”

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Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

WSLS News warned its local readers about what it deemed the “silent public health epidemic” of traumatic brain injuries. In so doing they shared they story of a local resident who fell in her basement a few years ago. The woman explained that she was on top of her dyer while trying to fix a problem with a squeaking sound when she fell backwards. She hit the concrete floor. There was a light pad on the concrete, but her head and shoulder still made very hard contact. At first the woman was stunned by the fall—unable to move or talk. Eventually she regained her senses and was able to get up. She went to the doctor and was told that she had a concussion. Our Illinois brain injury attorneys realize that there is a perception among many in society that concussions are “not a big deal.” In the past they were essentially assumed to be just a hard knock on the head that didn’t have any long term consequences.

However, more and more people are learning that not to be true.

For example, the woman in this case still feels the effect of the fall three years later. As one doctor explained, “Often what will happen after a period of time, one will start to see changes in behavior that will be directly related to TBI.” These effects are hard to notice at first and often explained away by victims as caused by something else. Rarely is the traumatic brain injury recognized as the actual cause of the harm. It is for this reason that the problem is often considered “silent”—its effects are still underappreciated by the society at large.

It is a community problem, because it can affect everyone at one point or another. Through the years our Illinois brain injury lawyers have watched as local residents have suffered TBIs following car accidents, falls, in sports, and a variety of other scenarios. National statistics suggest that every year across the country about 1.5 million Americans suffer one of these brain injuries. The effects run the gamut from death and permanent disability to memory loss, emotional damage, and beyond.

Children may be the most prone to problems. One medical expert in the area explained, “Amongst children, from about birth to age 14 in the U.S., TBI is the leading cause of death and the leading cause of disability of children.” In other words—the effects are serious and the scope of the problem is broad.

Even then, the current information about the scope of the problem may underestimate its seriousness. That is because professionals still lack tools to properly identify TBI precisely in all cases. New research projects are popping up which it is hoped will improve diagnosis. But those efforts are still in progress. The most promising studies are those that use MRI analysis right after an injury occurs and as the brain recovers to identify exactly how the brain works and changes during this time. If successful, these research efforts could go a long way toward identifying the injured and ensuring that receive the treatment they need.

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Sports and Traumatic Brain Injuries

In Illinois, Treating Brain Injuries May Now Be In Our Own Hands

Those involved in all professional sports and high-risk activities have become more and more aware of traumatic brain injuries over the past few years. Medical research into the injury has suggested that head trauma leads to far more long-term damage than once thought. This new information must be taken into account by many different organizers, participants, and administrators of these activities to ensure that risks are minimized.

The Brattleboro Reformer posted a story this week on efforts by NASCAR—the most popular auto racing league in the country—to protect drivers. Of course, our Chicago brain injury lawyers appreciate that risk of head trauma is particularly high for these athletes, because auto accidents are the single most common way that community members suffer these injuries outside of the sports and entertainment context. However, the new findings into the long-term consequences of even minor head trauma suggests that officials in all sports, including NASCAR, need to pay close attention to the way that injuries can occur slowly over the course of a career.

In the Reformer story, well-known auto racer Michael Waltrip explains that in his over 30 year career in the sport he suffered well over ten concussions—perhaps many more. He discussed how sport officials assumed that things were safe in the past, even though they weren’t, noting “We thought we had it figured out. I raced all the way through 2001 when people were getting killed. And all through that time, I was hitting my head and knocking myself out and getting concussions and going to the hospital. And I don’t know what the means to me in ten years, but I know it’s a concern.” He also admitted that many drivers fail to receive the attention they need after a hard crash. This was particularly true in the past when mandatory medical check-ups did not exist.

Many NASCAR observers explain that it took the 2001 death of racing legend Dale Earnhardt to truly shake the industry into doing much more to prevent head injuries. Earnhardt died after a last lap crash in the biggest race of the year for the sport—the Daytona 500. Many neck guards and other safety features were installed after that tragedy to keep drivers safe from particularly strong and potentially deadly trauma during accidents.

However, our each brain injury lawyer can explain that most attention these days is not on preventing one-time blows but the consequences of repeated concussions and other head trauma. Many older, former athletes are experienced a range of neurological issues as a result of the knocks that they took over the course of their career.

NASCAR officials say they are aware of the concerns and have worked hard to prevent these injuries in current athletes. According to the report, there have been at least 29 concussions identified in the sport’s three top series in the last 8 years—with only 11 of those happening in the last five years. Officials believe that the decrease in these injuries is due in large part to mandatory neck safety devices, new impact-absorbing barriers on track walls, and completely redesigned cars that are built to reduce injury.

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Lawsuit Filed After Inmate Suffers Brain Injury

New Technology Aims to Help Victims of Traumatic Brain Injuries

Much ado is being made about new medical research advances which may offer hope that a drug could be used to stem the damage caused following a traumatic brain injury. The talk has been spurred by a new experimental drug which was profiled on Monday by the L.A. Times. Each Chicago brain injury attorney at our firm has been following the developments of this line of research to better understand how it might apply to future Illinois brain injury victims in our area.

As blog readers know, much of the damage faced by brain injury victims occurs in the hours and days after the injury is actually sustained. During this time there is a slowing of blood and oxygen flow into the brain. This creates many problems, because the blood and oxygen is needed most during this time to help the healing process. As a result, the brain often suffers permanent damage that can affect the victim in a variety of ways. If something could be done to spur blood and oxygen flow into the brain then much of the subsequent damage to the brain after the injury—the “brain tsunami”—might be avoided.

That is where the drug research comes in.

As we explained in recent weeks, a drug known as clazosentan may be one of the keys. The latest findings related to the drug will be published at the yearly meeting of the American Academy of Neurology in April. However, we know that when administered within two hours of a brain injury in rats that had experienced head trauma, the drug allowed the injured to maintain blood flow to the brain. More specifically, the drug seemed to restore blow flow to the part of the brain responsible for memory—the hippocampus. In rats, this meant that they were better able to run a maze after the injury with the drug than after the injury without the drug.

The drug seems to work by blocking the brain receptors which act to restrict blood flow. However, the timing of the administration of the drug appears to be crucial. When given more than twelve hours after the injury, there seemed to be little benefit. There was modest benefit when given only once, within two hours of the injury. Conversely, the largest benefit was seen with double administrations—one within two hours of the injury and a second dose twenty four hours later.

Clazosentan has been used before to help brain injury victims, but in a different context. Even then the effect was only modest. In the past, the drug was used to reduce brain damage caused by aneurismal subarachnoid hemorrhage. This is essentially bleeding on the brain caused by a ruptured artery or vein. The overall benefits to these stroke victims from the drug were modest. The drug did work to limit the risk of a complication called post-stroke vasospam. However, the drug’s use did not actually lower the likelihood of death or disability following the stroke. However, the benefit of the drug may prove more useful for traumatic brain injury victims (as opposed to stroke victims) if the results of this latest research prove robust.

