May 8, 2012

Child Brain Injury Lawsuit Ends with Verdict for Plaintiff

A new verdict in a child brain injury lawsuit is making headlines both for the traumatic nature of the story and the large award reached by the jury. The Sacramento Bee recently published information on the end of the case. The lawsuit was filed by a family following a series of errors it claims led their son to suffer a life altering brain injury. The consequences will have severe effects on the child for the rest of his life.

The problems began in 2008, when the child’s mother went to the hospital because of problems during her pregnancy. She was not all the way at full-term, but was not so premature that the child wasn’t viable. The story explains that she was 36 weeks pregnant when she showed signs of “placental abruption.” This is the situation when the placenta—which provides nutrients to the child—leaves the uterine wall early. While a serious condition, in the vast majority of cases, this condition can be dealt with without severe harm to the child. However, time is of the essence in these cases.

The family in this case argues that the timely care was not provided. The main problem was that the doctor leading the effort used faulty equipment to reach incorrect conclusions about the child’s condition. In particular, our Illinois brain injury lawyers were shocked to read that the doctor did not detect a heartbeat when he performed an ultrasound on the child, and so he assumed that the child was dead. He even told the child’s mother that the baby was not alive.

However, when an ultrasound technician came into the hospital and checked the analysis, the technician determined that the reading was in error. Instead, the child was actually alive. However, because of the mistakes, the child had been struggling in the womb without attention for an hour and twenty minutes. When the mistake was uncovered an emergency C-section was performed. However, the delay had led to significant injuries. In particular, the child’s brain was injured. He now suffers from severe spastic quadriplegic cerebral palsy.

At the trial following the incident, it was uncovered the machine which the doctor used to perform the ultrasound may have been faulty. Evidence was presented that the machine had not been serviced even a single time in the last decade. That was the case even though the machine’s manual explicitly stated that it needed annual maintenance. This negligence likely prevented the machine from working as intended in this case. The result was delayed care which had life-altering consequences for this boy.

Our Chicago brain injury lawyers have worked with many families whose children have developed brain injuries during birth that should have been prevented. Illinois cerebral palsy lawsuits are probably the most common suit of this nature, involving children who have brain development problems because of preventable conduct during their birth. These injuries are heart-breaking, and the families deserve full redress for the losses that their youngsters will face for the rest of their life as a result.


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April 30, 2012

New Program Aims to Help Children with Brain Injuries Re-Integrate with School

NECN News reported online this weekend on a new program that is seeking to help children of all ages who have suffered brain injuries learn better and quicker. Our Chicago brain injury lawyers appreciate the need for efforts like this one. New information about how the brain recovers from these injuries—particularly in children—is coming out every day. The new data demonstrates that these traumatic brain injuries, even seemingly “mild” ones, have very real and prolonged effect on those hurt. Those consequences need to be taken into account at all levels.

This new learning program is called BrainSteps—Brain Strategies Teaching Educators, Parents, and Students—and is in use in Pennsylvania. Our Illinois brain injury lawyers have previously discussed this program which is growing in popularity across the state. It is essentially a “school re-entry” program which seeks to better transition children with brain injuries into the school and learning environment. It represents an important bridge, where otherwise children were often just thrown back into their normal routine without any real thought to the effect that the stressful transition might have on their recovery.

The article shares the frightening story of one little boy who suffered a terrible injury and is not using the program. The boy in the case was standing by as his father was cutting down a tree. The boy’s father position the boy at what he thought was a safe distance. However, when the tree fell it went in the exact opposite direction than the father thought it would go. Instead, it collapsed in the direction of the child. The boy was hit by a large branch and thrown into a pile of rocks. His skull was fractured in three places and there was bleeding on two parts of his brain. After being airlifted to an area hospital, doctors were able to save his life. However, they noted that it was a very close call.

The consequences of the brain injury were severe. The child had serious seizures for months and needed to wear a protective helmet for over a year. Even now, various bumps to his head are risky, and so serious caution has to be taken at all times to ensure he does not suffer any dangerous trauma.

Besides the physical damage, the young boy’s brain damage has other effects. He has struggled in school. He has difficulty paying attention in class and often has emotional problems. This is to be expected because the damage was to his frontal lobe—the part of the brain that handles an individual’s personality and emotions.

Fortunately, the BrainSteps program exists to help the boy through the difficult school process. A school psychologist has observed the child in the classroom to learn about possible issues. The professional then meets with the school administrators and parents to figure out the best teaching methods in his specific case. In addition, the psychologist works on ways to help guide the boy’s out-of-school homework and studying strategies. All of this is in conjunction with scheduling changes that better account for the boy’s unique needs

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April 14, 2012

Awareness is Key Concern for Family of Brain Injury Victim

Those of us who work and discuss brain injury issues on a daily basis—like our Chicago brain injury lawyers—often forget that most community members rarely give any thought to issues like traumatic brain injuries. That is why it remains important for awareness efforts to be undertaken to inform community members of the risks, preventative measures, necessary policy changes, and legal ramifications of certain injuries. A recent article from the Evening Tribune focused on the same issues. The story profiled how one family has coped following their daughter’s traumatic brain injury. The family explains that the biggest challenge is raising awareness of the unique consequences of the injury and the way that their daughter faced various challenges which were often hard for others to appreciate.

The girl in this situation was fourteen years old when, in 2006, when she was riding on a school bus. Out of nowhere the school bus was rear-ended by another bus in the parking lot. The girl was taken to an emergency room where she was diagnosed with a concussion. The consequences were severe. The girl suffered from amnesia and the symptoms did not seem to go away quickly. For example, after the accident the girl had her mother drive her to school to pick up homework that she could do at home while she was recuperating. However, once she arrived at the school the girl did not remember where she was or where her locker was.

The injury itself was bad enough, but the family explains that another challenge was getting school officials to appreciate the severity of the injury. The girl’s mother explained that the school was not prepared to deal with the consequences of the injury or understand how it would affect the girl’s educational needs. For example, the girl had short-term memory loss, was often fatigued, reading and writing were a challenge. Some more esoteric topics were seemingly forgotten altogether—like algebra.

Unfortunately, the family explains that awareness efforts regarding the effects of TBI are greatly needed in the school. They explained that school administrators provided little support during this time. There was little communication between school departments, claim the family, which made it difficult for the high school girl to receive the support she needed to recover while still learning.

The family in this case sought out a brain injury lawyer who ensured that the family’s legal rights were protected throughout the aftermath of the injury. Our Illinois brain injury attorneys are similarly available to help all local families who may have loved ones hurt in a variety of ways as a result of the misconduct of others. Visiting an attorney following incidents does not automatically mean that a lawsuit will be filed and a trial will be had. In some cases negotiations can end in a resolution before a suit is filed, and in most cases there is some sort of settlement before a trial. At the end of the day there is nothing to lose from at least receiving the basic counsel of an attorney to see how the law applies.

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March 25, 2012

Young Girl’s Cord Blood Helps Cure Brain Injury

In many ways brain injury treatments remain a mystery. Medical researchers have uncovered various different approaches for helping those who have suffered traumatic brain injuries. However, most treatments are geared toward preventing further deterioration of the individual’s condition. There are far fewer verifiable ways for medical providers to actually “cure” these injuries. Many of the nation’s best minds on this subject are currently in the middle of a wide range of research efforts which will hopefully prove fruitful down the road.

Part of the challenge involves trying to get the body to re-grow or rejuvenate cells and nerves in the brain that have died. This is no easy feat. However, as a new story this week from Fox News explains, stems cells may prove crucial in figuring out ways to actually spur injured brains to heal themselves.

The article shared the story of one girl who suffered a serious brain injury when she was a toddler. The girl accidentally fell into the family swimming pool. The one-year old was unconscious and without oxygen for an incredibly long period of time—at least 45 minutes. As a result of the prolonged deprivation, the girl was thrown into a vegetative state. She could not perform even basic tasks like sitting or speaking. Her body was also contorted.

In most cases, there are little doctors can do to help spur recovery.

Our Chicago brain injury attorneys know, however, that one potential cure for these situations involves the regenerative power of stem cells. The cells may be able to spur regeneration in various parts of the body, including the brain. Fortunately, in this case, the girl’s family has fortuitously banked the girl’s cord blood after her birth. The blood contains stem cells that might be used down the road in potential medical treatments.

Fifteen months after the girl’s injury, doctors reinfused the cord blood into the girl’s body as part of an experimental trial. According to the mother, the results were clear within days. The mother explained that the day after the treatment her daughter “was excited, walking better…she spontaneously started talking to me. We didn’t think we’d ever have to use [the cord blood]. We just saw the value in it and decided it was money well spent.”

It has been four years since the tragic near-drowning, and according to observers, the girl’s recovery has been nothing short of remarkable. The now-five year old is expected to start kindergarten in the fall. The recovery has been truly astonishing considering that few children survive at all following 45 minutes of oxygen deprivation, let alone fully recover without long-term consequences.

The Illinois brain injury lawyers at our firm have previously written about the growing popularity of cord blood banking. The more stories like this that are shared will likely boost the popularity of the process even more. Hopefully, the lessons learned from cases like this one will go a long way to helping medical professionals pinpoint exactly how these brain injuries can be recovered from in all contexts. At the very least, these stories are clear indications of the potential benefit of stem cells and the need for medical experts to devote as many resources as possible to studying their potential uses.

