Chicago Brain Injury Lawyer Blog

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

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

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

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

How does that compare to the prison population?

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

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

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

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Brian Injury Lawsuit Filed After Bridge Accident

Construction Accident Causes Brain Injury

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

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

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

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

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

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

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

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

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

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

Judicial “Hellhole” Report is a PR Stunt

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

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

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

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

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

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

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Facts on Traumatic Brain Injury

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

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

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

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

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

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

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Lawsuit Filed After Inmate Suffers Brain Injury

New Technology Aims to Help Victims of Traumatic Brain Injuries

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

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

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

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

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

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

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

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

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

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

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We have often used this space to discuss our Chicago brain injury attorneys opposition to medical malpractice damage caps. These caps interferences with the regular justice system under the “tort reform” banner that represents unnecessary and unfair intrusions upon the rights of regular consumers. We must ensure that consumers are made aware of the truth behind these measures. It is particularly troubling that so many residents are not aware that these measures are promulgated by the companies and entities which have the most to gain by taking away the rights of victims. These damage caps are somehow sold as good for the public as a whole, notwithstanding the fact that they are far worse for every individual community member.

Most of the discussions around medical malpractice damage caps refer to proposed state and federal legislation which would create these damage limits. However, those companies which seek to avoid full responsibility for their conduct are attempting to force the issue in other ways as well. For example, in the nursing home context, many facilities force new residents to sign an arbitration clause which requires all future disputes to move through the arbitration process, instead of the regular court system. As we have consistently explained, arbitration clauses are almost always skewed to the advantage of large defendants, because juries are not involved, rules of evidence are different, the process if often expensive, and defendants often chose the arbiter.

On top of all of those downsides, some companies have added even further limitations to the arbitration agreement. As recently discussed at Lawyers.com, some nursing homes tried to impose damage caps on new residents as part of the arbitration agreement. Fortunately, at least one state court has struck down these unconscionable impositions on consumers. Our Chicago brain injury attorney John Perconti was asked to explain the nationwide implications of two recent state Supreme Court cases. The cases, Shotts v. OP Winter Haven and Gessa v. Manor Care of Florida involved damage limitations inserted into arbitration clauses. In Shotts the limitation was a complete ban on punitive damages. In Gessa that challenged clause had a punitive damage ban as well as a $250,000 cap on non-economic damages. After hearings on the issues, the court struck both bans as violating the public policy of the state.

Attorney Perconti explained that there may be nationwide implications as “these opinions should deter nursing homes in other states from imposing damage caps in their agreements.” Illinois has not seen many, if any, of these clauses. But had the Florida Supreme Court upheld the clauses, it would be likely that nursing homes in our areas might have begun using them more in an effort to further avoid accountability for errors that it makes which harm residents. Even if local homes try to include these caps, Perconti explains that our state highest court would likely strike them down as well. He explained that these clauses “would violate Illinois public policy and undermine the remedies set forth in the Illinois Nursing Home Care Act.” Taking about substantive protections afforded to all community members via the guise of a forced arbitration clause should not be tolerated in our state.

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Denver Channel News discussed a tragic story last week about a teenager who suffered a brain injury who is working to convince state legislators to provide him with the funds he is owed. It is a tragic example of the injustice of so many tort reform measures that our Illinois brain injury lawyers fight hard to oppose.

The story involves the case of a boy who was born in 1997 with a crippling brain injury. His family eventually filed a medical malpractice suit against the hospital where the child was born, because they learned that the injury could have been prevented and was likely caused by inadequate care that was provided by medical professionals involved. The case went to trial and the jury ruled in the family’s favor. They awarded the family $30.8 million, because the overall costs to the child as a result of the harm over the course of his lifetime were significant. The funds would be used for a wide range of care that will help the boy live as normal a life as possible considering the circumstances.

However, the family has not received anything since the jury verdict was reached nearly five years ago.

The reason is based in state law which exempts certain medical institutions from liability. The hospital where the inadequate care was provided happened to be a state institution. As such, it is considered a governmental entity requiring a “claims bill” to be reviewed and passed by the state legislature. Unfortunately, the brain injury lawyers involved in the suit explain that the state has made a habit of “sitting” on these bills and preventing the victims from receiving the amounts that a jury in their community found them to deserve.

Unfortunately, these bills often get caught up in the political process and the unseemly games which are always involved in political matters. In this boy’s case, the state’s Senate heard the bill and passed it, which would allow the child to receive the award. However, things have not gone so well in the state House. That body refuses to give the bill a full hearing, meaning that it cannot be voted on. Until the body votes and approves the measure the child cannot receive the funds. The boy wrote a letter to the state legislature pleading for help. Because the family financial situation is in shambles, that very letter took 3 weeks to write on a rudimentary communications board. The family cannot afford to purchase more advanced tools until the award they received is actually provided.