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New Class of Drugs May Limit Brain Inflammation

The Role of Mitochondria, Imaging, and Drugs in Traumatic Brain Injury Treatments

Each Illinois brain injury lawyer at our firm has followed along closely over the past few months as more and more attention has been paid to head injuries suffered by our troops returning from Iraq and Afghanistan. Two things are we are seeing over and over are traumatic brain injuries and post-traumatic stress disorder. Recently, a new story from Medical Express discussed how scientists are beginning to unravel the connections between these two brain injuries. Hopefully the work into this area will be that start of developing better treatment options that can tackle both of these harms and improve the lives of these servicemembers.

The new information is coming out of UCLA, where university life scientists have found the first evidence which seems to scientifically link the experiencing of a traumatic brain injury to the susceptibility of post-traumatic stress disorder. The findings were published last week in the Biological Psychology journal. The report summarizing the work suggests that those who suffered the head trauma which causes a TBI are more likely to develop anxiety disorder. The development of that anxiety disorder is often a precursor to more serious forms of post-traumatic stress disorder. The study’s authors suggest that this is even more reason for those who suffer a TBI to avoid stressful situation for a period of time after suffering the injury. We have often explained how medical experts similarly suggest that all those who suffer these brain injuries avoid stressful situations, such as student athletes facing tough school exams after suffering a concussion.

The senior author of the study explained that the research was conducted in rats and motivated by a desire to find a link between the conditions which so often affect servicemembers. This particular study was the first to link the two conditions. However, the effort was about a correlation between traumatic brain injuries and post-traumatic stress—not causation. The actual reason that the two conditions are connected remains unclear. At a basic level, researchers suspect that one option may be that the experiencing of a TBI is simply a frightening and life-altering event, which itself might create the link. In that way the connectional might be merely incidental. This is different than if the brain injury somehow physically changed something about the individual internally which led to an increased risk of the stress disorder.

Yet, the study author’s believe that the two could actually “be linked in a more mechanistic way.” To get at this possible connection the scientists conducted “fear conditioning” in rats with brain injuries. The author summarized the results by explaining, “something about the brain injury rendered [the animals] more susceptible to acquiring an inappropriately strong fear. It was as if the injury primed the brain for learning to be afraid.” Delving deeper the scientists found that the amygdale may play a role. Essentially, the brain injury leaves the amygdale in a more excitable state, which in essence readies it for potent fear. The readiness to be afraid is one of the hallmarks of post traumatic stress disorder.

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Study Questions Efficacy of Military Brain Injury Treatments

Brain Injury Therapy Available for Iraqi War Veterans

Medical Express News this week reported on the results of a new study which may help those with brain injuries deal with the inflammation of the organ. Scientists at the Emory University School of Medicine have identified various materials which seem to act as a tool to protect brain cells from inflammation. This swelling of the brain is a common attribute of certain head injuries, and it is often linked to seizures and neurodegenerative diseases.

The science of the materials gets a little complex. According to the story, the compounds block one of the four receptors for a certain hormone involved in certain brain features. Those features include a wide range of activities, from fevers and digestions, to childbirth and blood pressure regulation. Before this research there were no known chemicals which could block the signals from these receptors. This research changes that. Our Chicago brain injury attorneys appreciate that the power to reduce inflammation in this way could be an important tool for doctors down the road to help spare brain injury victims the harm that comes with excessive inflammation.

The testing of the chemical has yet to be done on humans. However, in the animal subjects, use of the chemical resulted in marked reductions in inflammation to the brain after a prolonged seizure. These exciting findings were reported in the latest edition of the Proceedings of the National Academy of Sciences magazine.

The senior author of the report explained that EP2—the compound that is blocked by the chemical—plays a roll wherever inflammation occurs in the nervous system. Discussing the potential benefits of the new chemical, the author summarized, “Anywhere that inflammation is playing a role via EP2, this class of compounds could be useful. Outside the brain, EP2 blockers could find uses in other diseases with prominent inflammatory component such as cancer and inflammatory bowel disease.”

Overall, one of the main goals of the research project was actually not directly focused on limiting brain injuries. Instead, the story notes that the goal was essentially to develop non-steroid anti-inflammatory drugs (NSIDs) like aspirin and ibuprofen. However, the goal was to find alternatives while avoiding the some of those drugs’ side-effects. Excessive use of aspirin, for example, can lead to weakening of the stomach lining. This new compound that was found has similar protective effects without the negatives.

The Illinois brain injury lawyers at our firm understand that there is a ways to go before these developments actually translate into new treatments or a class of drugs that might be given to patients. While it is exciting to report on developments in research as they are published, it usually only marks the beginning of a long process that one day ends in better options for patients. These extra steps are usually necessary to ensure the efficacy of the findings and the safety of their use in humans. Our team will be sure to follow these results as they continue through to process to hopefully one day improving the lives of those suffering from brain inflammation.

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Possible Breakthrough in Concussion Treatment?

Stem Cells May Play Future Role in Traumatic Brain Injury Treatment

The Standard-Examiner shared a heartwarming story today that highlights both advances in brain injury treatment and the way that fast action by medical providers can save the lives of our most vulnerable patients. At the center of the story is a young family who just had their first child. The baby girl seemed to be fine immediately after the delivery. A mother, father, and grandparents were all gathered in the hospital room with the baby after her delivery, in good spirits as they passed the child around so everyone could get a chance to meet the new addition.

However, a few hours after the birth, as the mother was holding the child, something went wrong. As she placed the baby on her chest, the mother sensed that something was amiss. She pulled the baby away and noticed that she was completely limp and turning blue. It was clear that the child was not breathing. The woman’s father immediately ran out of the room and yelled for help. Two nurses rushed in and took the child down the hall. Once there, a team of medical experts went to work trying to resuscitate the baby. She was eventually hooked up to a ventilator.

One of the main concerns in these situations, when one is not breathing, is the potential effect of lack of oxygen to the brain. Many brain injuries—particularly those affecting young children—are caused when the brain does not receive oxygen for a prolonged length of time. Fortunately, the doctors at this hospital were trained in a new technique which seeks to prevent permanent brain damage as a result of oxygen deprivation. Shortly after the child was stabilized, she was placed in a device known as a “cooling cap.” The cap essentially works a controlled induction of hypothermia. The cap uses water enclosed in a tube system to circulate water around the head. Computers monitor the temperature to ensure it remains at desired levels. The treatment last for 72 hours.

Our Chicago brain injury lawyers have followed along in recent years as scientists have learned how cooling of the brain can slow the spread of damage, or in some cases, prevent brain damage altogether. A study published last year in the journal Neonatology found that the cooling can work to save lives in young babies. The lead author explained, “before neonatal cooling for birth asphyxia, death were more common and neurodevelopmental delay was obvious in over half of survivors.” Now, many of those babies are saved, and a much smaller fraction show any sign of brain injury or damage.