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March 9, 2012

State to Pay Following Toddler Who Suffered Brain Injury in Foster Care

Child brain injuries are particularly tragic,because they often mean that a youngster will have to live the rest of their life with certain disabilities that they otherwise would have avoided. These traumatic brain injuries can arise in any setting where proper care and caution is not provided. When caused by the mistakes or abuse of a third party, it is often important for involved families to seek out legal options to ensure their injured child will have access to the resources they need to heal and recover from the injury as much as possible.

For example, The Republic reported on a legal settlement stemming from an incident where a toddler suffered a serious brain injury while in foster care. The brain injury lawyer who brought the suit argued that the child suffered brain damage and severe head injuries while in the foster care system. The injuries were caused, it is alleged, by abusive foster parents. The suit suggests that a state Department of Human Services employee and her supervisor should have known that the abuse was taking place and should have acted to prevent it. Their failure to do so allowed the mistreatment to continue, ultimately resulting in the severe injuries to the child.

The case was brought in federal court against the foster parents individually and the state via the conduct of the two employees at the humans services department. The suit against the foster parents who actually abused the child is ongoing. However, the state recently agreed to settle the lawsuit for $275,000; most of the money will be invested for the child to have access a eighteen years old.

Of course the legal theories underlying the claims against the foster parents and state are much different. The case against the parents suggests outright intentional abuse which caused the injury. Conversely, the claims against the state allege negligence on the part of the employees who had a duty to check up on the child and failed to act appropriately which contributed to the harm.

According to reports, the authorities were called to the foster parents’ house two years ago when the boy was found unresponsive in the home. He had intensive head injuries, and the foster parents claimed that he had fallen out of bunk bed. The boy, the two year old, was in critical condition, and it was initially unclear is he would survive. Fortunately, he pulled through, but not after being diagnosed with head trauma and an ulcerated liver. He required extensive hospitalization and rehabilitation. Later, state investigators blamed the injuries on the “abuse or neglect” of the foster parents, though there was no further elaboration on what that meant. It later came out that the state workers had actually noticed back bruises on the child a few months earlier. That care workers suspected abuse and reported to supervisors at the department of human services (who were defendants in the lawsuits). Those supervisors failed to do anything to check up on the claim. No investigation or even a house visit was conducted. The bruising actually became worse the following weeks, but nothing was done to keep the child (or his siblings in the same home) safe.

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March 5, 2012

Child Drownings Often Leads to Brain Injuries

Child brain injuries are most likely to occur in two main situations: after traumatic births or in automobile accidents. Though less common, drownings remain another way that some area children suffer permanent, and even fatal, brain injuries. While the Chicago winter is not yet over, and the summer swimming season still month away, our Illinois brain injury attorneys believe that it is never a bad time to remind local families about the dangers of having any sort of water around unsupervised children.

Swimming pools, ponds, rivers, and lakes are obviously the most likely locations for child drowning accidents to occur. But there are others. For example, the Indy Star reported last week on the tragic drowning of a one-year old child in a baptismal font. The one year old boy, Juan Cardenas, was supposed to be under the care of day-care workers at the Praise Fellowship Assembly of God church. However, according to the information that is currently available, it does not seem that those care workers were providing a close eye on the child.

At one point during the day a therapist had arrived at the facility to begin a session with Juan. It was at that point that day-care workers first noticed that he was missing. A search ensued, and the child was eventually found in the baptismal font. The font was a body of water that was only two-feet deep. However, that was enough to cause immense damage for the one-year old boy. When he was found he was rushed to a local hospital where doctors did all that they could to try to save him. Unfortunately, he ultimately passed away as a result of a severe brain injury. As is the case in drownings, the brain injury was caused by a lack of oxygen to the brain as a result of being underwater for a prolonged period of time.

It is an unspeakable loss for the family and community. Making the situation even more heartbreaking is the fact that the accident could undoubtedly have been prevented had those charged with caring for the boy acted appropriately.

In fact, those looking into the situation have already uncovered some troubling evidence about the day care center’s history of providing proper care to the 30 to 35 children that they watch each day. Only three months ago the facility was cited by inspectors for caregiving lapses. Food at the facility was expired, high-chairs were found without proper safety restraints, and similar problems were identified. Of course, this indicates that there may not have been an adequate level of focus on child safety at this church.

Our child drowning lawyers know that these church day care centers are not required to abide by the same level of safety regulations as regular licensed facilities. However, that does not mean that they owe no duty to those in their care. The common law still requires that these facilities act appropriately in the care they provide to children and their families. When they fail to meet those reasonable standards, they can and should be held accountable for their negligence. It is only in this way that changes can be demanded which will ensure future children are spared.

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January 26, 2012

New Study Finds Child Traumatic Brain Injury Victims Can Recover Over Time

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

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

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

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

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

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January 17, 2012

Reporter Shares Lifetime of Consequences Following TBI & Fights with Insurance Company

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

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

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

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

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

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

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January 4, 2012

New Brain Steps Program Targets Reintegration for Children with Brain Injuries

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

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

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

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

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

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

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December 11, 2011

Mother Warns Others of Child Brain Injury Caused by Hair Clip

Over the past few weeks a website link has been passed along from many families via emails and social media networks. The site was created by a mother whose daughter experienced a rare, seemingly bizarre traumatic brain injury. The parent wished to explain the situation and warn others of the risks. It is a story that highlights both the serious consequences of all brain injuries and the ease with which they can strike community members of all ages.

The girl in this story was five years old last April when she was enjoying the day outside with her mother. While walking along, the young girl tripped fell, causing a small cut to the back of her head. It was seemingly a common slip and fall faced by youngsters every day. The little girl did not show any outwards signs of injury, as she got back up and kept playing. However, noticing that there was a cut, the girl’s mother decided to take her to the doctor’s office. She expected that she might need a stitch or two. Unfortunately, the injury would be much more severe than anyone would have expected.

It turns out that the little girl had a skull fracture. She was forced to be immediately airlifted to a larger hospital. A few hours later the girl was undergoing intense brain surgery. The head fracture sent skull fragments into her brain that had to be removed and repaired. The five-year old was forced to spend five days in an intensive care unit before stabilizing enough to be moved to a rehabilitation center. She then spent weeks re-learning how to walk, allow her memory to recover, and developing other basic mental abilities.

It was soon learned that the traumatic brain injury was caused by a hard plastic ponytail holder that the girl was wearing at the time of the fall. The object essentially included two hard plastic dice-like boxes (each less than an inch long) connected by a rubber tie. When her head made contact with the ground, the hard plastic cube opened up a 2 cm cut in the girl’s head. The hair accessory is apparently made of a material capable of breaking through a child’s skull. The mother suggests that the material is usually stronger than the skulls of children fourteen years old or younger. It is as if the child had fallen on a rock with sharp corners as edges. The mother explains that it essentially acts as a knife.

The young girl will require much more therapy, and it still remains unclear if she will have any long-term physical or mental impairments as a result of the accident. While this story is likely unique in the exact way that the injury arose, it is not unique in suggesting that this head trauma can be caused by a wide range of incidents. Our Chicago brain injury lawyers have worked with victims over the years that have experienced a range of accidents. If one were to categorize them, however, two trends emerge right away: car accidents and slip and falls.

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December 8, 2011

Headaches Common After Child Brain Injury

Some traumatic brain injuries are impossible to miss. When the injury results in severe impairment (often from car accidents and falls), the victim is almost always rushed to appropriate medical providers who begin treating the problem. However, more mild brain accidents are not nearly as easy to detect. These subtle injuries can ultimately blossom to have serious long-term effects, but they are not readily visible. Children are often the victims of these injuries, obtained in any number of activities from sports to simple rough and tumble activities in the house. Our Illinois traumatic brain injury lawyers believe that it is important for families, guardians, medical providers, teachers, and others to appropriately identify these injuries when they occur so that proper treatment can be had.

A research study of child brain injuries that was published in the latest edition of Pediatrics and summarized in Med Page Today, found that chronic headaches are a crucial symptom of traumatic brain injuries in young people. Interestingly, the headaches were most common among young female victims and teenagers. The University of Washington researchers who conducted the effort explained that 59% of girls with brain injuries experienced the headaches. For teenagers (aged 13 to 17) there was also a sizeable effect, with 46% experiencing chronic headaches.

This research confirms that children experience the same headache problems that have already been found to exist among adults. This latest Child Health After Injury study examined over 650 injured children and their headache reports. Some of the participants had suffered head trauma while others (the control group) had suffered arm injuries. In total, researchers found that headache prevalence was significantly higher three month after head injuries than arm injuries. Researchers were particularly interested in the fact that the headaches seem to affects girls and teens more than other groups. This suggests that there may be some link with migraines. Migraines are much more common among post-pubescent girls (but not boys).

Also, the difference in effect between age groups suggests that underdeveloped brains are affected differently by this trauma. For example, the headaches persisted longest for older children when the injury was milder. The opposite was true for children under the age of twelve. For this youngest group, the headaches were most severe and lasted longest when the injury was more severe. This finding is a bit counterintuitive and will likely require further research to parse out more specifically.