Situations like these act as a clear example of why the judicial system and the legislature are separate bodies. The judiciary is set up to handle disputes between community members in a fair honest, way. The legislature works in very different ways, and is influenced by a wide range of political pressures which have no bearing on the details of an individual dispute. Intermingling the judicial system with the legislative leads only to unnecessary problems, complications, and unfair delays. As with all tort reform measures, there is little to gain from injecting political influences into the judicial process. All efforts toward this end should be fought tooth and nail to ensure other victims are not forced to wait years to receive awards or, worse, to never receive the award at all.

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Many Illinois Brain Injury Victims Never Fully Recover

A recent KSAT article included an in-depth interview with a renowned brain injury doctor who has specialized in helping child victims. The doctor has worked with southern Illinois patients, and has been responsible for vast improvements in the outcomes for many of these victims. Our Illinois brain injury lawyers were impressed to learn that not only were more children’s lives being saved by improvements in care, but the quality of life for those survivors was also drastically improving. This is very positive news that has tremendous implications for all those families who have youngsters who fall victim to these injuries.

As part of the interview, the doctor provided some interesting insights into some unique facets of brain injuries and treatments for those injuries. For example, he explained the important role that mitochondria play in brain cells (and subsequently brain injuries). He noted that the mitochondria are the “energy hogs” of the cell, as it uses the necessary energy to perform the complex tasks required of the brain. The functionality of the brain in large part depends on the efficiency of the mitochondria in the brain cell. Essentially the mitochondria can be viewed as the nuclear power plants of the brain. When something goes wrong, there can essentially be a leakage. That leakage can be deadly, because it sends the message to the cell that it is time to stop functioning. When a traumatic brain injury occurs, the brain has no energy. This makes the person unconscious and sends the surrounding cells are a message that they are supposed to stop functioning. Halting these leakages is essentially the challenge of preventing complications from the brain injury.

The doctor also explained that at the forefront of improving traumatic brain injury treatments is improving imaging. Of course the first step in treating a problem is to understand exactly what is going on. The best option right now is to conduct MRIs on patient brains and attempt to test the mitochondria and determine if something is going wrong. What has recently been uncovered is that children who suffer these injuries have mitochondrial problems for weeks afterwards. This is actually good news, because it means that once new treatment methods are devised, doctors might have time to stop the breakdown and improve outcomes.

Essentially those possible treatment options would be new drugs that might help stop the mitochondrial breakdown. There are at least three candidates at the moment, but it will take years before any of those has received a thorough enough test to be sure that they either do or do not work as hoped. If effective the drugs will allows medical professionals to take a proactive approach to helping these victims. Right now the main strategy is to treat the brain in intensive care and let it heal on its own. The drugs would travel to the brain, go directly to the mitochondria, and hopefully help them heal. This active approach, it is hoped, will result in less swelling in the first few days after a TBI, less intensive care, and faster overall recovery.

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Facts on Traumatic Brain Injury

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

Our Chicago brain injury lawyers have reported often on these pages about the rise in sports related head injuries and the need to be vigilant about their presence. An individual brain injury—like a concussion—can have only minimal effect on a player so long as it is properly caught and treatment is provided. The real danger is in not catching the concussion at all, opening the door to aggravating the injury. The consequences are high in those situations as anything from brain damage to death can ultimately result.

The challenge in correctly identifying a traumatic brain injury has been leading many researchers to investigate ways to easily, accurately, and timely identify if head trauma has occurred. The federal government has also been involved in the situation, as many service members experience these injuries. According to the Army Times progress may have been made on this front. Pentagon officials are now considering a range of new diagnostic tool to help detect whether or not a concussion has occurred. While the new tools are promising, officials are quick to point out that none of them constitute of “magic bullet” to quickly and perfectly determine the potential harm of a head injury. Instead, officials believe that using a combination of tests in conjunction might ultimately prove to be the most useful way to help in these situations.

The combination of tests will likely be used to determine if and when a concussion victim is capable of returning back to duty. One of the most novels tools involved is a hand-held device that can test for protein fragments that have been released into the bloodstream. The device is still in the testing phase, but in smaller samples it has proven quite effective at identifying whether or not a concussion had occurred. The results of a much larger examination of the device’s effectiveness are expected early next year. If the device performs well it is likely that it will be used in more widespread ways in the future.

Beyond that, military doctors are also combining use of a wide range of other techniques. One is known as the EYE-trac, and it is a computer device that tracks visual movements and cuing in a potential victims. The tracking results can be used to test inattention and memory loss, which are common following concussion. Lab tests of saliva or skin are also used to identify biological markers of brain injury. In addition, more sophisticated MRI techniques are helping to paint a clear picture of the working of an individual’s brain. Of course advanced imaging tests and some other lab results are much more expensive and time consuming, and so the search for a more direct and reliable identifier of traumatic brain injury remains underway.

