Chicago Brain Injury Lawyer Blog

On September 17, 2007, Barbara Lefforge entered St. Edna Nursing home for rehabilitation purposes. Barbara had just had surgery to repair tendon damage in her foot. Barbara’s surgeon mistakenly prescribed 50mg of Morphine when he had intended to prescribe her 50mg of Demerol.

The improper prescription was noticed by the pharmacist from which the medication was to be received, but nevertheless St. Edna administered all of the morphine they had in stock (a total of 30 mg). Upon the drug administration, Barbara suffered an overdose. St. Edna failed to monitor her and failed to bring her to the hospital until the next morning. Consequently, Barbara suffered a significant brain injury. This injury led Barbara to file a medical malpractice action against both her original surgeon and St. Edna.

The jury found St. Edna 90% at fault and her original surgeon 10% at fault. Sadly, Barbara was only at St. Edna a little over five hours when the negligence that caused her injury occurred. This was an injury that could have easily been avoided, and one that happens all too often in both hospital and nursing home settings.

Doctors are not perfect, and as such a system of checks helps to mitigate the damages that some of their mistakes can cause. The pharmacist in this situation correctly told St. Edna that the prescription was a mistake, still, St. Edna failed to listen and now both Barbara and St. Edna need to live with the consequences of St. Edna's negligence.

According to PRWeb, a jury verdict awarded $12.2 million in damages to Emily Liou, a San Mateo County 17 year old who suffered a traumatic brain injury in a car-pedestrian accident. The accident occurred on March 28, 2006, as Emily was walking home. She had just left her friends after singing Karaoke. As she was crossing El Camino Real in a marked crosswalk, a woman with her child driving a Toyota sedan, struck Emily knocking her to the ground. The resulting injuries left Emily in a permanent vegetative state.

According to her attorney, “Emily was struck in a marked crosswalk located at the crest of a rise in the road, which does not come into view until a driver is about 100 feet away. Additionally, the crosswalk is located at an ‘uncontrolled’ intersection, meaning that there are no lights or stop signs controlling vehicular traffic. El Camino Real, which Caltrans (the California Department of Transportation) calls State Route 82, is among the busiest roads on the peninsula.”

Discovery during the case produced the following information -- within the past 15 years, three other pedestrians had been killed in the same crosswalk. The trial lasted four weeks. The jury found that the California Department of Transportation was 50% at fault and divided the remaining fault between the driver (30%) and Emily (20%).

According to Brainandspinalcord.org, brain injuries 20% of traumatic brain injuries are caused by motor vehicle accidents. In addition, 15-24 year olds face the highest risk of traumatic brain injuries due to vehicle accidents.

Car-pedestrian accidents are frequently devastating for the pedestrian. If you or someone you love has suffered a traumatic brain injury, our Illinois personal injury attorneys may be able to help.

The Chicago City Council approved a $3 million settlement on behalf of a woman seriously injured when the car she was riding in was hit by a stolen vehicle during an unauthorized police chase, the Chicago Sun-Times reports. The stolen vehicle was driven in excess of more than twice the speed limit when it slammed into the woman’s vehicle, and the collision was so strong that her body was thrown from the car and landed on the ground forty feet away. Doctors had to place the Chicago woman in an induced coma for two days and she was in the hospital for over two weeks. The woman suffered permanent brain damage as a result of the crash.

Mayo Clinic reports that half of all traumatic brain injuries occur as a result of car, motorcycle and bicycle collisions. When the head is struck too strongly, such as can occur in a collision, the brain can slam against the inside of the skull and cause bruising of the brain, bleeding, and torn nerve fibers. Sudden braking or stopping as a result of a car collision can also cause this to happen. A traumatic brain injury can be fatal. When serious brain injuries are not fatal, the consequences can still be severe. Traumatic brain injury can cause cognitive impairment, affecting a person’s thinking and reasoning skills, memory, and multitasking ability.

To help prevent against serious brain trauma, always wear a seatbelt while driving in a car. Motor vehicle collisions are sometimes unpreventable, but by taking the extra precaution of wearing something as simple as a seatbelt or child booster seat, lives can be saved and people can take steps toward recovery, whether by medical intervention, lawsuits, or both.

The Centers for Disease Control and Prevention (CDC) just released a report showing that each year in the United States, an approximate 1.7 million deaths, hospitalizations and emergency department visits involve a traumatic brain injury. The report, “Traumatic Brain Injury in the United States: Emergency Department Visits, Hospitalizations, and Death”, focuses on four years’ worth of data to conclude that 52,000 deaths, 275,000 hospitalizations and nearly 1.4 million emergency department visits occur every year in this country. Traumatic brain injury contributes to 30.5% of injury-related deaths in the Unites States, and the leading cause of traumatic brain injury is falls, followed by road traffic injury.