Of course, the overall findings are not necessarily surprising, as head injuries would intuitively be expected to cause more headaches. However, our Chicago brain injury attorneys know that this type of information factors into potential legal damages when the injury was caused, at least in part, by the wrongdoing of another. The long-term consequences for even these mild injuries should not be underestimated. Even those who experienced minimal head trauma may have their lives made qualitatively worse by the injury. In fact, these headaches were found to be more common after mild injury than severe head injury. This difference suggests that the pathologies of the different grades of brain injury may be different.

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November 4, 2011

Child Head Injuries Decrease, but Death Rates Hold Steady

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

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

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

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

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

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

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

See Our Related Blog Posts:

Lawsuit Filed After Inmate Suffers Brain Injury

New Technology Aims to Help Victims of Traumatic Brain Injuries

October 29, 2011

Blind Cord Accident Leaves Toddler with Permanent Brian Injury

Our Illinois brain injury lawyer closely follows all stories where injuries affecting the brain are found. It doesn’t take long before it becomes clear that brain injuries can strike in a wide range of circumstances, affecting victims from every segment of society, from our elderly to newborn infants. In all cases, the harm is real. However, there is always something particularly tragic about brain injuries that affect children, because the consequences will likely last their entire lives. It is even more tragic when the injury is the result of strange circumstances that could seemingly have been prevented if only simple safety steps were taken.

For example, the Daily Mail reported this week on one of those heartbreaking cases involving brain injury, this time having to do with a blind cord accident. The cord incident has left a two-year old girl permanently brain damaged and paralyzed for the rest of her life. The news story explains how the toddler was put to bed by her parents just like every other night. However, this night would go horribly wrong. Not long after she was left alone in her room, the two-year old got out of bed and began walking along her window. Unfortunately, in the process the child became entangled on the looped cord used to maneuver the blinds in her room. The cord ended up around her neck, and began suffocating her. The suffocation cut off oxygen flow to her brain, eventually rendering her unconscious.

The child’s father happened to be wandering by the bedroom not long at the incident began and peered in to check on the girl. To his horror, he saw her dangling on the blinds. He immediately puller her down, began CPR, and called for help. Emergency crews were able to stabilize the child but not before significant damage was done. All told the girl spent a week in a coma. When she awoke the oxygen deprivation had caused permanent brain damage. She will never again be able to walk, talk, or feed herself. The young victim is currently working through rehabilitation at a special facility for severely disabled children. Obviously the life the girl’s expected for her will be much different after this tragedy.

The Illinois personal injury attorneys at our firm are shocked every time that we read stories of such tragedy. However, through the years we have come to appreciate that the danger that certain products, objects, and designs pose to unsuspecting consumers and their families. These defectively designed blind cords are just one of many household items that have been found to severely injure or even kill. It is for that reason that these looped cords have already been banned in the United States, specifically because of the dangers they pose to young children. Of course, the enactment of the ban did not mean that all homeowners who already had these cords were suddenly safe. Many homes still have the cords in place either because the homeowners didn’t change them or were unaware of the danger they posed.

But the risks of injury make it incumbent that all those who control environments where young children reside investigate and correct the problems if necessary. This includes day-care operators, babysitters, school administrators and those in similar positions. Without careful observation, accidents strike with alarming frequency. It may seem that these tragedies are pure flukes which can never be guarded against, but once one accident strikes, there is no reason why lessons can’t be learned from it to prevent future harm. Our Illinois brain injury lawyers are proud to work with families whose young children have suffered permanent brain injuries because of accident that could and should have been prevented. We urge those involved in these situations to get in touch with a legal professional as soon as feasible to ensure that your legal rights are protected. Even when an accident strikes which may seem to involve no negligence, upon further investigation it often becomes clear that carelessness led to part of the problem. Please give us a call if you or a loved one may have been hurt in this way to see if we can help.

See Our Related Blog Posts:

Child Safety Advocates Warn Against Using Crib Bumpers

Family of Injured Boy Seeks Approval of $30M Award in Birth Injury Lawsuit

September 27, 2011

Juvenile Correction Center Fight Leads to Brain Injury

Our Illinois brain injury attorneys just read a story about how there have been multiple violent encounters at a juvenile correctional center in the period of a just a week. During one of the recent fights over fifteen kids were involved and the guards had a lot of trouble breaking up the fight and several kids suffered personal injuries in that fight. The other fight that occurred in the same week involved about seven of the kids at the center. In addition to these fights that were so close to each other, the center has had other fights in the recent past that have caused worries among those in charge. Earlier this summer one boy was involved in an altercation and ended up suffering from a brain injury as a result of the hit to the head he suffered in the violent events at the correctional center.

The Oklahoma juvenile affairs department has called a meeting to discuss what can be done in these juvenile detention facilities in order to reduce the chances of more altercations like these from happening. According to News OK, one possibility that the department is considering is arming the security officers, with pepper spray and restraint devices, in the hopes that the personnel will at least be better prepared to stop any fights before any more kids get seriously injured. The high volume of fights is believed to be connected with the fact that the juveniles were recently moved out of a higher security facility, and into the current facility.

The fights have been pretty serious with kids throwing punches, kicking each other and rolling around on the ground, and a couple of kids have had to go to the hospital to have their injuries checked out because of the severity. With this level of violence occurring when fights break out at the correctional center, it is no surprise that the authorities are worried about what may happen to these kids if something is not done very soon. There has already been one brain injury and something must be done before there are any more of these serious injuries at the correctional center. Whether the victim and his family will file a personal injury lawsuit against the center alleging negligence in allowing the young man to be beaten to the point of suffering a brain injury is unknown at this time, but it may be a possibility since the center owes a certain duty of care to protect those young children that are under their supervision.

Our Chicago brain injury attorneys have helped out victims of brain injuries, and their families, recover monetary damages in connection with their lawsuits, and our goal is to make those responsible for causing another’s injuries be held responsible for what they have done. If you or a loved one suffered a severe personal injury that you believe was due to negligence on the part of someone else, please do not hesitate to contract our Illinois personal injury attorneys right away to discuss what possible options are available to you and to you family.

September 19, 2011

Pediatricians Say Boxing Not Safe for Kids & Teenagers

Our Chicago brain injury attorneys were interested to read about a statement that was just issued by the American Academy of Pediatricians, in which they stated that the group did not consider boxing a safe sport for children or teenagers to play. According to CBS News, the leading pediatricians found that boxing was a sport that had a very high rate of concussions, and that because of the risk of concussions in the sport that it was not safe for younger people to play. The group also believes that even the use of head protection does not eliminate the risk of concussions, and that the sport is not safe for kids or teenagers even when they use head protection for boxing.

The reason that the risk of repetitive concussions is a worry for pediatricians is that there is a great deal of scientific evidence that repetitive concussions can lead to severe and permanent brain injuries later in life. Many former athletes have developed later in life brain injuries after being involved in sports where they suffered from multiple blows to the head. Following any blow to the head, everyone needs to be thoroughly checked out by a doctor to see if they suffered from a concussion, or another type of head injury, and any athlete that suffers from a hit should only be allowed to go back on the field, ring, or court once they have been cleared by a doctor who has determined that it is safe for them to return to play. If a victim of a blow to the head gets right back in the game, when their body did not have time to recover fully, there is a much higher risk that another hit could leave that person with a severe or permanent brain injury.

Pediatricians worry about this problem with sports and head injuries even more so with children and teenagers. The reason for this heightened concern with concussions in children is that because younger people’s brains are not as fully developed as older individuals and can be much more susceptible to head and brain damage. Because of the level of brain development in younger people, the damage from concussions can be more severe and the healing time for the body to completely recover post concussion is often much longer than it would be for an adult.

The combination of the danger that multiple concussions can have on children or teenagers with the high risk of head hits associated with boxing, is what led pediatricians to release the statement that, according to them, boxing is not considered a safe sport for children and teenagers. Many boxing advocates feel that boxing can be a good outlet for younger people and that the risks associated with the sport are not strong enough of a reason to entirely discourage kids and teenagers from boxing. If you or a loved one have a child that has suffered a brain injury from receiving a hit to the head and then being sent right back out to play without receiving medical clearance, please contact our Illinois personal injury attorneys to discuss the options available.

August 26, 2011

Girls are at Higher Risk for Traumatic Brain Injury

Our Chicago brain injury attorneys recently read about a new study that showed that girls have a higher risk for developing a traumatic brain injury than boys. The study showed that girls are more likely to develop a concussion (a shaking of the brain against the skull following a hit to the head) than boys, even when there was the same type of hit to the head. According to Third Age, the study showed that in specific sports such as soccer and basketball that the number of concussions received by student athletes playing these sports were significantly higher for girls than they were for boys. The study does not cover what the exact reasons for the discrepancy in concussions between boys and girls playing the same sports is, but it is believed by many medical professionals that the difference may be due to the fact that girls tend to have smaller heads than boys and girls neck muscles are typically less developed than boys of the same age.

The reason that the difference in the number of concussions between boys and girls is connected to the frequency of traumatic brain injuries is because recent evidence has shown that repetitive concussions can lead to serious brain damage over time. Given the fact that girls are more likely to suffer from concussions, it makes sense that girls would also be more likely to suffer from traumatic brain injuries.

Recently, there has been a lot of talk among student athletes, coaches, school staff, and parents in respect to letting kids back on the playing field following a concussion. Now that evidence shows the high level of danger in repeated concussions and the danger in letting a person with a concussion immediately go back on the field before being thoroughly checked out by a doctor, more and more people are concerned with traumatic brain injuries that may result from years of hits to the head on the playing field.