It is hoped that the increased surge in research attention around the topic will yield good results. As one involved researcher explained, “there’s been a paradigm shift in research, with extreme pressure to develop safe and effective treatments, and to get the ball rolling as fast as we can.” In particular, it is hoped that the “Holy Grail” of an effective concussion identifier will be found, because it is much harder to detect mild brain injuries compared to severe ones.

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

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

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

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

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Chicago Medical Malpractice May Be Caused by Uncivil Doctors

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

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

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

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

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

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Head Injury Lawsuit Filed on Behalf of Ex-Football Players

Former Illinois Athletes File Brain Injury Lawsuit Against Eastern Illinois University

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

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

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

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

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

Continue reading "Congresswoman Giffords Case Highlights Traumatic Brain Injuries" »

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

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

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

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

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

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

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

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Car Accident Brain Injury Victim Works to Help Others

Motorcycle Passenger Dies from Brain Injury Suffered in Accident

Through the years our Chicago personal injury attorneys have come to appreciate the apprehension that many local residents have about visiting an attorney. For one thing, many residents decide not to visit with a legal professional, because they are unsure if they even have a case. Many residents want basic accountability on the part of those involved in the incident, but they do not want to come across as “money-hungry.” Unfortunately, some residents buy-into the mistaken notion that visiting with a legal professional to learn about how the law applies in certain situations is akin to trying to make a quick buck.

That could not be further from the truth.

The need to take practical steps to protect one’s legal interest is nothing to be ashamed of or shied away from. In fact, in the case of traumatic brain injury or other debilitating accidents, it is often a practical necessity to seek out accountability to ensure that the victim will have the resources they need to receive the best treatment and rehabilitation possible. The costs associated with treating and adapting following a brain injury are often incredibly high. The most severe victims often require around-the-clock care for the rest of their lives, particularly if they have lost the ability to perform basic functions like walking, talking, or eating.

In addition, many victims in our area and their families fail to seek out the help of an experienced Chicago brain injury lawyer, because they are contacted by an insurance companies. Victims of certain kinds of incidents—such as car and truck accidents—often assume that offers by an insurance company following the incident will sufficiently cover their interests and ensure their loved one receives the compensation they need to make themselves whole. Unfortunately, it is a risk to make that assumption. The fact remains that insurance companies are companies in the business of trying to pay out as little money as possible following accidents.

That is not to say that these companies are always out to swindle unsuspecting victims. However, it is fair to say that there can be significant ramifications from assuming that the insurance company is looking out for the best interests of those involved. They are not. The only way to ensure that you have a proper legal advocate who is zealously working specifically on your behalf is to get in touch with a personal injury attorney to provide assistance. All lawyers experienced in the area will understand how to work with insurance companies and have a proper gauge on the overall scope of losses that were actually sustained in an incident and which should be compensated.

Considering that most attorneys involved in these situations do not charge a fee unless you are compensated, there is little to lose by visiting with a legal professional to learn about your options. Of course, legal implications are often the last thing on a family’s mind in the immediate aftermath of an injury. Proper recovery should always be prioritized. However, once the medical condition is stabilized, a legal representative should be consulted reasonably soon. Statute of limitations laws apply, and certain actions taken without the help of an attorney often have permanent legal ramifications.

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Brian Injury Lawsuit Filed After Bridge Accident

Construction Accident Causes Brain Injury

We have often reported on the wide range of causes of Illinois brain injuries, from car accidents to sporting collisions. Another of the most common causes of permanent brain damage involves medical neglect. When doctors, nurses, or other caregivers fail to act reasonable, at certain times a life-long, debilitating brain injury may result which should have been prevented. When that occurs, the victims usually file amedical malpractices lawsuit. This is one reason why all those who have suffered one of these injuries should be concerned about the efforts of big business and insurance companies to limit the ability of brain injury victims to recover for their losses. But the problem runs deeper than medical malpractice limits. Many of the biggest tort reform proponents are pushing to take away victims’ rights in a wide range of areas that could have effects on all types of Illinois brain injury victims.

Considering the zeal with which many of these big interests attack the civil justice system, one would be safe to assume that no negligence victims would be secure in their rights if these interests had their way. The justice system is so often attacked by certain organizations, businesses, and industries, that it would seem that those antagonizes would do everything in their power to stay away from that system in all capacities.

However, that is not quite the case. As a new American Association of Justice report reveals, many businesses that ridicule the justice system are active users of it so long as it is for their own benefit. Sadly, much hypocrisy is at the root of efforts to enact tort reform. The new report exposing that hypocrisy, entitled “Do As I Say, Not As I Sue,” focuses on the practices of the ten member of the U.S. Chamber of Commerce’s “Institute for Legal Reform” (ILR). The ILR is one of the most vocal and active bodies speaking out for taking away basic legal rights from citizens hurt by the misconduct of others. Yet, as the report shows, the zeal for dismantling the justice system seems only to apply to other people, not their own interests.