According to the CDC, a traumatic brain injury is the result of a “bump, blow, or jolt” to someone’s head that disturbs the brain’s regular functioning. Dr. Richard C. Hunt of the CDC was also quoted by UPI.com as explaining that traumatic brain injury can result in short-term or long-term consequences affecting person’s thinking, perception, language or emotions. These consequences may not be quickly noticeable. The Chicago personal injury attorneys at Levin & Perconti also understand that 5.3 million Americans, at a minimum, live with disabilities resulting from traumatic brain injury, and that consequences of a traumatic brain injury can be severe and life altering.

Furthermore, falls are one of the most common causes of brain injuries among older Americans. CDC analysis shows that one in three Americans ages 65 and older falls every year and that 30% of these falls require medical attention. Falls represent the main cause of injury deaths and nonfatal injuries for this age population. We represent clients in cases involving falls in hospitals, nursing homes, rehabilitation centers and assisted living facilities throughout our state. Our Illinois medical malpractice attorneys work hard to represent those who have suffered a traumatic brain injury as a result of someone’s negligence. For example, we recently reached a $3.3 million settlement on behalf of the family of a patient who died from severe head trauma and a subdural hematoma after a hospital negligently failed to prevent the patient from falling and hitting their head, even though the hospital knew of the patient’s risk for falls.

The jury in a medical malpractice trial, recently awarded $12 million for a hospital’s delay in evaluating and transferring an air rifle victim.

According to the Pasadena Star News, twenty-two-year old, Jessica Ramirez, was shot with an air rifle and the pellet entered her brain. Nevertheless, she remained conscious after the shooting and was able to ask for help. She was immediately taken to the hospital, which in turn sent her to another facility for surgery to remove the pellet. However, staff waited 5 hours before transferring her. At trial, the neurosurgeon who removed the pellet testified that, had he been allowed to operate sooner, her outcome would have better. Instead, her injury progressed into a traumatic brain injury that has left her in a persistent vegetative state.

More than $10.6 million of the award was for Jessica’s future medical care.

In many cases, especially those involving brain injuries, prompt evaluation and treatment is necessary to prevent treatable injuries from resulting in permanent damage or death. When doctors, hospitals, and other medical professionals fail to respond in a timely manner, they place their patient’s lives at risk. When this risk results in harm, they can be found liable for medical malpractice.

Click the following link for the full account of this traumatic brain injury verdict.

Todd Hays’ brain injury could heal within three months and without surgery. He recently had to drop his U.S. Olympic bobsled bid to make the Vancouver Games and retired after learning the extent of brain damage he sustained in a training crash. The bobsledder will need further evaluation of the bleeding in his brain and will have to be monitored for weeks. He does have full neurological function at this point. He had to retire after being told that his brain injury was worse than the preliminary concussion diagnosis had originally thought. His teammates initially knew something was wrong after their bobsled crashed in a training run. The athlete was told by doctors that more trauma could cause irreversible brain damage. However, the chief medical officer advised him that if he rested now the brain could heal itself. Concussions are not uncommon in the sport of bobsledding. This case highlights the need to rest after a brain injury, especially in the unique circumstances of athletes. To read more about the bobsledder’s brain injury, please click the link.

Shelley Moore Capito, a member of the U.S. House of Representatives, recently introduced legislation that would help veterans suffering from brain injury. The Veterans Traumatic Brain Injury Access to Care Act would allow veterans in rural areas access to better care and treatment for their injuries. Oftentimes, veterans are limited in where they can receive appropriate care, and are forced to travel long distances to select VA hospitals that have the proper technology to treat traumatic brain injury. According to the article on WHSV.com, twenty percent of the injuries to soldiers in the Iraq and Afghanistan wars involve some sort of brain injury, making access to proper treatment important to veterans across the country. To view the status of Capito’s bill to protect the victims of traumatic brain injury, follow the hyperlink.

A brain injury lawsuit alleged that the victim will suffer millions of dollars in lost earnings due to a brain injury. The brain injury was incurred after an automobile crash. The man was hit by a 17-year-old driver who went off the intersection and landed on the driver’s side of the sport utility. Brain injuries are common results of automobile crashes. To read more about the jury verdict, please click the link.

Target Corporation has agreed to pay $7 million to an 81-year old woman who suffered a severe brain injury when an automatic door at a Target store in Rosemont, Illinois, malfunctioned. This is a record settlement in Cook County for a brain injury to a woman over the age of 60.

A glitch caused the door to close on the plaintiff, Claire Putman, as she was walking through the store’s entrance. This knocked her to the ground, causing her to hit her head. She was than hit in the head again by the door itself as it continued to open and close. Ms. Putman was diagnosed with a subdural hematoma and, despite undergoing surgery to repair her injury, she suffered permanent brain damage and cognitive defects that have required her to move into a nursing home.

Click on the following link to LawyersandSettlements.com to read more about this record brain injury settlement.

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.