Our brain injury attorneys encourage all coaches, schools, and parents to make sure that, following a concussion, student athletes are not let back on the field to play until they have been fully examined and cleared by a doctor. The time needed to return to play after each concussion may vary by person and because of this a doctor should always be the one to clear the student athlete. The study also suggested that girls are more prone to traumatic brain injuries than boys because generally girls seem to take longer to recover after a concussion than boys and may require more time off the field to be considered safe to play that a boy would need.

If you feel that your child, who was a student athlete, suffered a brain injury as a result of their school or coach forcing them to go back on the field after suffering from concussions, please contact our personal injury law firm today. Schools and coaches should always keep the children's safety first and make sure not to let any child go back on the field after being hit in the head without being cleared by a doctor.

August 22, 2011

Family Files Civil Suit Against Boat Driver That Caused Son’s Brain Injuries

Our Illinois brain injury attorneys recently learned of a case in which the parents of a young man who was severely injured when he was run over by a boat are suing the driver of the boat that caused the serious and permanent injuries. The terrible incident occurred a little over two years ago while the boy was out kayaking with his father. While the boy was paddling out towards his father and wearing a bright orange life jacket, the driver of the speedboat was not paying full attention and hit the young man, severely injuring him. The boat ran over the boy cutting his body in multiple places. Because of the negligence of the boat driver, the young man suffered severe physical injuries including a ruptured spleen and a collapsed lung as well as permanent traumatic brain injuries. According to The News Tribune, the boat driver did help the injured boy get to shore following the accident but did not immediately admit that it was his boat that had struck the boy causing his severe injuries. No charges were filed against the driver but he was fined for operating his boat negligently.

The family of the injured young man alleges in their civil personal injury lawsuit against the driver of the speedboat that he was operating the boat in an unsafe manner and that he was driving too fast and not properly watching where he was headed when he crashed into their son. Following the incident the young man was hospitalized for several months and then was in a rehabilitation center for many more months. Now, more than two years later, he still requires a great deal of medical care and is permanently physically and mentally disabled as a result of being hit by the boat. The traumatic brain injury that the young man suffered as a result of the crash was so damaging that he will require lifetime rehabilitation and he will never be back to the way that he was prior to the accident.

The lawsuit against the boat driver does not only cover the costs associated with the medical bills and the boy’s long term medical care, but also aims to try to compensate the family in some way for all the emotional and long-term damage they have and continue to suffer as a result of their son’s lifetime injuries. When someone acts negligently and their actions cause serious injury to another party, the victim and their family should be held liable for these actions and personal injury lawsuits are a way in which the victims may be able to be compensated in some way for these injuries.

If you or a loved one suffered a brain injury as a result of someone else’s negligence, please contact our Illinois brain injury attorneys today to talk to them about what options are available to you and your family, and how the person responsible may be held accountable for their negligence. Our personal injury law firm has helped victims all over Illinois recover for their injuries that were caused at the hands of another and are here to listen to your story.

August 20, 2011

First Extensive Concussion Prevention Program and Testing Law Enacted

Our Illinois brain injury attorneys were happy to see that the state of Arizona just became the first state that required that all student athletes enroll in and complete a concussion education program and pass a test making sure that they understand what they have learned about concussions before they are allowed to play in that state. According to the PR News Wire, the association that fought for this law to take effect said that they recognized how serious and dangerous traumatic brain injuries can be and that recurring concussions often lead to this type of serious permanent damage to athletes.

While twenty-eight states have laws that require some level of concussion education, this program is the first and only program currently in place that is directed specifically at student athletes, and the only current program that require the athletes to complete a test on what they have learned before the athlete is cleared to play within the state. The program is an online educational program, which is intended and designed to appeal more to the younger generation, so that the athletes will pay more attention to what they are learning and realize how important it is to learn about and how potentially dangerous concussions may be if they are not treated in the appropriate way.

The reason that concussion education is so important in connection with sporting injuries is that players need to be aware that if they ignore concussions and are not fully checked out before going back on the field, they may risk serious long term brain injuries caused by repetitive concussions. By educating athletes of the danger of concussions and teaching them about how to prevent concussions, hopefully the number of concussion related brain injuries will reduce in the sporting world. While this is just one state that has enacted this full educational program, the hope is that this will inspire other states and teams to enact similar programs that aim at concussion prevention.

Many players and their families have not been educated about the dangers of concussions and of continuing to play immediately following a concussion, but recently more and more doctors, sporting associations and teams are realizing how important this issue is and that many sporting related brain injuries are preventable. When the proper precautions are taken on the field or the proper steps are taken following a concussion or other type of hit to the head while playing sports, many brain injuries may be prevented. Whether it is through educating the players and their families, making sure that all helmets are up to the necessary standards, assuring that once a player is hit they are not sent back on the field until they have been thoroughly checked out by a doctor, being aware of the danger of head injuries in sports is very important for everyone involved.

Coaches and sporting associations owe their players a duty of care and should always disclose any information they have available regarding dangers to their players and are acting negligently if they decided to withhold this information from their athletes. If you or a loved one suffered a brain injury that resulted from years of head trauma from sports, and were never taught about the dangers of repetitive concussions, please contact our Illinois personal injury attorneys today to discuss your options.

August 18, 2011

Under New Policy Football Helmets Cannot Be Reconditioned if Older Than Ten Years

Our Chicago brain injury attorneys were happy to hear that the nationwide company that refurbishes old football helmets for use by schools will no longer accept helmets that are older than ten years old for reconditioning. All helmets used in schools are supposed to be sent out to be reconditioned after every season in order to help make sure that the helmets will continue to protect the players. The reason for this limit on how old of helmets the company will accept is that in light of all the newer data on what increased concussions can do to a player long term, the company does not feel that it is safe to recondition helmets that are over ten years old.

According to STL Today, this new policy has been received both positively and negatively by school officials and coaches at schools. Many coaches recognize the importance of not using helmets that are too old, in that they may not offer the same protection to the players as newer helmets can offer in terms of safety. Also school representatives feel that this new policy is good for schools from a legal standpoint. Schools have a duty to act responsibly in supervising their students and athletes and need to make decisions to best protect and keep the students safe. If the school fails to act in this manner they may face a brain injury lawsuit if a player gets hurt on their watch. Given all the wear and tear that a helmet can go through in ten years, advocates of the change in policy feel like this is absolutely the best decision to make in order to hopefully reduce the number of head and brain injuries to athletes.

However, there are also school officials and coaches that do not feel like this policy is necessary to keep students safe. While the school officials and coaches do agree that safety is the number one issue, they also argue that this policy change is not the least restrictive way to achieve safety for the student athletes. One issue they raise is that not all helmets are used all the time for the ten year period, and often times helmets that are a unique size or have other unique characteristics may be rarely used. The argument here is that the proponents think that requiring that all helmets may not be used after ten years, as oppose to just ones that were regularly used, is a waste of money to schools.

Another worry about the new policy is whether schools that lack the money to purchase new helmets once the ten years have run on others will continue to use the old helmets without them being reconditioned. This would defeat the purpose of what the new policy is trying to accomplish and would likely place student athletes at a much more serious risk of head trauma and increase the brain injuries we see as a result of sports related head injuries.

So while it is extremely important to make sure that all athletes have helmets that are up to standard and can protect the student athletes from personal injuries while on the field, these safety measures will not work unless the schools and coaches are also committed to the player's safety.

August 16, 2011

Student Files Lawsuit Against School Board for Brain Injury

Our Chicago brain injury attorneys just read an article about a high school student who filed a lawsuit against the town she lives in, and against the school board in the same town, for brain injuries that she suffered while playing a tennis/baseball game in her gym class. The brain injury lawsuit alleges that the student was injured when she was hit by a tennis ball and has suffered a traumatic brain injury and memory loss as a result of the hit by the ball. The injury occurred while the students were playing a combination of tennis and baseball indoors, which was a game that the gym teacher required the students to play. The tennis ball was hit by another student as hard as he could with a tennis racket and hit the girl directly in the head.

According to The CT Post, the young girl’s doctor says that she suffered permanent brain damage to the right side of her brain and is suffering from persistent post-concussion syndrome. She is also having difficulty remembering things and in turn having trouble at school. She has to use memory aids to help her remember her school assignments. She also used to play field hockey and was a dancer but is currently having trouble with those activities because her spatial reasoning has been altered. This type of injury and problems are common with this type of traumatic brain injury.

The main issue that is addressed in this lawsuit is whether or not the gym teacher and school were negligent in allowing students to engage in this kind of game in such a small indoor space. The tennis ball was being hit as hard as students could hit it with a tennis racket in an indoor gym filled with twenty five students, and the brain injury lawsuit alleges that the negligence in allowing this activity is what led to the young girl’s permanent brain injuries. The girl’s father is suing on the young girl’s behalf and is seeking over $15,000 in damages to cover her medical expenses, her hospital expenses, and her therapy expenses.

Anytime someone is in a position to exert control and has responsibility over others, it is very important that that person exercises a great deal of care. This situation is common in school settings, and it is crucial for teachers to choose activities that will not put students in danger of being harmed. When the person in charge does act negligently and puts children at risk of injury, that person may be held liable.