For example, one ILR board member, Honeywell International, systematically takes competitors to court when they feel that they have been wronged. Of course they are not pushing for any limits on their own ability to recover in those situations. Yet, when the shoe is on the other foot and Honeywell is the defendant in a case—such as when they were accused of selling defective body armor to police officers or downplaying the angers of asbestos—the company suddenly feels that the justice system is out-out-hand. The hypocrisy behind the varying positions is painfully clear. It bespeaks of a deep-seated supreme interest in doing and saying whatever increases the company’s bottom line at any particular moment. It is hypocrisy that must be stood up against.

Our Chicago injury lawyers at Levin & Perconti are happy to devote each day to helping victims of careless and reckless conduct throughout our city and state. We will continue to fight against the hypocritical conduct of so many big industries which seek to limit the justice system’s ability to help regular community members, while keeping it in place for the businesses themselves. The same rules need to apply to everyone, and the right to have a jury decide all the issues in a dispute should be respected as the nation’s Founders intended. If you or someone that you know suffered head trauma or an injury to the brain we encourage you to speak with a Chicago brain injury lawyer to seek redress, ensure accountability, and push for important safety changes that could spare a future victim.

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

Respected National Think Tank Criticizes Damage Caps

Last week Health Imaging News shared the results of a troubling new study which found that certain children who experience head trauma may not be receiving the care they need to ensure their well-being. Specifically, our Illinois brain injury lawyers were disturbed to learn that African-American and Hispanic children were less likely to receive a cranial CT scan after head trauma when compared to white children. This is according to the results of a recently released paper from the American Academy of Pediatrics.

Researchers involved in the projects reviewed available data on children who sought care at twenty five Pediatric Emergency Care Applied Research Network trauma centers. They specifically looked at the CT scan use by professionals compared with the child’s possibility of having suffered a traumatic brain injury. In total, the records of over 42,000 children were evaluated. Out of that group, roughly 35 percent were given a CT scan to determine if there was any brain injury caused by the head trauma claimed by the patient. Medical professionals have discretion in all of these matters on what testing they deem appropriate.

Broken down by race, the doctors found descrepiciences in what children had the scan performed. Seventeen percent of white children received the scan, compared with only twelve percent of black children, and nine percent of Hispanic children. The researchers involved in the study were cautious when trying to give reasons for the varying rates of CT scan use. Though, logically there are two main choices: either minority children are not receiving the scans enough or white children are being given CT scans too frequently.

Either outcome is alarming. On one hand, brain injuries can have serious, lifelong consequences for those children who experience them. The symptoms of these injuries are notoriously hard to detect, and many sufferers fail to receive any treatment because they are never made aware of their problem. This counsels toward consistent and proper scanning when necessary to ensure the injuries are detected in a timely fashion. However, on the other hand, overuse of these scans results in increased radiation exposure for the children and overall increase in healthcare costs. Those involved with this research study are hoping that more analysis is done that better pinpoints the causes of the racial disparities in neuroimaging.

The Chicago brain injury attorneys at our firm are aware of the potential implications of this and similar research on the lives of the children involved. Fortunately, more and more families are becoming aware of the significant risks posed by brain injuries and the need to take all head trauma accidents seriously. The problem has perhaps received the most attention in the context of sports injuries. Those involved in contact athletics, like football, soccer, hockey, boxing, and similar games, must remain particularly vigilant about the injuries that may be faced by participants. There is little room for error when it comes to the safety of our young community members. That is why medical providers must ensure that they conduct the proper diagnostic testing in a consistent manner at all times.

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Sports and Traumatic Brain Injuries

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

This week the New York Times published a story exploring the latest work by medical professionals to better understand the effects of traumatic brain injuries. As explained, the recent expanded focus on these problems stems in large part from the fact that these wounds are the “signature” injuries suffered by our troops returning from Iraq and Afghanistan. The current techniques used to treat these injuries are helpful to some, but almost all current treatments lack actual scientific support. As our Illinois brain accident lawyers shared this week, those findings were reflected this week in a report that was released by the Institute of Medicine at the request of the U.S. Department of Defense.

Experts have called the report the most comprehensive analysis yet into the medical treatments available for brain injury victims. A few of the current methods use to help brain trauma had a bit of scientific support—such as the use of special daily journals to help with memory and similar mental functions. However, the vast majority of other treatments had little to no actual evidence supporting their effectiveness. The goal of the research effort was to create a set of guidelines to help those who are assisting the returning soldiers suffering from such issues. However, researchers on the effort essentially concluded that few reasonable guidelines could even be created, because the overall evidence base was too thin. Even then, some experts claim that the situation is even less clear than the researchers suggest in the report. One professional noted, “I think the panel had a slight bias toward wanting these therapies to work, but at the same time it did not overstate the evidence.”