In this case, the cooling worked. The child seemed to recover just fine. Now, six months old the little girls seems to show no sign of disability. She has developed on schedule and is actually ahead of others infants in certain measures. She can be found laughing, giggling, sitting up on her own and crawling. Thanks to the quick efforts of well-trained medical personnel and the lifesaving new research, a potentially life-threatening injury was avoided.

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Scottish Doctors Develop Cooling Jacket to Help Prevent Brain Damage

The Brain Tsunami

Our Chicago brain injury lawyers know that one of the claims that those advocating “tort reform” make is that the legal system is too inefficient and costly to handle most claims. They suggest that these proposals are a more logical, stream-lined and fair ways to handle disputes. Of course, they are nothing of the sort. Instead, these laws do not make the legal system more streamlined—they simply throw up more roadblocks for recovery for those hurt by the misconduct of others, including Illinois brain injury victims.

However, because so much political debate these days occurs only in sound bites—and not reasoned consideration of actual policy issues—it is difficult for most members of the public to truly analyze how these bills will affect them. For most, the only time that they experience the effects of these damaging pieces of legislation is when they themselves are hurt or have a family member who seeks help from the legal system to hold those who harmed them accountable. It is then that the true effects are felt and the injustice of the rule changes are made apparent.

It is our hope that by continuing to share stories of those who are adversely effected by misguided tort reform laws that more people will begin to fight back against the political efforts of those seeking to alter the legal system in fundamental ways—and not for the better.

One common example involves plaintiffs who are forced to engage in lengthy, protracted battles to actually collect damage awards even after an impartial jury heard the evidence and reached a unanimous ruling in their favor. For example, the Miami Herald reported this week on a young child who suffered a debilitating brain injury at birth. The medical providers who delivered him acted in appropriately during his birth, leading to a range of lifelong challenges. As a result of the injury he has only partial use of his arms, legs, and mouth. That hasn’t slowed him down, however. His parents proudly explain that he is a straight-A student. However, the family struggles to provide what the child needs. If he had around-the-clock care, he would likely be able to flourish.

Five years ago, the family won a verdict in their favor following a brain injury lawsuit being filed. A jury awarded the family $30 million, but the child hasn’t seen a dime. That is because the law in the state requires that when a public body is involved, like in this case, actually dispensing funds requires a “claims bill” to pass through the state legislature. That means that even after winning the jury verdict the family is forced to wade through political muck in order to try to collect the damage award. This usually involves hiring lobbyists and making pleas to legislatures to approve something that a jury already ruled upon. In this case, even five years later, nothing has been done. It remains unclear if anything ever will be done. All impartial observers cannot argue that adding these extra hoops for victims to jump through does anything but slow down the judicial system and interfere with justice actually being done.

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Legal Experts Line Up Against H.R. 5

New Website to Voice Opinion on Proposed Federal Laws

Calls for increased awareness of traumatic brain injuries seem cliché to those of us who work in the area day in and day out. Each Chicago brain injury attorney at our firm works on these issues every single day, and so it sometimes comes as a surprise when we read stories about the public being unaware of the prevalence of these injuries. To those who spend each day reading news stories about brain injuries and working with Illinois brain injury victims, the scope of the problem is almost second nature.

But of course most community members do not work on this topic every day. That is why continued efforts to raise awareness of the risks of traumatic brain injury and prevention measures are appropriate. A new story in the Post Bulletin said just that. The article shares the story of a young 17-year old high school women’s basketball player. Last week the girl put on her uniform, stepped out onto the court and stayed just long enough for the tip off before exiting the court. The move was a symbolic one—a final moment on the court for the high school senior who had once graced the gym as a star player. She even had offers to play college sports because of her natural athletic ability.

However, those days were behind her, as a string of concussions on the court eventually led her to step back from the game lest she risk permanent long-term injury and even death. As often happens in these games, some players face not just one brain injury, but several. The girl in this case experienced at least four traumatic brain injuries over a four year period while playing basketball and soccer. At the end, it became clear that she could no longer risk the potential harm that the head trauma offered. Along with her family she made the wise decision not to risk permanent harm and backed away from the games. It was undoubtedly a hard moment, but likely a wise decision.

As the article notes, traumatic brain injuries remain for more prevalent that the average resident understands. As a result of the misapprehension about these injuries, many young athletes continue to play without allowing the injury to recover, leading to permanent brain damage. The brain damage is often subtle, such that problems faced by the victim are attributed to inherent mental deficiencies are personality issues.

Just last week a new Mayo Clinic Epidemiology Project study found that these injuries are at least 60% more common than even medical professionals once thought. This latest report, published in the journal Epidemiology, found that the Centers for Disease Control and Prevention had previously estimated that 341 people out of every 100,000 suffered a TBI. But that number was found to drastically underestimate the problem. Mayo experts studied various county records over a period of decades and found the figure to be far higher. The actual number is likely nearly 560 people per 100,000. This suggests that not only is the general public likely underestimating the prevalence of traumatic brain injuries, but those well-versed in the subject are as well.

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Facts on Traumatic Brain Injury

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

CNN Health published a unique article this week discussing the way that traumatic brain injury symptoms often seem to come straight out of the movies. It makes for great drama when a movie character loses their ability to process memories, changes personalities, and otherwise has severe cognitive consequences without outward visible injury. But watching a movie about a traumatic brain injury is one thing—having to live with it is another.

CNN’s health director wrote that most of the public fails to realize how common these injuries are—affecting 1.7 million people each and every year. That group includes more mild injuries that can heal with rest to severe head trauma that results in long-term comas and death.

As our Chicago brain injury attorneys noted last week, another major Hollywood movie is making its debut focusing the effects of brain injury. “The Vow” opened this week starring Rachel McAdams and Channing Tatum, about a couple’s love stretching to the brink as a result of a wife’s brain injury. In fact, the movie is based on a true story about one family’s struggle to keep their marriage alive amid a devastating injury.

In the movie a young couple gets caught in a serious car accident. The wife suffers a traumatic brain injury. As a result of the injury she loses all her memories of the past five years of her life. It was during those five years that she met and fell in love with her husband. That means that she has no recollection of who he is or her relationship with him. He is now a stranger. Of course, the woman is completely confused about the situation, but her husband remains devoted to her. They decide to start all over—dating as if they had just met.

The story makes for interesting drama, and, amazingly, most of it actually occurred for Kim and Krickett Carpenter. The doctor sharing the story explains that this is a perfect example of how the body, particularly the brain, is stranger than fiction. He summarized, ‘if you can imagine it, it’s probably happened, and a lot of things you’d never imagine have happened too.”