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August 6, 2011

Family Sues Company That Produced Alcohol Prep Pads for Baby’s Brain Damage

Our Chicago brain injury attorneys recently learned of a lawsuit that was filed against a company that makes a certain type of alcohol prep pads that were used on a baby that likely left the baby with severe brain damage. According to About Lawsuits, the brain injury lawsuit alleges that one of the family’s twin boys developed cerebral palsy as a result of bacteria that was on the alcohol prep pads that were used when the baby was born and placed in the neonatal unit after birth. The baby developed a severe brain injury and he is not able to eat, walk or talk. The family was not originally aware of what had caused the brain injury that led to cerebral palsy, and because of this they filed the lawsuit against the hospital for malpractice leading to the baby developing cerebral palsy and the lawsuit did not originally name the company that produced the prep pads as a defendant.

While it was clear that the baby developed cerebral palsy from some sort of infection, the family, the hospital, and the Center for Disease Control and Prevention could not figure out where the newborn was exposed to the bacteria. It was not until the prep pad company recalled the pads very recently that everyone involved realized that it was likely that is where the baby developed the infection. While there is no direct evidence that the contaminated pads were used on the baby, the hospital was using the same pads that were recently recalled by the company at the time the baby developed the infection. However, while both babies were in the neonatal unit at the same time, only one of the twins developed the brain infection while in the hospital. It is unknown if the same pads were used on both of the newborns.

The bacteria caused the portions of the newborn baby’s brain to be seriously damaged, which led him to develop cerebral palsy. Cerebral palsy is a broad term that encompasses many types of brain injuries to the motor control centers of the brain, which can lead to very severe and permanent developmental disabilities. While cerebral palsy brain injuries can occur without negligence on the part of anyone, it is also terrible when it develops as a result of someone’s or of a company’s negligence. In this case, the company seems to have acted negligently in some part of the manufacturing process, as a large number of their alcohol prep pads were contaminated with this dangerous bacteria. While all companies need to be cautious and thorough in their testing, it is especially important that companies producing medical supplies make sure that they use extreme caution when they test their products so they do not end up exposing the people using their products to further injury.

If you or a loved one was injured as a result of the negligence on the part of a company whose product you used, or believe that the product may have led to your injury please call our Illinois personal injury law firm to discuss your case and what options may be available.

April 22, 2011

Train derailment victims file brain injury lawsuit

Injuries to children are especially traumatic. According to WYFF.com, one family has brought suit against state agencies after sustaining injuries during a train accident. A family of four, including two children, was on board the train when it derailed.

One of the children was taken to the hospital for a brain injury, but is now at home recovering. The family is requesting payment for medical bills, expenses, lost wages, and damages. Unfortunately, not everyone on the train was as lucky as this family. Twenty-eight people were on the train when it derailed. A six-year old child died from his personal injuries, and four other children remain hospitalized.

Under Illinois law, the train accident victims would have several valid claims. For instance, an Illinois wrongful death action can be brought when a person’s death is caused by the fault of another. The family of the decedent is able to recover for damages including: medical and funeral expenses, lost benefits, loss of inheritance, pain and suffering, loss of companionship, and punitive damages. Likewise, personal injury claims result when individuals are injured because of another’s negligence or intentional wrongdoing. Compensatory and punitive damages are also available.

According to the Federal Railroad Administration Office of Safety Analysis, 11,355 accidents and incidents were associated with U.S. railroads in 2010. In addition, there were 740 fatalities. Specifically, there were 1,305 reported derailments.

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April 14, 2011

15 year old sustains brain injury playing basketball

The Roanoke Times recently reported on a lawsuit filed against a nationally recognized university for inadequate facilities and lack of supervision after a 15 year old sustained a traumatic brain injury playing basketball at a summer camp hosted by the university.

The camper’s parents are suing the university and the organization who organized the camp for $2.5 million. The camper’s family incurred large medical bills as a result of his injuries and although, the camper has recovered, he is still at risk for future injuries and other health issues.

According to the lawsuit, the 15 year old suffered a brain injury when he was thrown from the court during a game and struck his head on a wall. The parents of the child are claiming that the wall should have been properly padded. To read more about this brain injury lawsuit, follow the link.

Unfortunately, sports related brain injuries are not uncommon. According to the medical journal, Pediatrics, 375,000 children and teenagers are treated in hospital emergency rooms each year for basketball-related injuries. Four percent of those injuries involved head trauma. Follow the link to learn more about this brain injury study.

Basketball is not the only sport where players are at risk for brain injuries. According to Pediatrics, basketball only accounted for 9 percent of all sports related concussions among youths. Football, soccer, hockey, and baseball are all sports where players are at high risk for brain injuries caused by head trauma. Click on the link in order to learn more about sports related brain injuries.

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March 8, 2011

Cerebral Palsy Primer: What It Is & When It Arises

Cerebral palsy remains a disorder that most only learn about after it strikes in their family. Once it becomes a personal reality the victims often scramble to discover more information about cerebral palsy and understand how it strikes. As with most medical issues, the Mayo Clinic provides a succinct, worthwhile initial foray into the character and cause of cerebral palsy.

What It Is
Cerebral palsy is a muscle disorder—affecting muscle tone, posture, and movement. Signs of the problem appear very early on in an infant’s life. Those symptoms most notably include limb rigidity, exaggerated reflexes, posture problems, involuntary movements, and trouble walking. Besides the physical problems, cerebral palsy suffers also experience intellectual problems, have vision and hearing issues, and seizures.

The disabilities associated with cerebral palsy affect each victim to different degrees. For some, the problems are only associated with one limb or one side of the body. For others the entire body is affected. The specific symptoms do not become worse over time. However, if not properly treated, the muscle issues can lead to complications, creating the appearance of an aggravation of the problem.

Causes
Most generally, cerebral palsy is caused by abnormalities or sudden problems in brain development. This typically occurs while the child is still in the womb or immediately before birth. Experts have identified a variety of causes that may lead to the disorder. These include: random gene mutations in the brain, maternal infection while pregnant, disruption in blood supply to a fetus, brain asphyxia during delivery leading to lack of oxygen, and traumatic head injury shortly after birth.

Several of those possible causes occur during childbirth, making it vital that medical professionals ensure that all proper steps are taken at that time to limit complications. Far too often, those medical practitioners fail to take action that they should, causing a child to develop cerebral palsy.

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February 25, 2011

Child’s Mother files wrongful death suit after child dies as a result of brain surgery

The loss of a child, as a result of an improper medical procedure, is a tragedy that should be prevented at all costs. According to Fox 8, the mother of a five-year old filed a wrongful death lawsuit claiming brain surgeries he had as an infant led to his premature death. The mother is seeking damages for a brain surgery which caused her son to suffer severe brain damage. Doctors performed a procedure when the child was twelve days old to repair an abnormal vain that was causing excessive blood flow into his heart. The complaint states that the doctor’s used a surgical device that was supposed to be used for adults. The glue from the device entered the baby’s brain, subsequently causing a stroke and permanent brain damage.

As a result of the surgery he had as an infant, the child was on a ventilator up until his death at age 5, when he died of pneumonia. The child’s permanent brain injury and wrongful death may have been prevented with the use of a device suitable for infants.

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January 28, 2011

Family files lawsuit after child suffers brain injury in fall at day care

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

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

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

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

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

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January 20, 2011

Illinois newborn who sustained brain injury at birth suffers from cerebral palsy

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

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

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

Continue reading "Illinois newborn who sustained brain injury at birth suffers from cerebral palsy" »

December 26, 2010

High school senior suffers brain injury while playing in a school football game

A high school senior from San Marcos, California has been in a permanent vegetative state since his 2007 brain injury. The high school senior, who played football for the high school, suffered a traumatic brain injury after collapsing during a school football game. Evidence in a pending lawsuit against the school district suggests that the school was aware of the student’s health problems and that his injury could have been avoided.

An assistant student trainer at the school has come forward and stated that the senior football player had complained to the school’s athletic trainer about headaches in the days before his injury.

Under oath, the assistant student trainer stated in a deposition that the injured senior complained about severe headaches to the school’s athletic trainer and had even skipped a few practices the week before his injury. The assistant student trainer also stated that, on the day of the game, the injured senior asked the school’s athletic trainer if he could sit out for the first part of the game. According to the student trainer, the injured student even told the athletic trainer that he was having trouble seeing the football.

The assistant student trainer also claims that the school’s athletic trainer brought these health concerns to the head coach of the football team. Regardless of these warning, the coach had the senior play right away. He collapsed 45 minutes into the game.

For more on this story, please visit the San Diego Union Tribune.

While the cause of the senior’s brain injury is unreleased, trauma, such as a concussion or contusion, is one of the leading causes of PVS (permanent vegetative state). According to the Times, high school football players suffer 43,000 to 67,000 concussions per year.

Continue reading "High school senior suffers brain injury while playing in a school football game" »

November 3, 2010

Parties Reach $20 Million Settlement Following Child’s Traumatic Injury

Postcrescent.com recently reported that a $20 million settlement was reached following a tragic car accident that left a young girl with a severe brain injury.

In October of 2008, a family from Appleton, WI was driving down an off-ramp in their van. A truck heading towards the ramp ran a red light and crashed into the family’s van. While the impact of the crash was not severe because the truck driver had applied his brakes, the truck was carrying a pipe rack that allowed multiple pipes to escape upon collision. One of the loose pipes shattered the left rear window of the van and hit a young girl that was a passenger in the backseat. The child suffered severe brain damage from the accident.