Currently, the military provides so-called “cognitive rehabilitation” to those returning service members who show signs of head trauma. For many of these victims, they sustained these injuries from nonpenetrating blasts on top of head trauma from bombs or bullets. However, many family members of veterans have criticized the current efforts to support these troops. They claim that even though that 20% of injured service members have suffered head trauma, little has been done to help them deal with the long term ramifications. The problem only seems to be worsening as the number of brain injuries suffered by members of the military have nearly tripled in the past decade to more than 30,000.

Continue reading "Institute of Medicine Increases Effort to Study Effects of Brain Trauma" »

Our Chicago brain injury attorneys were saddened by the news that a young college football player has died as a result of head and brain injuries that he sustained on the field during football practice. The traumatic brain injury occurred sometime during football practice at his college, and the victim’s parents and teammates are not sure exactly what happened during the routine practice that caused the severe brain damage that led to the young man’s death. The young athlete was hospitalized following the head injury and died as a result of those injuries, close to a week after the incident.

While the victim’s family is not positive as to what exactly was the cause of the brain injury, the family is sure that the injury was the result of head trauma and not due to any type of existing condition. According to The New York Times, the family of the victim stated that the victim had always been very healthy and had suffered no serious medical problems in the past. The victim’s parents did not know of any concussions that their son had experienced in the past, and were not aware of any specific instances of head trauma. The young athlete’s teammates that were present at the time the head trauma occurred said that the victim complained of feeling dizzy and woozy, and then collapsed after he was helped off of the field. The young man was then taken to the hospital where he later died from complications from his traumatic brain injury.

This particular incident is especially of concern to our brain injury attorneys because while head injuries and death are often linked to football, boxing, and other sports that involve serious physical contact and hits to the head, most injuries of this time do not occur in college aged athletes. This type of severe brain injury is most commonly found in high school athletes under the age of 18, and some older athletes that have suffered years of brain damage. The reason that head and brain injuries of this type are not as common in athletes of the college age is that teenagers tend to be more susceptible to hits to the head, and are more likely to develop swelling and brain bleeds, even more so athletes that are slightly older. This type of tragic brain injury and death occurring in someone the victim’s age is very upsetting and has many brain injury specialists confused.

At this point it is not clear whether the family will be filing a brain injury lawsuit against the school, or the doctors, or anyone else, and the family’s main goal right now is to figure out what happened to their son and to try and warn others so that other families do not have to go through this same terrible trauma that they have suffered through. Our Chicago brain injury attorneys at our personal injury law firm have helped victims of traumatic brain injuries, and their families, throughout the difficult time following these tragic injuries and are here to discuss what has happened to you or your loved one and what possible options are available.

Our Illinois brain injury attorneys are very interested by the new Illinois law requiring all student athletes to be cleared by a doctor, when they show any signs of a concussion, before they are allowed back in the game or on the field. This new law was adopted earlier this year to be effective immediately, and with the new school year beginning and a new high school football season starting, this concussion law will hopefully begin to reduce the number of long term brain injuries suffered by football players who get hit in the head again before they are fully recovered from a previous concussion. Although the law itself is new to the state of Illinois, 27 other states have already adopted a similar type of law and many Illinois schools had similar policies in place in order to help protect their students that were showing signs of a concussion after receiving a hit to the head.

This law, and similar policies that were implemented by schools prior to this new Illinois law going into effect, come in the wake of the realization that many serious brain injuries in football players were linked to the players suffering years of concussions. Up until just recently football players were usually sent back on the field shortly after suffering a possible concussion, and recent studies have shown that this may have been what caused a great number of long-term severe brain damage and in some cases even death. According to The Chicago Tribune, the number of school age children coming into the emergency room for concussions has drastically increased, and more children have been receiving the treatment that they needed, likely because of the increased awareness of the possible danger of repeated concussions that are not handled appropriately.

Upon learning of the danger of not fully checking out an athlete following a hit to the head, many coaches, teachers, parents and school boards have fought for and implemented changes in schools. While it was a great start for schools to take action, our Illinois personal injury attorneys were very happy to learn that Illinois lawmakers decided to take more action and implement a concussion law for the state of Illinois. This statewide law will hopefully injure that all student athletes are treated properly following a head injury and greatly reduce the number of brain injuries suffered by our Illinois athletes.

As the new school year begins, our Illinois brain injury attorneys feel much better knowing that student athletes in Illinois will have to be cleared by a doctor after suffering any hit to the head that appears to have caused a concussion. The law will also offer more concussion education and awareness in the school system. The law does not aim to stop players that are safe to go back on the field from being able to play, but hopefully will keep players that need to remain out of the game off the field until their injury has had time to heal. Brain injuries that are preventable, such as ones that result from numerous blows to the head in sports, are especially upsetting because they could have been avoided if only the proper precautions were taken and that is why this law is so important. Our Illinois personal injury lawyers hope to see less of these preventable brain injuries as a result of the new law.

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.

March is National Brain Injury Awareness Month. As the month comes to an end, the Miami Herald published an article from a local high school student-athlete who had suffered a sports related brain injury.