The doctor describes in detail the variations of memory loss. Our Illinois brain injury lawyers are familiar with these issues, as they have affected residents in our area. In general there are two main forms of memory loss. Anterograde memory loss refers to an inability to form new memories for a period of time after the injury. Retrograde, which is less common, involves losing memories of things that happened before the injury.

However, the movie glamorizes the situation a bit too much. In most cases, a brain injury not only causes memory loss, but other problems as well. Often an individual’s personality changes in significant ways. For example, for Kim Carpenter, rekindling romance with her husband was just as much about dealing with the altered personality as much as regaining memories. It is important for all observers to keep this reality in mind as they watch movie portrayals of these situations.

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Traumatic Brain Injury and the Effect on Marriage

The Effect of Traumatic Brain Injury on Marriage

When an Illinois brain injury is caused by the negligence of another, the injured individual can seek compensation for the harm caused. Often, the negligent party and the one harmed will reach an agreement on a fair amount of compensation without the need to go to trial. These settlements are helpful in that they save time and money while still allowing both sides to resolve the situation in a satisfactory manner.

However, there are times when a settlement cannot be reached. In those cases, the lawsuit proceeds to trial where a judge or jury hears the evidence and reaches a ruling. When the ruling is in the plaintiff’s favor, there is often a second phase to the legal matter. In that phase, more evidence is presented, however it only has to do with establishing the damage amount—not deciding liability or no liability. Each Illinois brain injury lawyer at our firm appreciates that it can be difficult to know for certain what resources a family will need as a result of the injury caused. This is because sometimes the long-term effects of brain injuries are sometimes hard to pinpoint.

The difficult in identifying the overall cognitive abilities of those who have an injured brain was the focus of an article at Health News Digest this week. The difficulty is most apparent in those with the most severe brain injuries. For example, researchers have found that for some, it takes the use of complex machine-learning programs in conjunction with repeated brain scans for doctors to determine with certainty whether a patient with a severe brain injury was capable of accurate communications. Essentially the issue is whether or not the patient can generate reliable brain activation patterns in response to stimuli. Sometimes this is thought of as the limbo between consciousness and unconsciousness. The entire area is still rife with uncertainty.

In short, the finding suggests that some patients unable to communicate with voice or gestures were still able to occasionally answer questions using mental imagery. Interestingly, some who could communicate were conversely unable to complete the mental tasks. This suggests that not all minimally conscious victims are the same and those in the “locked-in” state do not have the same cognitive functions.

These latest techniques at identifying cognitive function, while cumbersome, are seen as an improvement over earlier, less sophisticated methods. The head researcher explained that “the reanalysis with new, more sensitive methods provides evidence that the problem with communication may reflect a mismatch of our expectations in designing the assessment, rather than a failure on the subject’s part in an attempt to accurately communicate with us.”

Our Chicago brain injury attorneys understand that there is still much to learn when it comes to the abilities and limitations of those suffering cognitive injury. However, that does not mean that the amount of long-term care and extra help needed by the injured party (and the cost of those resources) cannot be determined with some accuracy. That is essentially what reaching a damage award is about. Over the years our legal professionals have gotten quite good at identifying and calculating the overall loss so that our clients receive as full compensation as possible.

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

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Our Illinois brain injury attorneys realize that brain injury research often has two ultimate goals—prevent the occurrence of the injury in the first place and provide actual cures for those who do suffer harm. When it comes to traumatic brain injury, prevention usually seems a more productive goal. That is because we know exactly what causes the harm, at least at the outset—severe head trauma. Prevent that head trauma—in car accidents, falls, and sporting events—and the injuries will not occur. From creating better football helmets to passing seatbelt laws, researchers and policymakers are working on those prevention measures in many ways.

But that doesn’t mean that experts have stopped exploring ways to help those who already have suffered a brain injury. In fact, a lot of attention recently has been paid toward helping those who have already suffer the trauma. It is no easy task. The mysteries of the brain remain baffling in many respects and our wisest minds are only just beginning to learn more about how the brain works and how it can be manipulated.

Some progress has been made, however.

Medical Express News, for example, recently published an article on a research breakthrough that may yield neurological improvement for young brain injury victims. The study, presented last week at the annual Society for Maternal-Fetal Medicine meeting, involved the transplanting of stem cells into the brains of rats mimicking neonatal infants. The study found, for the first time, that donor stem cells are capable of being inserted into the recipient’s brain. The cells can survive, migrate to the brain, and provide potential benefits. This is an important new step that may indicate the direction that research in the field will head in the future.

This particular study examined neonatal brain injuries—usually experienced by infants born prematurely. When an infant is born prematurely, brain injuries are one of the most common consequences. In fact, when considering the range of mental harms, including behavioral, attention related, and socialization problems, anywhere from twenty five percent to fifty percent of all premature infants are affected. Our Illinois cerebral palsy attorneys realize that more destructive motor deficit problems, like cerebral palsy, occur in about five to ten percent of those born prematurely.

Little is known about ways to reverse this problem for these infants. However, stem cells have the chance to change that. The cells may be able to be transplanted into victims, repairing damage otherwise thought to be irreversible. One involved medical researcher explained, “Stem cells are a promising source for transplant after a brain injury because they have the ability to divide throughout life and grow into any one of the body’s more than 200 cell types.”

That is what this latest research attempted to take advantage of—in rats with injuries that are similar to those seem in neonatal humans. The result of the study found that use of the stem cells may actually accomplish just what medical experts have hoped it might—repair and rejuvenation of previously injured brain cells. Much more research needs to be conducted. However, this study is an encouraging initial finding that suggests the general claims about stem cell benefits may be valid, improving the lives of countless individuals down the road.

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Facts on Traumatic Brain Injury

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

Most traumatic brain injuries are caused by accidents—car collisions, falls, and the like. However, the focus on these accidental injuries (and the subsequent brain injury lawsuits that they often spur) should not lead to ignoring the fact that many brain injuries are actually caused by intentional misconduct. Head trauma in physical altercations and fights often leads to serious injuries.

Noozhawk News reported this week on just such an altercation. Local police were called to the scene of a physical attack on a man early in the morning last Sunday. A passerby apparently called 9-1-1, alerting officials to the fact that a man was severely injured and lying on the street. When authorities arrived they found the man on the ground unconscious. He was convulsing, and had blood all over his face. After being admitted to an area intensive care unit it was discovered that he had a fractured skull, bleeding on the brain, and a broken nose. It was clear that the man had been attacked leading to the brain injury.

Fortunately, a witness saw that a car fled the scene, jotting down the license plate number. Police were able to find the car near the scene not long after. Four people were detained, but one of them was identified by the witness as the person who actually perpetrated the assault on the victim. The attacker has been charged with felony battery. The driver of the car was also charged with DUI and possession of marijuana.

So what are the legal implications of these incidents?