The child’s family filed a lawsuit following this incident alleging that the pipe rack was negligently constructed and installed as it was missing a front stop. The distributor of the pipe rack settled their case for $18.7 million. The rest of the settlement amount comes from the truck driver and his employer as well as the manufacturer of the pipe rack. The settlement amounts were assigned based on each defendant’s responsibility in the accident.

The large settlement will help the family of the young girl pay for her care and medical expenses. The girl’s medical expenses totaled $850,000 in the first two years of her life after the accident left her with severe and permanent injuries including traumatic epilepsy and blindness. Because of her traumatic brain injury, she will require around-the-clock care for the rest of her life.

Continue reading "Parties Reach $20 Million Settlement Following Child’s Traumatic Injury " »

May 21, 2010

Product Recalled After Child Suffers Serious Brain Injury

Target has announced a product recall to remove roughly 350,000 woven toy chests that are potentially hazardous to children. According to the New York Times, the recall comes after an 18-month-old child suffered a traumatic brain injury after her neck was entrapped by the lid of the chest. When the lid fell on her neck, it cut off oxygen to her brain, which led to severe brain damage.

The Consumer Product Safety Commission website reports that the product poses a strangulation threat among small children who may reach into the chest for toys or other items. The lid is prone to dropping suddenly which can entrap a child's head and neck and cut off oxygen to his or her brain. The CPSC website reports that the recall covers 14 models sold between February 2009 and April of this year. If you own one of these models, the CPSC and Target recommend that you stop using the chest immediately and return it to a Target store for a refund. To learn more about this product recall, click the link.

When defective products cause serious injury to children and adults, it is crucial that consumers are notified and these products are recalled. The CPSC works hard to protect consumers by pulling products from the marketplace. However, sometimes it takes legal action to motivate manufacturers to remove dangerous products from the marketplace or make safer products. Our team of product liability lawyers strive to make sure that negligent manufacturers are held accountable when their products cause people to suffer significant personal injuries or death. If you believe that you or a loved one has been harmed as a result of a defective or dangerous product, we can work with you to hold manufacturers responsible. Contact us online to speak with an experienced Chicago injury lawyer about your potential claim.

March 26, 2010

Bicycle Safety Prevents Serious Head Injury

Warm weather is just around the corner, and with it, plenty of children wanting to take out their bicycles. But before letting their children go for a ride around the neighborhood, parents should take easy precautions to make sure their children stay safe and do not suffer a serious head injury. The Children’s Safety Network notes that 196 children under the age of 15 die each year as a result of bicycle-related brain injuries, about 8,900 are hospitalized, and 344,000 are treated and released from emergency departments.

Prevention starts with simply wearing a bicycle helmet. Although parents report that 85% of children who own bicycle helmets wear them, only about 15% of children aged 14 and younger wear helmets.

The Bicycle Helmet Safety Institute also notes that using a bicycle helmet significantly reduces the risk of a serious head injury as well. Wearing a bicycle helmet prevents 52% to 60% of bicycle-related head injury deaths and also prevents 68% to 85% of nonfatal head and scalp injuries. These head injuries can be very severe. Serious head injuries as a result of bicycle accident can include permanent disabilities affecting a child’s ability to work once they become an adult and can also result in life-long medical treatment and expenses.

Sometimes the impact on a child’s life is so severe that a lawsuit might be necessary to recover expenses paid to treat a child’s head or brain injury and save their life, or to recover expenses incurred when a child or adult dies as a result of a bicycle-related accident. The Illinois personal injury attorneysat Levin & Perconti have experience representing those injured in bicycle accidents as a result of the negligence of a vehicle’s driver. For example, our Chicago wrongful death lawyers reached a $2.3 million settlement on behalf of a bicyclist who was killed when a driver crossed the center of the road and hit the bicyclist. Through our experience, we have come to see the devastating affects that bicycle accidents can have on an individual or family. We strongly encourage readers to always wear a properly-fitted helmet when biking. Additionally, we suggest that before you hit the road this Spring, you review Illinois bicycle laws so that you understand how to operate your bicycle safely on Illinois streets, roads and bike trails.

March 8, 2010

Child Suffers Permanent Brain Injury When Trunk Lid Collapses

An eighteen month old girl is now in a persistent vegetative state after becoming trapped in a trunk marketed as a toy chest after the lid slammed shut on her. According to the Pittsburgh Post-Gazette, the girl’s parents filed a products liability lawsuit because the store sold the trunk knowing the trunk was dangerous for children because the trunk’s lid could suddenly collapse. The girl’s head and neck became trapped in the trunk after the lid suddenly fell, causing her to suffer an anoxic brain injury. Anoxic brain injury occurs when there is an absence of oxygen in the brain, such as by prolonged suffocation, and the lack of oxygen causes brain cells to die. This serious brain injury can result in spastic quadriplegia, mental retardation and loss of speaking skills.

The Courthouse News Service explains that Consumer Product Safety Commission (CPSC) statistics show that at least 45 children had already died or suffered serious brain injuries as a result of the trunk lid falling on their heads or necks or trapping children inside. The CPSC is a government agency that has proposed standards to protect children from dangerous products and prevent these brain injury incidents from occurring. If a product marketed for toy storage does not have lid support, the CPSC states that a label should be placed inside the lid warning of the dangers of suffocation.

Lawsuits are an effective way to tell manufacturers and retailers that their unsafe and unreasonably dangerous products will not be tolerated by consumers. Our Chicago personal injury attorneys encourage families to visit the CPSC website for updates on how to protect yourself and your loved ones from serious injury or death. If you have been a victim of brain injury caused by a defective product, you may be entitled to seek compensation for your injury or loss. Fill out our online contact form and one of our experienced lawyers will respond to you soon.

February 5, 2010

11-Year-Old Dies From Brain Trauma Despite Wearing Helmet

An 11-year-old Canadian girl died recently in a skiing accident. Though she was wearing a helmet, the protective device failed to prevent her from sustaining a serious brain injury. Her death highlight the need for parents to be vigilant about choosing the proper helmet when their children go skiing, biking or play sports such as hockey or football. Helmets should fit properly and parents should fit their growing children every year to ensure an appropriate fit. The article covering the girl’s death calls on the Canadian government to enact standards for all helmets to ensure safety in both children and adults. In the U.S., the CPSC has developed standards for bicycling helmets to prevent personal injuries such as traumatic brain injuries and groups such as the ASTM recommend helmets for skiing. To read the full account of the brain injury death that sparked the discussion of ski helmet standards in Canada, follow the link.

January 10, 2010

Snowboarder Experiences Traumatic Brain Injury

Professional snowboarder Kevin Pearce endured a serious fall while training and now lies with a severe brain injury in critical care. His dreams of competing in the halfpipe seem gone, and his family is keeping vigil. He was working on a version of the “double cork” which is a twisting double back flip when he caught an edge and hit the icy pipe with his forehead. Kevin was knocked unconscious even though he was wearing a helmet. He had to be airlifted to the hospital where doctors told his family that he had sustained “a severe traumatic brain injury.” He needed to be intubated and was kept sedated. Doctors say that he is improving and is slowly regaining consciousness. They believe that he is improving faster than anticipated yet there is still a long recovery that lay ahead. To learn about the initial fall, please check out this link. To read about his updated recovery, please click the link.

November 2, 2009

Police Settle $2.2 Million Brain Injury Lawsuit Settlement

A city council has agreed to pay $2.2 million to the family of a 14-year-old girl who was chocked by playground equipment. The 11-year-old girl was found unconscious hanging by the neck from a rope tied to a playground ride. She suffered an irreversible brain injury and remains in a vegetative state. The girls sued the police department because its officer who responded to the incident concluded that the victim was dead and did not attempt to resuscitate her or remove her from the rope. Instead the officer, after determining the girl had no pulse, began taking pictures of her as she was hanging by her neck. He then directed medical first responders not to disturb what he thought was a crime scene. The girl’s lawyers argued that these actions prevented her from being resuscitated for six to eight minutes until the paramedics arrived at the apartment. The delay made her brain injury much worse than it might have been. The parents will receive part of the brain injury settlement, but the largest portion will go to the victim’s special needs trust. The girl had suffered permanent brain damage and requires 24-hour medical care and lives in a skilled nursing facility. Her doctor estimated that she will live about 16 more years. To read more about the brain injury settlement, please click the link.

November 1, 2009

Brain Injury Lawsuit Settled with School

A school district has settled a brain injury lawsuit filed by a former student who was injured when he leaped from a file cabinet at the teacher’s request. The district will pay $700,000 to the injured student. The brain injury lawsuit alleges that the student jumped from atop the cabinet to grab an exposed beam in the ceiling at the encouragement of his teacher. The student jumped to get something from an exposed I-beam, missed and hit his head on the ground. He suffered a concussive brain injury and now suffers chronic headaches that affect his short-term memory and ability to concentrate. The brain injury lawsuit contended that the victim suffered permanent damage and required an individualized education plan to continue his schooling. To read more about the brain injury settlement, please click the link.