The 16 year old sophomore suffered a concussion after a head to head collision with a fellow soccer player. This was not the sophomore’s first brain injury. The sophomore reported having three concussions in four years; all of which occurred while playing high school soccer.

Each year, nearly 140,000 high school athletes suffer a sports-related concussion. Several states are looking to pass laws to help prevent sport related brain injuries in high school student athletes. In Illinois, pending legislation is looking to provide education and awareness for athletes, coaches, and parents. Although student-athletes need parental consent before competing, few Illinois schools have policies informing student-athletes and parents of the nature and risk of head injuries.

Other states are trying to introduce similar bills. Some states even want a policy requiring players who sustain a suspected head injury to be immediately suspended from play until they receive clearance from a qualified medical professional. In Illinois, steps are being taken in Springfield to improve safety regulations for helmet manufacturers. To learn more about Illinois brain injuries, follow the link.

In the article, the sophomore regrets not seeking medical treatment sooner for his brain injuries. The sophomore complained of constant headaches that interfered with his academics. He also suffered from depression after doctors told him he would never be able to play soccer again. Although the student-athlete’s symptoms have improved and he has been able to return to soccer, he has to wear a rugby helmet during games.

According to the article, more than 40 percent of high school athletes return to play before they are fully recovered because schools, coaches, parents and players are not adequately educated on head injuries. In fact, brain injuries have been called the “silent epidemic” because few people are aware that they represent a serious health problem in the United States. Click on the link to read the full article about head injuries.

Continue reading "Illinois celebrates National Brain Injury Awareness Month" »

Ice skaters, skiers and snowmobilers rejoice as snow continues to fall this winter season. But it is during these snowy months when winter sport enthusiasts become at high risk for brain injury.

Those participating in winter sports should wear a helmet to prevent head injuries. While helmets do not prevent concussions, they do protect the skull from factures. A report found that helmets reduce the risk of head injury among skiers and snowboarders by 35 percent.

Even pedestrians need to be cautious over the winter. Icy surfaces can cause pedestrians to slip and fall. The winter can also create dangerous driving situations for cars and trucks.

Although most head trauma accidents are minor, it’s important to be cautious following a head trauma to prevent further personal injury. Brain inury can cause the brain to swell, damaging brain and nerve tissues.

A victim of a head trauma should be carefully observed for early signs and symptoms of brain injury. Signs and symptoms can develop hours or even days after a head trauma. Early symptoms include severe headache, confusion, loss of balance, vomiting, slurred speech, and seizures.

Immediate treatment is necessary to determine if a victim is suffering from more severe symptoms such as uneven pupil size, convulsions, or blurred vision. These symptoms can be long-lasting or permanent in some cases.

Continue reading "Winter conditions increase the risk of brain injury" »

Nearly three decades ago Terry Pomatto “lost” her son to a motorcycle accident. Steven Paul Fowler, Terry’s son, suffered a traumatic brain injury while riding his motorcycle when an animal ran into the road in front of him. Unable to stop Steven crashed, killing one passenger, while personally suffering a traumatic brain injury. Steven did not pass away, but his life was never the same. After weeks in a coma, Steven woke up unable to do even the most mundane tasks. “It took months just for him to learn to open his mouth, to chew food, to swallow," Pomatto said. Steven eventually regained the ability to speak, and eat, but only in a limited capacity, and he was never able to truly function as he was before the accident. Steven never made it out of the nursing home.

Steven’s mother had bought him a helmet a few weeks prior to the accident, but unfortunately Steven was not wearing it when he collided with the wild animal on May 31, 1981. A few days after the accident, Steven’s mother went to his house to pick up a few things and found the helmet sitting on the kitchen table. As a mixture of emotions swelled inside her, Terry picked up the helmet and threw it against the wall.

Steven suffered from a traumatic brain injury. The Mayo Clinic describes a traumatic brain injury as “the result of a sudden, violent blow to the head — which launches the brain on a collision course with the inside of the skull. This collision can bruise the brain, tear nerve fibers and cause bleeding.” Additionally, According to the National Institutes of Health, “half of all traumatic brain injuries are caused by collisions involving cars, motorcycles and bicycles.”

To limit these injuries, it is important for an individual riding his/her motorcycle to wear a helmet at all times. Although a helmet will not completely eliminate the chance of a traumatic brain injury, it can reduce it significantly.

Currently, there is no law in Illinois which requires an individual to wear a helmet while riding a motorcycle. Although there have been attempts to create one in the past, the legislature has never successfully passed a law to such effect.

How many more cases like Stevens' will it take before Illinois understands the severity of brain injuries? Illinois, after many years of traumatic injury, passed a law in which individuals in motor vehicles had to wear seat belts. I suspect (and hope) that a law requiring the use of helmets for motorcyclists is not too far away. It will save many future families from the heartache and pain suffered by Steven’s family.