Of course, the most obvious implication is that criminal charges will be filed against those who broke the law in physically hurting the victim. Many different crimes may be implicated in these situations. As most readers know, the possible punishments for those crimes include a combination of fines, community services, and prison time. Considering the severity of this particular attack, jail time will likely be implicated.

But the victim of these situations also may have individual ways to seek recourse with the filing of a civil lawsuit. Our Chicago injury attorneys often explain to victim of attack that civil suits can be filed in tandem with criminal charges. The civil action is filed on behalf of a private citizen—not the public at large—and may allow the victim to be financially compensated for the harm caused by the assault. Medical bills, lost wages, emotional suffering, and similar injuries may all be addressed in one of these suits.

In certain circumstances, when a bar fight occurs for example, one of these injury lawsuits might be filed against third-parties that may have contributed to the attack. For example, if a bar or tavern did not act appropriately by over serving a guest, then they may be held accountable for the consequences of that conduct. In addition, in certain circumstances, if a landlord does not keep areas on property safe—perhaps by having inadequately lighting—then they may have contributed to the circumstances which allowed an assault to occur. Depending on the specifics, they too may be held accountable for their inaction which factored into an assault.

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

Respected National Think Tank Criticizes Damage Caps

When a child suffers a traumatic brain injury odds are it occurred in one of two ways: an automobile accident or a fall. These two situations account for a large majority of head trauma affecting youngsters. All efforts seeking to limit the occurrence of these injuries must take a hard look at those particular accidents and ways that they can be prevented.

Much focus has already been given to car safety. The use of seatbelts, proper child safety restraints, and basic safe driving techniques are all absolutely essential. In addition, car manufacturers have been encouraged—through a variety of means, including injury lawsuits—to make important changes to the design of vehicles that make them much more secure for travelers. All of these efforts should be applauded. In addition, each Illinois brain injury attorney at our firm believes that we can continue to do more to promote safety behind the wheel, a step which will go a long way to limiting brain injuries in youngsters and adults alike.

A bit less attention has been focused on preventing falls. That is likely because falls come in a range of different forms. For example, Devon News published a heartbreaking story this week about a fall that a toddler took off a apartment balcony. The young boy was just shy of his second birthday when he apparently fell 300 feet to a cement area below. He suffered a severe brain injury as a result of the fall, and he ultimately did not survive. An investigation into the tragedy following the accident has shed more light on exactly what happened. The young boy was apparently on a chair near the balcony looking down. The child’s brother was on the ground below. The toddler was apparently calling to his brother from the balcony when he apparently lost his balance and tumbled over the railing.

Our Chicago traumatic brain injury lawyers remind all local residents of the necessity to ensure all spaces like balconies are safe and secure. Accidents may always happen, but there are certain steps that can be taken to minimize the risk of one of these deadly falls occurring. For example, supervision is vital for children who are not old enough to fully understand the risks of high spaces and hard surfaces. On many occasions it is prudent to have doors locked and access to the balcony restricted in case younger children try to get out onto the area without adults being made aware.

Safety considerations also apply to those who manage public spaces or rent apartment where balconies are involved. Railings should always be the proper height. The stability and soundness of the balcony should also be guaranteed. In Chicago, for example, there are frequent problems with large balconies that are left in disrepair. Landlords often do not fix these balconies. Tenants and guests can unsuspectingly face serious injury if the balcony collapses. In those cases, the legal system allows victims (and their families) to seek legal recourse to hold those wrongdoers accountable for their negligence.

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Deadly Balcony Accident

On Wednesday the Huffington Post delved into the effect that a traumatic brain injury (or a cognitive brain injury, like dementia) has on a marriage. The article shares the story of one elderly couple, married for 56-years. The husband fondly recalls the joys he and his wife have shared over the years. She was an artist, and her husband dotingly explains that her paintings were just as good as Rembrandt’s. However, their life these days is much different than it used to be. That is because his wife suffered from Alzheimer’s. He recalls that one moment his wife will lean over and give him a loving kiss. The next moment she will not even remember who he is. This is a heartbreaking situation shared by many community members whose loved ones have brain problems.

Considering that Valentine’s Day is fast approaching, our brain injury lawyers think that is appropriate to recognize the role that these injures play on the spouses and partners of victims. Many marriages are turned on their head when one of these injuries strikes in ways that alter one’s personality, memories, and other cognitive functions. As one psychologist working on the situation explained, “when a couple is faced with the sudden or gradual change in the person who now may no longer be able to give flowers or go out to the movies, it often means a new definition of love.”

There are no easy answers to what a non-injured spouse should do in these situations. Many high-profile suggestions and cases have sparked debate over what is appropriate. For example, religious broadcaster Pat Robertson famously recommended that one caller divorce his wife with Alzheimer’s. A well-traveled story published in the Washington Post explained how one woman divorced her husband after he suffered a traumatic brain injury. However, she and her second husband continued to provide care for the man.

The issue has even reached the big screen. A movie hits movie theaters today called “The Vow.” The tale involves two newlyweds who are caught in a car accident. The accident causes the wife to suffer a traumatic brain injury. As a result of the injury, the wife is unable to recognize her husband , and she does not even remember that she is married. The rest of the movie is seemingly about the couple trying to fall in love again after the accident.

Perhaps more than any other form of personal injury, brain damage affects victims’ family members in many ways. All Illinois brain injury attorneys appreciate this fact as does the justice system as a whole. When a civil lawsuit is filed because one of these injuries was caused by another’s negligence, an individual claim is often brought on behalf of the victim’s family member. These claims seek to compensate for harms that are unique and distinct from the harms suffered by the one who was physically injured. When an individual sufferers a brain injury, the lives of many others are affected. It is only reasonable for the law to account for those alternative injuries and provide redress where possible and appropriate.

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The Effect of Traumatic Brain Injuries on Marriage

Even in Recovery, Brain Injury Victims & Spouses Have to Embrace New Reality

Yesterday we explored the sports injury lawsuit that was filed by 300 former NFL players against the league. We noted that football is perhaps the sport where traumatic brain injuries are most likely to develop because of the game’s focus on contact. However, there actually may be another sport that is even more ripe for serious head injuries to develop: boxing. The overall number of athletes participating in boxing in far smaller than those playing football, which is likely why it gets less attention from those interested in preventing brain injuries. But boxing is entirely about contact to the head of the opponent, and so the risk of long-term head injuries is sky-high.

As our Chicago brain injury lawyers have previously pointed out, many physicians have explained that boxing of any kind is unhealthy for children and adolescents. Now, according to a new Daily Mail article, doctors are taking their warning to professional boxers. The story explains how research continues to come in showing that boxers who do not use padded helmets risk traumatic brain injury each and every time that they enter the ring. An analysis of the helmets that are used suggest that even then, the protection they offer is usually too minimal to prevent all brain injuries.