October 25, 2009

Boy Receives Multimillion Dollar Settlement in Brain Injury Trial

According to the St. Petersburg Times, a nine-year-old boy received an $11.1 million jury verdict for the brain damage he sustained as a result of medical malpractice by a hospital. When the boy was 3 months old, his mother took him to the hospital several days after he began vomiting and was having diarrhea. Hospital staff sent the mother and child home, but the following day she rushed him back to the hospital because he was barely breathing. During his first visit, the hospital failed to diagnose or treat his severe dehydration and as a result the boy suffered significant brain damage. To read more about this brain injury verdict, follow the link.

October 12, 2009

Documentary Chronicles the Lives of Patients Recovering from Brain Injuries

Pathways, a new film by Brandon and Tiffany Verzal, records the trials and tribulations of several patients in their struggle to recover from traumatic brain injuries. The 75-minute documentary sheds light on the extensive and grueling rehabilitation process. It focuses on the lives of four patients of varying ages, including their two year-old daughter, Alexis, who suffered a severe brain injury at a daycare. Her injury is consistent with shaken baby syndrome and authorities believe that Alexis may have been thrown by her day care provider, who begins trial next month.

The film premiers this week and is set to hit the film festival circuit.

Click the following link to the article in the Lincoln Journal Star for more information on Alexis, her family, their struggle to recover from traumatic brain injury, and this enlightening new documentary.

September 21, 2009

Student-Athlete Works his Way Back From Brain Injury

In March of 2007 a young freshman in High School was tossing batting practice when a stray line drive found its way around a protective screen and struck the boy. He incurred a brain injury called expressive aphasia, leaving him with symptoms similar to a stroke victim. He had difficulty speaking and walking for a time. However, after 10 months he was back on the varsity boys’ team. Today you wouldn’t even now that he had suffered a traumatic brain injury. He worked hard and recovered from the brain injury. This case highlights the number of sports injuries that result in traumatic brain injuries. To read more about the brain recovery, please click the link.

September 9, 2009

Parents Ask For Mandatory Testing after Head Injury

One star high-school athlete experienced three separate concussions last year and has been side-lined because of the head injuries. A concussion specialist recommended that he be benched for the rest of his academic year to allow his brain time to fully heal. His tale is one for all parents, to be cautionary of missed signs of brain injury. No one realized the extent of his brain injury’s while he was playing, for if they had he would not have been allowed to continue to play until his brain was properly rested. They now believe he has suffered second impact syndrome. This occurs when the brain swells rapidly before the symptoms from an earlier concussion have subsided. This can be a potentially life-threatening condition. His parents now want others to know of the dangers of allowing young athletes to continue playing after receiving a serious hit to the head. Sometimes a CAT Scan can’t even detect a concussion. Some high schools require mandatory ImPACT tests after head injuries. To read more about brain injuries in sports, please click the link.

September 2, 2009

Jury Awards $7.4 Million to Child Severely Brain Damaged by Hospital’s Failure to Properly Treat an Infection

Last week, a jury awarded a verdict of $7.4 million to a child who suffered permanent brain damage as a result of a hospital’s failure to treat an infection that eventually developed into meningitis.

The child was only one month old when she began showing symptoms of an infection at the hospital. Rather then administering antibiotics at the first signs of the infection, the doctors in the neonatal intensive care unit delayed treatment for eight hours, causing the infection to worsen. As a result of this negligence, the infection eventually progressed into meningitis which, in turn, lead to the child suffering brain damage.

The child has since been fitted with a permanent shunt to drain excess fluid from her brain and prevent the buildup of intracranial pressure, which could cause further brain damage. Now, at the age of five, she requires both physical and behavioral therapy.

For more on this hospital’s failure to treat the infection, click here.

August 27, 2009

Football Player Still in Critical Condition with Brain Injury

A junior in high school who suffered a brain injury during a football game is still in critical condition. The young man received the brain injury as a result of helmet-to-helmet contact. There was no damage to the player’s neck or spinal cord. The victim underwent surgery to relieve pressure on his brain and doctors are trying to keep the player as stable as possible. Football can be a dangerous sport that may result in brain injury. If you or a loved one has experienced a sports related brain injury, find an Illinois lawyer. To read more about the brain injury, please click the link.

August 3, 2009

Parents Accused of Causing Child’s Brain Injury

Two Illinois parents were accused of killing their baby. The baby suffered what is believed to be a serious brain injury. The brain injury was caused by shaking the child. The parents are being brought on charges of first degree murder. The evidence also shows the child has had a history of brain injuries. To read more about this child’s traumatic brain injury, click here.

July 8, 2009

Brain Injury Kills Infant Child

A 9 month old child was killed when he suffered a brain injury. Police believe the brain injury was caused by one of his relatives. The police brought the man into custody and was arrested for child abuse resulting in death. The child was found in a dumpster with a serious closed brain injury which resulted in a hemorrhage of the brain. To read more of this article “Brain Injury Kills Infant Child” click here.

June 16, 2009

The Sarah Jane Brain Project Works with Hospitals Around the Country to Help Prevent Brain Injuries

60 of the top medical professionals in America came together to draft the first ever National Pediatric Acquired Brain Injury Plan (PABI). PABI is working with the Sarah Jane Brain Project to help prevent and inform individual about children with Brain Injuries. President of the North American Brain Injury Society, Dr. Savage said that brain injuries are the largest killer and disabler of children and young adults; over one million children and young adults suffer brain injuries each year. Hospitals in each state will work together to address the issue; in Illinois, the University of Illinois at Chicago hospital was selected. To read the entire article click “Brain Injuries

May 18, 2009

Study Reveals That the Effects of Brain Injury Linger for Years

A recent university study examined the effects of brain injury in children. The study looked at how long the effects lasted and how they affected children as they grew older. After examining a number of traumatic brain injury studies, researchers found that children with brain injuries fell significantly further behind their peers than originally thought. They also discovered those children with the severe brain injuries had worse recovery outcomes than those with less serious injuries. According to the CDC, traumatic brain injuries are the most common cause of disability or death in children. Often, these injuries can be prevented by taking safety precautions before an accident occurs. Kids often are injured playing sports, on bikes, skiing or riding in a car without wearing a seat belt. Parents should stress helmet and seatbelt use to prevent traumatic brain injury. Read more about this brain injury study.

March 26, 2009

High Chair Recall

The Consumer Product and Safety Commission (CPSC) has announced a recall of nearly 24,000 Fischer Price high chairs on Tuesday as they’ve been identified as at risk for children falling and suffering brain injuries. The chair in question is the Fischer Price 3 in 1 chair which also can be turned into a booster. This chair which is at risk for causing brain injuries was sold at exclusively in Target stores over the past year and retailed at nearly $100. To find out more information about this recall, please click here.

March 21, 2009

Head Injuries in Children Hard to Spot

Among children under the age of 15, traumatic brain injuries cause roughly 2,500 deaths annually. Spotting the signs of a child suffering from a brain injury can be difficult. Symptoms can include, tiredness and listlessness, irritability and crankiness, changes in eating, changes in sleeping, changes in school performance, and loss of balance, to name a few. If you or someone you know may be suffering from a brain injury, contact Chicago Lawyers Levin & Perconti. To read more about brain injuries in children, please click here.

March 2, 2009

Boy Recovering From Freak Accident

A 7 year old boy suffered a traumatic brain injury when the icicle he was standing under (catching water drops in his mouth) fell and struck him in the head. The boy is learning to walk again after suffering two skull fractures and brain damage. The boy is out of school for the rest of the year, but IS expected to make a full recovery. To read more about this boy’s tragic accident, please click here.

March 1, 2009

Campaign Launched to Inform on Shaken Baby Syndrome

New studies have shown that up to 31 out of every 100,000 babies under the age of 1 year old suffer from some type of brain damage caused by shaken baby syndrome. The National Center on Shaken Baby Syndrome is distributing new materials aimed informing parents on the risks associated with shaking children and alternative measures to cope with inconsolable infant crying. For information on Chicago attorneys filing childrens brain injury lawsuits, please contact Levin & Perconti. To read more about this new campaign, please click here.

February 13, 2009

Brain Injury Suit Filed Against Disney

The mother of a 19 year old girl who suffered a heart attack after riding the rollercoaster “Tower of Terror” three years ago, is suing the Florida Disney-MGM amusement park. The daughter suffered extensive brain damage as a result of the heart attack and requires around the clock care. This brain injury lawsuit is based on the premise that Disney acted as a “common carrier” when transporting the girl on the ride, and thus are subject to more stringent liability than rollercoaster operators are usually held. As of this time, Disney has no comment on this brain injury suit. To read more about this Disney lawsuit, please click here.

January 25, 2009

Childhood illness kills one, sickens four

Five children were infected with a bacterial infection known as Hib: Haemophilus influenzae type B. Three of the affected children, including the 7 month old child who died did not receive vaccinations. One in 20 children infected with Hib dies, and 10-30% of survivors have permanent brain damage.

For the full article.

January 16, 2009

Hospital Settles with Child of Brain Injury

A Chicago suburb hospital is forced to pay $6.5 million dollars for a child who suffered a brain injury under their treatment. The attending obstetrician and labor and delivery nurse “failed to respond to the baby’s low heart rate and reduced oxygen flow caused by the drug Pitocin” which resulted in the birth injury.

For the full story, click here.