Our Chicago accident attorneys at Levin & Perconti recommend that all motorcyclists wear helmets to help avoid potential brain injuries and death. We offer our deepest sympathy to Steven’s family and all other families who have suffered a loss caused by a motorcycle accident.

Reuters reports that a University of Illinois researcher has helped create a new brain implant made of silk and tiny electrodes and helped conduct studies assessing its effectiveness. Because the silk is biodegradable and water-soluble, it dissolves on the brain, leaving the electrodes in place and allowing the device to record brain signals more accurately than other brain implants and minimize damage to the brain. The silk brain implant also could have application to people suffering from serious brain traumaor a neurological disorder such as epilepsy or a spinal cord injury.

The Chicago brain injury lawyersat Levin & Perconti think these new findings are of particular interest to clients who have suffered spinal cord injuries as a result of the negligence of others. These injuries can occur from motor vehicle accidents, slip and fall incidents, and workplace accidents, or because of mistakes by health care providers, such as by failure to relieve spinal cord compression. As The National Institute of Neurological Disorders and Stroke explains, spinal cord injuries often begin with sudden, serious blows to the spine that fracture or dislocate vertebrae. This can compress the spine. Spinal cord injuries destroy the nerve cell extensions that carry signals between the brain and body, and when a person suffers a severe spinal cord injury, they can become completely paralyzed. However, people that suffer from less severe spinal cord injuries still retain some ability to convey messages from their brain to their body.

The silk brain implant can help both categories of people affected by a spinal cord injury. As Reuters reports, the silk brain implant has the potential to reroute signals from the brain to prosthetic devices, enabling people with spinal cord injuries to move independently once again.

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.

A new medical trial is taking place at Parkland Memorial Hospital, in an attempt to protect people injured from suffering traumatic brain injuries. Giving patients estrogen, they believe, could protect against brain injuries after a traumatic injury. The trial is going to involve only males, some getting the drug and others getting a placebo. The drug must be administered within two hours of the accident to prevent the possible brain injury; this has led to an ethical debate about whether they can give the drug to people who don’t consent. The read more of this article “Medical Trial in Place to Protect Injured People from Brain Injuries” 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”

Three hundred orange “phantom” heads graced the steps of the U.S. Customs house yesterday in an effort to raise awareness and educate the public about traumatic brain injury. The heads were placed on the steps by Force Protection, a manufacturer of armored vehicles used in Iraq, and the Medical University of South Carolina. These two have teamed up to study blast-related damage and traumatic brain injury. The “phantom” heads, made of gel and celery splayed in a pattern representing the brain, are used in the study’s blast tests.

For more information on the “phantom” heads and the traumatic brain injury research, click here.

The University of Rochester Medical Center is a step closer to releasing a blood test which can detect both the severity and existence of brain injuries. Scientists are claiming this will be a major breakthrough in the diagnosis and treatment of traumatic brain injuries. This new brain injury blood test may be used, in certain instances, in the place of a CT Scan. To read more about this exciting new medical development in the area of brain injuries, please click here.

According to the article, 30-50% of those that suffer severe brain injuries will also suffer injury to their pituitary gland which then causes endocrine system dysfunction. The article follows one study that shows the severity of the brain injury will not affect whether there is damage to the pituitary gland. Even mild brain injury can lead to ESD.

For the full story, click here.

Illinois has launched a program (the Illinois Warrior Assistance Program) to help brain injured veterans receive proper care. Often brain injuries can impact a veteran’s life and ability to function after serving in the war. This new Illinois brain injury program will help brain injured veterans receive proper physician care and proper brain injury screening upon their return home. Many Chicago, Illinois veterans are in need of proper medical care to address brain injuries, traumatic brain injuries and other war associated injuries. To read about this brain injury program click here.

Two days after being declared brain dead, Jayne Campbell Soliman, a former British ice skating champion, gave birth. Mrs. Soliman was kept alive with machines after suffering from a brain hemorrhage in order to give doctors time to perform an emergency caesarian section, removing her baby girl. Swift action and excellent care from her physicians and medical team made this miracle possible. Soliman was air-lifted to the hospital soon after developing the brain injury, where she was pronounced brain dead shortly after arrival.

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A recent report found that helmets may worsen traumatic brain injury among soldiers in Iraq. Helmets may even act as a “focusing mechanism” for shockwaves during blasts caused by IEDs.

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Months before an Illinois couple were to wed, the future bride’s life was shattered in a car accident. She suffered a devastating brain injury which left her impaired and unable to walk. It took the 24 year-old seventeen days to open her eyes and another seven months to utter a word.

The couple wed seven years and thousands of hours of physical therapy to help the brain injury after their original wedding date. The husband runs often outside while pushing his wife in her wheelchair. This couple’s tale of coping after the brain injury will air Sunday, December 14 at 7pm in Chicago on the Discovery Health Channel.

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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.