Noting that the sport will likely not simply go away because of some injury risks, safety experts are working on ways to improve the current headgear. Apparently, the main problem is that current headgear protects mostly against “linear” impacts. Linear impacts are those that occur from a punch that is coming straight. This is distinguished from “rotational” impacts which cause the head to spin around. As one expert noted, “There is ample medical literature that points to rotational impacts as being key contributors to head and neck injuries.”

The strengths and weakness of current headgear was recently uncovered following a research program involving test dummies. Hook punches to the head were replicated using a pendulum. The contact was repeated in a variety of formats with and without gloves and helmets. Overall, as one would expect, the headgear was most beneficial in reducing impact when the headgear was defending against gloved punches. When gloves are used there is some protection against both rotational and linear impacts. Those leading the research effort suggest that the finding should be heeded by all those administering the sport. Gloves and headgear should be used whenever possible, they note. While the risk of traumatic head injury exists even when the protective devices are used, the overall lowering of the risks that the safety equipment provides make it worthwhile in all circumstances.

Our brain injury attorneys are also interested in an ongoing project analyzing MRI scans of professional fighters is underway at the Cleveland Clinic. It is hoped that the results will yield important information about the overall brain health of those who participate in these activities over a number of years. Each of these research efforts are important steps in the process to make these activities safer and to at least ensure participants are made fully aware of the risks before they participate.

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Former Illinois Athlete Files Brain Injury Lawsuit Against Eastern Illinois University

The risk of traumatic brain injury exists in many physical sports, but the danger is perhaps most evident in football. The game of football is built around contact. While other activities involve incidental contact, football incorporates hard hits, knocks, and collisions as an integral part of the game. Each Chicago brain injury attorney at our firm knows that is why it remains particularly important for players, parents, coaches, trainers, school administrators, referees, and others to do everything in their power to keep players safe on the gridiron.

While the focus of most sports brain injury prevention efforts is on younger players—often middle school and high school athletes—it is professionals who often face the most prolonged problems. As we’ve often mentioned, one of the main dangers of these injuries is that head trauma, like a concussion, goes undiagnosed and untreated. Without proper rest, the injury never fully heals. The more contact that is experienced the greater the injury. Professionals spend countless hours on the field during games and in practice taking tough hit after tough hit. Most players have been involved in the game since they were very young. Therefore, even professionals who are only twenty five years old may have already had twenty years of nonstop hard knocks on the head. Even when the injuries do not result in cataclysmic, deadly injuries, the overall harm caused by those years of prolonged contact can affect the players for the rest of their lives.

This idea is what lies at the heart of recent brain injury lawsuits filed by former players of the National Football League. Tony Dorsett, a former running back and member of the NFL Hall of Fame is one of the main voices leading the charge to raise awareness of player safety. Dorsett explains that head injuries during his eleven years as a professional, from 19977 to 1988, have affected him since. In the lawsuit that Dorsett filed with at least 300 other former players, he alleges that much more should have been done to protect players from long-term injury and make them aware of the potential dangers. Because of the lack of basic safeguarding, the lawsuit claims, many former players face decades of mental and physical problems after they retire.

Boston News published an extended story on the issue. The article notes that documents filed which initiated that brain injury lawsuit essentially claim that the NFL culture (run by owners and the commissioner’s office) was indifferent about the long-term effects on the athletes. Dorsett explained that he expects his future to be faced with dementia, Alzheimer’s, and similar brain conditions as a result of the repeated knocks that he took as a player. Instead of providing support to prevent long-term injury, Dorsett explains that he was actually encouraged to keep playing even when he was clearly hurt and needed recuperation.

In a nod to the growing importance of the issue, during this weekend’s Super Bowl, a one-minute ad aired which highlighted rule changes that have made the sport safer over the years. However, those changes alone are likely insufficient to avoid all liability if involved parties were negligent in the past with regard to player health.

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Head Injury Lawsuit Filed on Behalf of Ex-Football Players

Former Illinois Athletes File Brain Injury Lawsuit Against Eastern Illinois University

Most headlines in recent weeks about traumatic brain injuries involve sports related head trauma and injuries suffered by our service members in Iraq and Afghanistan. Both of these issues are of particular importance, because awareness of the problem and the need to find better treatments has the potential to improve the life of millions of our community members. However, focused attention on these two causes of head injury sometimes obscures the fact that the majority of traumatic brain injury are still caused by automobile accidents. Improving traffic safety will go a long way to preventing head injuries.

Our Illinois brain injury attorneys know that the most vulnerable members of our society—young infants—often experience these head injuries in car accidents. The incidents can affect the youngster throughout the rest of their life. For example, the Canton-Sixes Patch discussed a car accident in the area that led to a baby suffering one of these injuries. According to reports the accident occurred last week involving two vehicles on a bridge. Apparently a Ford Focus and Dodge pick-up truck were traveling in different direction across the bridge when for some reason the two car collided head-on. Head-on collisions remain the most damaging of auto accidents because the forces on the car (and those inside) are at their highest.

The driver of the pick-up truck suffered possible broken bones in his lower extremities, and the pick-up passenger suffered a neck injury. Those in the smaller car suffered even more harm. Both the driver and passenger (the baby’s parents) were killed in the collision. The baby was in the back seat at the time of the accident. When emergency crews arrived they noted that the child had a broken leg and had suffered a traumatic brain injury.

It is still early in the in the investigation, but some eye witness accounts suggest that the Ford Focus may have crossed the center line when traveling on the bridge. The drifting led to the collision with the pick-up truck. Investigators are now trying to understand what led the driver to drift across the center lane. Making that determination conclusively is often difficult, particularly when there is no one who was in the car who will be able to provide first-hand accounts of the situation just before the crash.

The Chicago injury lawyers at our firm have helped many in these situations. When it comes to automobile accidents, a range of factors are implicated in the legal analysis. The conduct of bother parties and the circumstances which led to the accident all play a role in how the situation will be adjudicated. Insurance companies are almost always involved in these situations. It is important for residents to remember that the insurance company is virtually guaranteed to look out for its own financial interest. That means making payouts that are as small as possible. In many cases those payouts are so small that they cannot even cover the expenses incurred by those involved. It is always prudent to seek out professional legal help to ensure that you are receiving fair recovery for your losses.

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Lawsuit Filed After Inmate Suffers Brain Injury

New Technology Aims to Help Victims of Traumatic Brain Injuries

The Scientific American published a fascinating article last week that discussed a new angle to the role that traumatic brain injuries have on American life. Our Chicago brain injury lawyers have explained how the effects of these injuries are often well beyond anything that some local community members can imagine. Unlike other injuries which are entirely physical, brain problems often lead victims to experience a range of symptoms that are not easy for others to detect. A victim’s personality, motivation, memory, drive, urges, and other internal workings can all be affected by one of these injuries.