The Department of Defense has estimated the number of Operation Enduring Freedom/Operation Iraqi Freedom veterans with combat-related traumatic brain injury could reach 360,000. While many of these victims are looking for help, it appears that some legislators are championing a treatment that seems to work. This is called hypberbaric oxygen therapy. This therapy has successfully treated 28 traumatic brain blast-injured service members and veterans. This type of brain injury can have and is having devastating and life-changing effects on soldieries and their families. Congress should be working harder to finding help for those with traumatic brain injury, especially for those who cannot afford expensive treatment. There is a clinic in San Diego that will help those with head injuries. To read more about brain injury therapy, please click the link.

A research study shows that brain tissue may grow at a site of a traumatic brain injury by an injectable biomaterial gel. The research shows the biomaterial gel made up of both synthetic and natural sources may have a possibility to urge the growth of a patient’s own neural stem cells in the body, which can help mend the brain injury site. This could be the first step towards brain tissue regeneration. There has been an increase in brain injuries due to combat, which helped with the research. However, doctors believe that this research could be applied to head injuries caused by car accidents, falls and gunshot wounds. Recent brain injury studies have focused on using hypothermia or neuroprotection with pharmacological agents, but these have had little success. The new method shows that the hydrogel may be injected into the lesion site to direct the response of neural stem cells in the brain to supposedly redevelop normal brain tissue at the lesion site. To read more about the brain injury study, please click the link.

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.

Doctors believe that there may be a drug that can reduce the effects of brain injuries. Hormone progesterone, used to be a way to reduce damage to stroke victims. The drug is now being tested in 17 hospitals to see how it can help reduce brain injuries. It is believed that if given to patients within hours of the accident, the drug can lower death rates, reduce paralysis and cognitive damage. They are using this drug on brain injury patients in the hopes of seeing results. To read more click here “brain injuries”

According to Anthem Insurance Companies Inc., cognitive rehabilitation is a medically necessary treatment for those patients with traumatic brain injuries. Over 20% of injured American soldiers are now experiencing traumatic Brain Injuries and need to be treated for those injuries. The Brain Injury Association , the voice of those with brain injuries , is asking for President Obama to come through with a promise he made as Senator and direct Secretary Gates to enact TRICARE coverage to those who need cognitive rehabilitation from a brain injury that they suffered while serving overseas. Click here to view the entire article on “brain injuries” .

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.

A brain injury advocacy group from a hospital recently launched a brain injury website. The website will be a portal for people who have suffered serious brain injury and brain damage. Among the features of the website is a section where victims of brain injury can create blog posts. The website is aimed at people who have been affected by brain damage and to create awareness surrounding serious brain injury. To visit the brain injury website, follow the link.

A 21-year old woman incurred numerous seizures resulting in brain injury and paralysis from an ingested hamburger containing a bacterium called Escherichia coli. She now has to endure a variety of therapy including therapy to counteract the brain injury’s serious effects. The brain injury also affects the woman’s responses.

For the full story, click here.

A study was conducted involving mild electrical currents on the brain to find ways to enhance traumatic brain injury rehabilitation. The study found people who received a mild electrical current to the motor control area of the brain were more successful in performing motor skills than those in a control group who did not receive the current. The study gives hope to those who suffer from traumatic brain injuries.

For the full story, click here.

Like physical therapy for your brain, cognitive rehabilitation has been proven to help one’s mind after a serious brain injury. Researches studied problems associated with serious brain injuries such as language, attention, memory and other cognitive issues. Through this research, they gave suggestions on treatment options for those suffering from a brain injury.

For the full story, click here.

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.

A man is in critical condition after being severely beaten in a fight last weekend. The man who suffered personal injuries is now in intensive care with a swollen brain. His family believed he would be brain dead. The brain injury victim was hit over the head with a champagne bottle.

For the full article.

Millions of people have suffered brain injury and now, cognitive training can assist them perform at higher levels of cognitive function and have better quality of life. Recently, research has been expanded to a wide range of neurological conditions, including traumatic brain injury, schizophrenia, geriatric depression, mild cognitive impairment, dementia, and chemobrain.

For the full article.

One man is crediting his recovery from his brain injury to his personal trainer. He sustained a brain injury during a 2003 car accident and it hurt his energy and concentration. Now, he’s stronger and able to hold his balance.

For the full article.

Traumatic Brain Injury Staff Training has released self-study modules online for staff working with people with traumatic brain injury. Its comprehensive modules provide overviews of the nature of traumatic brain injury and its impact.

For the full article.

1. The height of traumatic brain injury is in the 15-25 year old range.
2. Males experience traumatic brain injury three times more often than females.
3. Recovery from severe traumatic brain injury includes coma, post-traumatic amnesia, lucidity, and recovery.
4. The severity of a traumatic brain injury is measured by the length of the post-traumatic amnesia.

For the full training kit released by Traumatic Brain Injury Staff Training.

Everyday living requires individuals with brain injury to use their cognitive reasoning at every activity. Brain injury can impair a person’s functioning. Rehabilitation is essential for individuals having suffered head trauma. Focusing on promoting independence of an individual can be achieved through setting independent living skills goals.

For the full article.