A traumatic brain injury advocate that has dedicated her life to helping brain injury victims says that there is not nearly enough help available to these victims. This advocate suffered from a fall that close to 40 years ago that left her in a coma for two weeks and she spent the next 16 years recovering. Using her experience as an example, she talks about how the help for traumatic brain injury victims is lacking. Many people that suffer from these injuries do not realize the severity and try to “shake it off” which can lead to very serious damaging and sometimes permanent effects. Many of these victims become depressed and suicidal and there is not enough help available to them. This traumatic brain injury advocate has written a book about her road to recovery and to try to help out other victims suffering from traumatic brain injuries the care they need in order to get better. For the full story click here.

A Midwestern group has collaborated to celebrate life following traumatic brain injuries. In Minnesota, people meet to recreate with health providers and people with brain injuries. If you are in the area, the next meeting of the Rochester Brain Injury Community Committee is November 6 at noon at the Ability Building Center. This group assists individuals cope after brain injuries.

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A recent study has shown a high rate of traumatic brain injuries among the homeless. Traumatic brain injuries are most often caused by falls, motor vehicle crashes and assaults and result in immediate problems such as confusion and disorientation as well as often resulting in long term injuries such as cognitive and behavioral problems. The article mentions there could be a connection between these long term effects and the victims ending up homeless, because these problems left untreated make it hard to maintain one’s life. It also points out that once the victims are homeless they are more likely to be exposed to more assaults as well as drugs and alcohol which can further the damaging affects of these long term injuries. A possible solution to help this problem is to check for signs of brain injury more thoroughly after accidents and especially in high risk areas, which could hopefully cut down on the number of traumatic brain injury victims that end up homeless. For the full story click here.

The National Institute of Health and the U.S. Department of Veterans Affairs is hosting a two day scientific conference on brain injury entitled “Trauma Spectrum Disorders: The Role of Gender, Race, & Other Socioeconomic Factors.” The brain injury conference will be held at the Natcher Conference Center on the NIH Campus on October 1-2, 2008 from 8am to 5pm each day.

For agenda information and to register, click here.

A nationwide study to understand the nature behind post-traumatic stress disorder has been launched in the U.S. Funded by the Department of Defense Psychological Health/Traumatic Brain Injury Research Program, the study will be a $60 million, five-year, 10-site Clinic consortium. The study will lead to the prevention and treatment of posttraumatic stress disorder and traumatic brain injury. These are two prevalent and poorly understood battlefield-related disorders that affect millions of citizens, both military and civilian.

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A recent study concluded that patients who recover fully from brain injury and head trauma may have to use more of their brains than they did prior to the accident or injury. They use more of their brains to complete the same mental tasks. Traumatic brain injury often results in impaired working memory. In order to compensation, brain injury victims use more of other parts of their brains.

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Often times, people who make full recovery after brain injury continue to report mental fatigue and feeling slightly different. These feelings remain despite good scores on cognitive tests. Imaging experts have shown that persons suffering from brain injury may have to work harder than the brains of healthy people to perform at the same level.

In America, approximately 1.4 million Americans sustain brain injuries yearly. Costs associated with these brain injuries are estimated to amount to $40 billion.

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Injury to the brain is one of the most traumatic and debilitating injuries that a person can experience. A person’s life changes within a matter of seconds when they experience a brain injury. The two most vulnerable groups to brain or spinal cord injuries are drivers and athletes. However, there are specific ways that a person can minimize their threat of brain injury. Drivers are advised to: not multitask, turn off cell phones, wear their seat belt, and drive defensively. Additionally, drivers should not drive under the influence of drugs or alcohol, nor should they drive when fatigued. Athletes can prevent brain injury by wearing protective gear such as a helmet or padding and staying away from high-risk stunts. Athletes should also prepare themselves by knowing what to do if a brain or spinal cord injury should occur. Finally, all individuals should remember to seek medical attention immediately after they suspect a brain or spinal cord injury. To read the full story, click here.

Brain injury may not be the end of the road for some nursing home residents. An upcoming nursing home lawsuit will determine if some brain injured nursing home residents may be able to seek solace in more intimate and communal rehabilitation centers. Brain injuries can result from car accidents, medical malpractice leading to strokes or serious falls. Some brain injured individuals may through the court’s ruling on the Americans with Disabilities Act be able to live in adequate homes and care facilities outside of the nursing home area. To see the full story on a ruling that could individuals over America & possibly one day Chicago, Illinois tort reform. To see the full story click here.

Five years and a number of personal injury lawsuits and wrongful death lawsuits have passed since an apartment porch collapse accident killed 13 people on the city’s north side. Porches are very popular in Chicago, often the focal point of a weekend gathering. Residents should know that there are now only three ways that porches get inspected: by calling 311, during an annual building inspection, and when the porch is constructed. Notably, the porch collapse accident that killed 13 on the city’s north side in 2003 was not detected in five years of annual inspections. Apartment residents who worry that their porch is unsafe and could result in a porch collapse accident should contact the City of Chicago.

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