It is often hard for outsiders to understand the problem, because there may not be any outward physical signs of problems. However, the lack of physical manifestations of the injury in no way minimizes the seriousness of the harm. Lives continue to be ruined because of the hidden consequences of a traumatic brain injury.

For example, the Scientific American article found that the rate of brain injury is a shocking seven times higher among the prison population than the general public. The stats are crystal clear.

About 8.5% of adults in the United State have some history of traumatic brain injury while 2% are currently suffering from some sort of disability from a brain injury.

How does that compare to the prison population?

60% of all prisoners have had at least one traumatic brain injury (TBI), and some states have even higher rates. These figures may be underreported as well. Recent studies into the matter have revealed that many prisoners likely suffered a brain injury without ever knowing it. In certain circumstances (or households) a serious blow to the head often does not lead to a trip to the hospital. Instead, victims are just told to “shake it off.” Yet it is those very situations where permanent harm may arise that, down the road, may lead to behavior that lands one behind bars.

Experts looking at these stats indicate that they reveal without question that the effects of TBIs affect criminal behavior. The fact that the injury can alter one’s mood, behavior, and impulse control means that sufferers are more likely to engage in conduct that leads to prison, and, once there, stay behind bars for a good portion of their lives. The effects of these injuries make it difficult for rehabilitation programs to be as successful as possible—particularly if the effects of these injuries are fully taken into account. As one therapist involved in the effort explains, “If we don’t help individuals specifically who have significant brain injuries that have impacted their criminal behavior, then we’re missing an opportunity to short-circuit a cycle.”

Yet, as blog readers know, there is still much disagreement about the best ways to treat these problems. One issue is that each patient often responds dramatically differently to assistance. The same injury could affect two individuals in vastly different ways with one suffering no ill effects and the other having serious underlying problems. Doctors have yet to conclusively identify why that is. Figuring out the best way to treat (or prevent) an injury is therefore stymied by the uncertainty about the overall cause.

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Brian Injury Lawsuit Filed After Bridge Accident

Construction Accident Causes Brain Injury

Health Canal reported on an interesting new research study that caught the eye on a Chicago brain injury lawyer at our firm. The research effort looked at the rates of hospital use by children with various conditions. What they found, perhaps unsurprisingly, is that children with neurological impairments had particularly high hospital rates. The research effort was led by experts from the University of Utah and Harvard Medical School.

The overall results indicate that a particularly high proportion of inpatient hospitalizations in the county are made up of children with neurological impairments. The total data examined include 25 million pediatric hospitalizations—those with brain condition accounted for 5.2 percent of all hospitalizations and 20 percent of all hospital charges. These figures are much higher than would be expected based solely on the total number of children facing these conditions.

The data was published in last month’s issue of PLoS Medicine. Four different years were analyzed in the effort (1997, 2000, 2003, and 2006). In total, 1.3 million hospitalizations were required for children with neurological impairments. Over those years, there was actually a proportionally increasing use of specialty hospitals by those with the impairments. The most common impairments for those hospitalized were cerebral palsy and epilepsy.

A limitation of the effort was that it only measured discharges (not individual patient data). That means that it is not possible to discover if the trend toward more hospitalization was caused by more usage of specialty services by children with these impairments or if there has been an overall increase in the number of children with the brain problems.

One expert familiar with the effort explained that the root of the problem may actually be advances in medical care. He noted, “In the United States, advances in care have led to improved survival of children with NI (neurological impairment), so we expected that children with NI would account for a significant proportion of hospital resources.”

The most fascinating aspect of the study, however, was the overall cost of these hospitalizations. Amazingly, nearly one third of all charges at these children’s hospitals were made to those children with conditions like cerebral palsy and epilepsy. Obviously in many cases families faced with these charges struggle to keep up. Even with insurance there are many demands placed on those caring for the injured children.

The need for prolonged and consisted medical care for those children suffering from brain impairments does not come as a surprise. The Illinois cerebral palsy attorneys at our firm, for example, are very familiar with the lifelong consequences that these problems have on the child. That is one reason why we work so hard to help Illinois cerebral palsy victims receive the resources they need to ensure that all future medical needs will be taken care of. It is sometimes impossible to know with certainty exactly what medical needs a child with cerebral palsy might need down the road. However, if the injury was caused by the misconduct of another it is entirely reasonable for the careless individual, organization, or insurance company to ensure that the child is taken care of in the aftermath of the a mistake.

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This week Medical News published a story on a new grant given to university researchers to study improved treatments for traumatic brain injury victims who suffer their injury while on the battlefield. As our Chicago brain injury lawyers discussed in a recent blog post, various groups (including those spearheaded by First Lady Michelle Obama) are working hard to improve the treatment of brain injured service members.

This latest grant apparently involves over $1.5 million given to researchers at the University of South Florida from the U.S. Department of Defense. The grant was given to conduct research on TBIs in connection with other battlefield injuries and diseases. University officials will collaborate with those at the James A. Haley Veteran’s Hospital on the effort. As with all of these research efforts, the ultimate goal is to improve the quality of life for those returning from combat. It remains tragic that so many who are coming back from Afghanistan and Iraq will face a life of struggle trying to overcome the myriad of problems that can be associated with the traumatic brain injury.

As those who will work on the project note, TBIs are fast becoming known as “the” signature issue affecting soldiers returning home from the wars. It is no surprise why. Traumatic explosive blasts can easily causes severe trauma to the heads of soldiers. That head trauma frequently damages the brain. The long-term impact of these injuries can affect nearly everything about the service member’s life from memory and decision-making to personality and motor skills. In addition, various symptoms also develop following the impact, such as post-traumatic stress disorder. The Department of Veterans Affairs has been working on finding ways to better treat those who have suffered these injuries. As many victims can attest, there is still a long way to go to ensure that all our soldiers receive the best possible brain injury treatment every time.

The director of the university’s Center of Excellence for Aging and Brain Repair summarized the group’s effort as part of this latest grant. He said, “Working with the VA, the Department of Defense and private research entities, we will develop novel studies—everything from drug discovery and preclinical work to clinical, social and behavioral trials.” He went on to explain that the goal is to come up with both better diagnostic tools and treatment plans for soldiers and veterans. Both prongs of the effort will hopefully help these individuals better adjust to civilian life both physically and psychologically.

Our Illinois traumatic brain injury lawyers are encouraged by the new wave of research and grant funding for these issues. So many individuals are affected by this harm, that all advances which make diagnosis simpler and treatments streamlined with have enormous benefits for so many residents—veterans and others. For far too long so many brain injury victims have been treated in a haphazard manner, with little coordination to determine what actually works and what doesn’t. We will be sure to follow along with the effort and reported on all new information that comes out of these research endeavors.