January 14, 2009

More research is needed on epilepsy and traumatic brain injury

Epilepsy is a neurological disease typified by recurring seizures and abnormal brain activity. 1 out of 100 people are affected by epilepsy, and it causes about 50,000 deaths per year. The seizures caused by epilepsy can cause traumatic brain injury, having effects such as developmental delays, depression, and even death. US soldiers in Iraq who suffer from traumatic brain injuries are at a great risk for developing epilepsy. Based on the severity of the condition and it’s prevalence in society, much more research is needed on the subject. For more information, click here.

January 13, 2009

Illinois brain injury lawsuit results in $6.5 million settlement

An Illinois brain injury lawsuit filed on behalf of a 7 year-old Illinois boy who suffered a brain injury at birth has reached a $6.5 million settlement. The brain injury attorneys stated that a drug administered reduced oxygen flow to the boy’s brain, resulting in the brain injury.

For the full article.

January 12, 2009

Boy left with permanent brain injury after numerous medical mistakes awarded $10 million

An 11-year-old North Carolina boy was left with a permanent brain injury after doctors made numerous medical mistakes during his treatment. After falling from a tree, the boy received treatment riddled with instances of medical malpractice. After detecting a shoulder injury, the boy was given herapin, a blood thinner, to treat a blood clot in his shoulder. The boy’s brachial plexus nerves of his spinal cords had been damaged and that injury had gone unnoticed, and as a result, the herapin caused bleeding in the spinal cord. Additionally, a mass called a subdural hematoma was located in his skull and doctors placed a halo around his head to stabilize his spine. One of the four screws used to keep the halo in place was screwed in ¾ inch too far by a medical resident, which caused further bleeding in the brain. As a result, the child suffered a significant brain injury and will be forced to live with severe cognitive impairments, preventing him from ever living independently or holding a job. A jury ruled in favor of the boy in the medical malpractice lawsuit, awarding him over $10 million from the various defendants. For the full story, click here.

December 20, 2008

City to pay $13 million to brain injury victim

The 11 year-old boy who was injured in a car accident where the driver was an employee of the city police department and suffered brain damage will receive a $13 million settlement. The boy was in a brain trauma coma for a month and had 18 surgical procedures.

For the full article.

December 18, 2008

Brain tumor found in 3 day-old baby

A pediatric neurosurgeon recently removed a tiny foot and other partially formed body parts in a newborn’s brain tumor. The baby was 3 days old and otherwise healthy. This type of brain injury is rare – doctors were unsure what caused it and opined it was a type of congenital brain tumor.

For the full article.

December 3, 2008

Toys that may cause brain injury still on shelves

This holiday season, parents have to be wary of the toys they buy for their children. New lead standards will not take effect until February and stores may have toys on their shelves now that contain lead. Nearly a third of toys on shelves tested contained medium to high levels of dangerous chemicals that could cause brain injury.

For the full article.

December 1, 2008

Brain injury victim about to undergo experimental procedure

Soon, a four-year old girl from New Zealand will undergo experimental treatment for her brain injury. The four-year old was born six weeks early with a birth injury and struggles to talk, walk properly, and chew her food without choking. More than fifty other children with brain injuries have been treated with this procedure. She will receive infusions of her own umbilical cord blood, which her parents stored at birth.

For the full article.

November 27, 2008

Lawsuits Filed in Brain Tumor Cases

Two lawsuits have been filed on behalf of residents of a town who allege they developed brain tumors as a result of a nearby insulation factory dumping hazardous waste into the community. Testing on environmental samples collected in the area revealed the presence of arsenic and lead. In 1989, the factory, which closed over 20 years ago, was accused of burying containers of hazardous waste. The Environmental Protection Agency says more testing is scheduled, including water sampling near the closed plant. The cases seek class-action status that if granted may allow thousands of people who live or have lived near the factory to receive damages. For the full story, click here.

November 25, 2008

Man denies hitting brain-injured daughter

A man accused of beating his stepdaughter so severely that she suffered a permanent brain injury testified recently that he never hit the daughter. He claims that the daughter injured herself. The prosecution claims that he and his late wife beat the 11-year old daughter into a brain injury coma in September 2005.

For the full article.

November 18, 2008

Helmut safety reward program – a success in fighting brain injury

A brain injury program set to use positive reinforcement and education as a means of reinforcing the importance of helmet safety has been a success so far in helping to fight brain injury. Many children were caught wearing their helmuts and rewards were given.

For the full article.

November 10, 2008

Statute of limitations may differ based on injury suffered

A recent case issued distinguished the statute of limitations between medical malpractice and cases of medical malpractice where a child suffers brain damage or birth defect. A case in Nevada was dismissed for having passed its statute of limitations, but was reinstated when this distinction was made by the court.

For the full article.

October 7, 2008

Personal injury lawsuit filed after 15 year-old injured during deliveries

The mother of a 15 year-old boy has filed a personal injury lawsuit. The 15 year-old was delivering flyers when he was allegedly attacked by a man. The personal injury lawsuit is asking for nearly $500,000 in damages. As a result of the attack, the boy suffered a head and brain injury that left him with visual, cognitive, speech, and language impairments.

The 15 year-old also suffers from post-traumatic stress disorder, fatigue, impaired fine motor dexterity, amnesia, memory problems, headaches, and insomnia. The injuries have left him with temporary total disability and permanent partial disability.

For the full article.

October 6, 2008

Boys suffers brain injuries after attack

A brain injury lawsuit has followed an attack that a boy experienced while delivering flyers. According to the brain injury lawsuit, the 15 year-old was attacked by a man and suffered personal injuries. In addition to the brain injury sustained, he also suffered permanent partial disability and temporary total disability.

For the full article.

October 4, 2008

Parents file brain injury lawsuit after student bullied at school

An 11 year-old’s parents have filed a brain injury lawsuit against a school district alleging negligence after the boy was repeatedly bullied at school. One last punch left the 11 year-old requiring brain surgery for brain injuries sustained.

The brain injury lawsuit contends that the boy has been left with lasting permanent and personal injuries including but not limited to headaches, short-term memory loss, fatigue, nausea, and dizziness. The brain injury lawsuit also alleges other symptoms typical to victims of brain injury, including a loss of fine motor skills.

For the full article.

September 28, 2008

Personal injury lawsuit follows head injuries sustained at school

A personal injury lawsuit has been filed by a young boy’s parents stemming from head injuries repeatedly sustained by the boy from students bullying him at school. The impact left the child requiring surgery for brain injuries. The personal injury lawsuit claims that the child suffers from fatigue, dizziness, nausea, headaches, short-term memory loss, and loss of fine motor skills.

For the full article.

September 26, 2008

Drowning in public pools could result in brain injuries

Every day, six people drown in pools in the United States. Even though many of these pools are public and have certified life guards, drowning is still one of the top leading causes of accidental death in our country. If not death, drowning can result in serious brain injury and personal injuries. 30% of those who drown in public pools are children.

For the full article.

September 21, 2008

Toddler home after brain injury from drowning

A Midwestern child recently returned home after suffering brain injury after he was found face-down in the family’s swimming pool. The 22-month-old was admitted into a hospital after the drowning. The child was put on a respirator and was in a comatose state with severe brain injury. At one point, doctors did not believe that the boy would survive. Although he is still in a coma, he was released from the hospital. He now requires round-the-clock care and medication. It may take a year or two for his brain to heal or he may continue to stay in his present state.

For the full article.

September 15, 2008

Man criminally charged after baby suffers brain injury

A baby was admitted to a hospital with brain injury and a skull fracture in addition to multiple broken bones. Last Thursday, the man whom police said caused those injuries was charged in court. He was charged with felonious assault and felony endangering children.

For the full article.

June 9, 2008

Boy Suffers Coma after Public School Boxing Match.

A young boy is left in a coma after suffering serious personal injuries following a boxing match at a public school. A personal injury lawsuit has been filed by the boy’s parents who will seek personal injury damages after their son was left with brain injuries following the match including a coma subdural hematoma injuries. The lawsuits plaintiffs, the boys parents have named several defendants. To see to full story click here.

January 10, 2008

Mother from Fairview Heights, Illinois sues herself for son's head injuries in automobile accident

A woman from Fairview Heights, Illinois collided with a Madison County ambulance in a 2005 automobile accident during which her one-month-old son sustained permanent head injuries. The woman has filed an Illinois personal injury lawsuit in which she is listed as a plaintiff acting on behalf of her infant son as well as an individual plaintiff. She, along with the Mission Care of Illinois ambulance driver, is also listed as a defendant. Her lawyer alleges that she failed to avoid an accident with the ambulance by not slowing down, stopping, or swerving. The attorney also claims that the ambulance driver was also careless and negligent.

Click here for the full article

November 15, 2007

Lawsuit filed against chip manufacturer for toxic exposure in clean room

A personal injury lawsuit has been filed against Advanced Micro Devices for failing to protect the woman from exposure to harmful chemicals that led to permanent birth defects in her son. The woman worked for AMD in a clean room where chips were fabricated in a facility in Texas. There, she was exposed to including ethylene glycol monoethyl ether acetate and 2-ethoxyethyl acetate. The lawsuit alleges that this toxic exposure in the workplace while she was pregnant was what caused her son to be born with cognitive defects and brain injury, as well as missing his lower right arm. AMD required its employees to undergo physicals, and it is through one of these physicals that the woman found out she was pregnant. However, even though the company knew of her pregnancy, neither the doctors it hired nor the company itself did anything to protect the woman or her unborn child. AMD and the doctors did not even warn her that her or her son’s health could be at risk.

Click here for the full article