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Advocates hoping to enact legal changes to prevent sports head injuries usually focus on increased accountability requirements and mandatory steps when those involved in leading the team are given information about a possible traumatic brain injury. For example, a new California law requires high school coaches to look for the often subtle signs that a brain injury—like a concussion—has been suffered. The law essentially requires coaches to have a basic level of knowledge about spotting concussion and to take action to pull a player out to rest if those signs are spotted.

As we have explained, incredibly serious risks are taken when a player continues to play after suffering a concussion. As one neuropsychologist in the area explained, a chemical imbalance in the brain created by the traumatic impact on the head often leads to problems in parts of the brain connected to learning and memory. The imbalance causes a drop in brain blood-flow, meaning that the brain is not receiving the nutrients it needs. He continues by remarking, “That is why it’s so important that right after the injury happens that the brain get rest. Rest, rest, and more rest.”

Interestingly, the doctor also suggested that mental rest means much more than simply not going back into the game for awhile. He also suggested that things like computer use and TV viewing be curtailed. In addition, intense academic studying should be stopped during this time, because these activities require brain exertion which uses nutrients needed to correct the imbalance. The neuropsychologist admitted than even doctors sometimes make the mistake of having concussion victims go back into the classroom too soon after the injury. Instead, the doctor recommends that consistent tests be given to monitor the recovery. These tests usually involve memory games with verbal and visual cues.

Sadly, when the concussion is not noticed at all, players are not given any time to heal. That means not only do they keep playing—risking a life-threatening second-impact injury—but they exert their mind in the classroom and via other stimuli. As a result, their brains often never heal at all. This could lead to lifetime of performance problems and even emotional damage. The laws passed essentially seek to eliminate these risks by making it more likely for a concussion to be identified.

Unfortunately, each Chicago brain injury attorney at our firm understands that passing a law is one thing, getting it to actually be following 100% of the time is another. It is likely that many coaches, administrators, trainers, and others will fail to abide by provisions put in place to keep players safe. When they don’t act appropriately and a health problem develops, then the law provides an avenue for recourse. For those obstinate individuals who don’t take the issue seriously, it is usually only after they are held accountable via a brain injury lawsuit, that they finally take the seriousness of the situation to heart. It is only then that our players will truly be as safe as possible when on the field, pitch, or rink.

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While it has so far been a particularly mild winter here in Chicago, if history is any guide we can still expect to have our fair share of cold, snowy days in the coming weeks and months. To beat the winter blues, many local residents try to add a little fun into the season by taking advantage of snow sports like skiing, snowboarding, sledding, and similar activities. These winter escapades have actually grown in popularity in recent years as increased promotion of “extreme” sports has made national celebrities out of some of the athletes involved, like snowboarding champion Shuan White.

Our Chicago brain injury attorneys hope that all local, amateur winter sport participants stay cognizant of the risk that are associated with these sports. Like many other sports—football, hockey, soccer—winter activities often present the risk of falls onto hard snow or ice at high speeds. These falls can lead to significant head trauma, often resulting in concussions or even more serious harm. That is why it is important for local residents to take precautions to limit these falls, and, where appropriate, recognize the signs of traumatic brain injury so that proper treatment can be sought.

An article in this weekend’s Standard-Examiner touched on the same issues. The story noted that many department of health officials have issued warnings to local residents. Those warning have explained that hundreds of winter revelers have already suffered traumatic brain injuries in a range of sports from skiing and sledding to ice skating. Many officials are asking residents to be sure to wear proper equipment when they engage in activities that might present the risk of serious harm. Helmets are crucial. Experts studying the statistics concerning these winter accidents have found that two-thirds of all victims of winter sports-related brain injuries were not wearing a helmet at the time of the accident.

Some high-profile tragedies have also been reported this winter season. For example, winter sports star Sarah Burke died this month while training for this year’s Winter X Games. The 29-year old half pipe skiing champion had been known as a pioneer in the sport, and was widely regarded as the best in the world. However, while practicing earlier this month she fell, hit awkwardly, and had her vertebral artery rupture. The injury triggered cardiac arrest which caused irreversible brain damage and ultimately led to her death from oxygen deprivation. It was a terrible loss and another reminder of the danger of many of these activities.

Of course there are many other high-profile examples of winter activities tragedies. Tony-Award winning actress Natasha Richardson died a few years ago at age 45 after a skiing accident. She apparently suffered what looked to be only a minor fall at a ski resort. However, after waiving off help, Richardson’s condition deteriorated. Her condition worsened over the few hours after the crash. Eventually she was diagnosed with severe bleeding on the brain that ultimately took her life. Many argue that had Richardson received immediate attention for her injury she might have been able to survive the incident.

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Our Chicago traumatic brain injury lawyers have spent a lot of time recently discussing concerns about the prevalence of head injuries in sports. Many tragic, high-profile stories exist about football players, hockey players, and soccer players who have suffered serious injury—even death—because of contact on the field. One of the most common causes of this harm are second-impact injuries. These arise when a player suffers a concussion, the injury is not given time to properly heal, and then the player suffers a second impact.

Much attention has rightfully been paid to these issues because the harm is so great and the injuries are entirely preventable. In this context the most serious harm from traumatic brain injuries can be prevented in one of two ways—(1) prevent the contact from occurring at all, or (2) ensure that proper treatment is provided 100% of the time. More attention has been made to the second option, because it likely provides more long-term benefit to players. It is also easier. Conversely, trying to prevent all potentially damaging contact in many of these sports is very difficult, especially because most of these activities are based on contact of one form or another.

However, that is not to say that it is impossible for all such injuries to be prevented. For example, rule changes in certain games can be included which minimize the risk of harm. Prohibitions against certain kinds of head to head tackles, for example, is likely an important safety step in football. Also, some experts are also working on changes to safety equipment to help cushion certain blows and prevent sever trauma that otherwise might result in an actual sports head injury. These equipment changes are easier said than done. Football helmets have difficult preventing head trauma because the actual harm comes from the brain making, contact with the inside of the skull, not the skull making contact with a helmet. In other words, the actual internal contact which is at the root of these brain injuries is not easily remedied by adding equipment outside the body.

An interesting article in CBC Sports actually talked a bit about this issue yesterday. The story contained a Q & A with a physician who is a concussion expert. The doctor explained that contrary to many assumptions, when it comes to concussion prevention and diagnosis much more attention actually needs to be paid to the neck. The neck can also be forced to endure substantial stress from serious head contact.

The doctor explained that there is often a significant relationship between traumatic brain injuries—like concussions—and neck injury. He explained that a head injury is “never unique to the rest of the spine.” When the head is harmed, there is a cascading effect down the individual’s back, because of the interconnectivity of the skeleton. He believes that you cannot have one injury without the other—head injuries always include neck injuries. The whiplash effect that often causes a concussion almost always results in a neck injury, because the neck is forced to stop abruptly and awkwardly.

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