Chicago Brain Injury Lawyer Blog

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

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

This is clearly a problem that could use some solutions.

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

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

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

See Our Related Blog Posts:

Pediatricians Say Boxing Not Safe for Kids & Teenagers

Former Illinois Athlete Files Brain Injury Lawsuit Against Eastern Illinois University

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

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

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

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

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

See Our Related Blog Posts:

“Judicial Hellhole” Report is a PR Stunt

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

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

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

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

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

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

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

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

Levin & Perconti Recover $975,000 in Wrongful Death Case Resulting from Fall from Balcony

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

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

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

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

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

See Our Related Blog Posts:

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

Levin & Perconti Recover $975,000 in Wrongful Death Case Resulting from Fall from Balcony

A recent editorial in the Spokeman-Review argued for the passage of a proposed piece of federal legislation that would target aiding victims of and preventing youth traumatic brain injuries. These injuries have always been problematic, but our Chicago brain injury attorneys have seen the public awareness of these issues increase over the past few years. This is likely caused by more high-profile stories about systemic instance of these brain injuries arising, such as in youth sports and in young military combatants. In addition, scientists are just now beginning to unlock some of the mysteries of the brain, allowing them to better understand how the harm occurs, when it occurs, and why. In that way injuries that otherwise might never have been identified are now within the understanding of a growing body of medical information of the subject.

With growing public awareness comes more calls for policymakers to take action to help tackle the issues. In Washington D.C. that call for action has taken the form of House Resolution 2600. The bill was spearheaded by the father a now 6-year old victim of shaken-baby syndrome—a problem that is rooted in brain trauma. The bill calls for common sense coordination to better identify ways to prevent and treat brain injury victims. As the proponents note, brain injuries are cumulatively much more damaging than any single disease—affecting 80,000 young American each year, killing 11,000 minors annually.

Yet, for the seriousness of the problem, diagnosis and treatment of the situation has been inconsistent. H.R. 2600 seeks to correct this problem by identifying and disseminating best practice information to be used by health care professionals and involved parents. It is hoped that the spreading of this information will go a long way in bringing uniformity to the treatment and prevention of head trauma in youth.

More specifically, the legislation calls for a seven year timeline to streamline effective diagnostic and treatment practices. Brain injury centers would be set up to coordinate the effort, collect data, and share information. The bill does not mandate a particular course of care for victims but instead it simply works to better identify what actually improves the life of victims and what doesn’t. Under the current plan the funding for the project will be carved out of discretionary funds already given to the Department of Health and Human Services. In that way it is budget neutral. Long-term the program is sought to be transferred to each individual state.

The bill appears to have widespread support among lawmakers. There are current over 100 co-sponsors of the legislation. The list of political supporters crosses all aisles, with some of the more ardent liberals and strident conservatives lining up to stand with those hoping to address the issue. The bill, also known as the National Pediatric Acquired Brain Injury Plan Act is expected to pass both the House and Senate when it is released from committee later next year. Advocates hope that it is ready for a presidential signature as soon as this summer. Each Illinois brain injury lawyer at our firm fully support all common sense measures to help victims of these tragedies, coordinate medical care, and disseminate information which will prevent future victims.

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Family Awarded $4.5 Million Following Birth Injury Lawsuit

Family Receives $1.5M Settlement for Birth Injury/Wrongful Death Lawsuit

US News’s “Health Day” section published a story last Friday on a new study which found even more risks of head injuries among youth, teen, college, and professional football players. Our Chicago brain injury lawyers have repeatedly blogged in the past few months on the growing body of evidence that suggests that the physical head trauma that exists as part of these games poses many more risks that originally assumed. This latest research tries to provide more tailored information, as it specifically looked at stroke injury risks in football players and the various alternative factors that may increase the risk of stroke.

The research was conducted by experts from the Indiana University School of Medicine in Indianapolis. The study was a small one, as it used the case study approach instead of the usual mass data analysis of most efforts in this area. The findings recently appeared in the online version of the Journal of Child Neurology. Researchers examined teen football players who had suffered a stroke. They used their examination to determine which factors related to these players might have increased their likelihood of suffering the injury. Unlike traumatic brain injuries which involve the physical contact to the head of the victim. A stroke is a sudden, internal degenerative condition that may cause significant brain damage.

The research identified a long list of factors that may increase the risk of stroke. These include an increase in hyperventilation, use of anabolic steroids, and use of highly caffeinated drinks. In addition, as previously explained, repeated head trauma (beyond coming with its own problems) can independently increase the risk of stroke. Also, obesity was strongly linked to the strokes. Researchers believe the obesity link was particularly important because obesity heightens the risk of independent stroke factors like high blood pressure (hypertension).

The study’s author noted that of particular concern was the fact that youth football can begin for some children who are only five years old. When that is the case, these players may experience repeated brain injuries over a period of decades. That head trauma quite often comes with significant long-term effects. This is the case even when no single trauma is severe enough to draw much notice from outside observers. Also troubling is the fact that the body-mass index of players continues to increase. This means that the force of the tackles in each game are increasing, which may make brain injury even worse.

Overall, our Illinois brain injury attorneys know that this research is yet another piece of evidence of which all those involved in youth football should take notice. We have already explained repeatedly how repeated traumatic brain injuries, particularly undiagnosed concussions, can have significant effects on players for the rest of their lives. This study adds yet another risk. As if there wasn’t already enough incentive, coaches, administrators, trainers, parents, and other observers must take note of these risk factors and take every reasonable step possible to keep our young players safe. No game is worth a lifetime of brain trouble, particularly when preventative steps can be taken which would eliminate much of the risk.

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Two More Former Football Players File Illinois Concussion Lawsuit Against NCAA

Head Injury Lawsuit Filed on Behalf of Ex-Football Players

Over the past several decades there has been a significant boom in an academic arena often referred to as “Law and Psychology.” Of course the topic includes a vast swath of legal issues all connected to applying new advances in psychology to various parts of the creation and application of laws. For example, many legal scholars, including Chicago legal professor John Bronsteen, are leading the way in advocating for policymakers to make decisions in part based on psychological information about personal well-being and happiness. Many of those scholars had previously discussed the way that psychological knowledge should influence criminal sentencing.

Recently, the “Godfather” of many of the most important 20th century advances in experimental psychology published a new book that explores one way that psychological findings can impact personal injury cases. In his latest tome, “Thinking, Fast and Slow,” Daniel Kahneman explains how the heuristic known as “anchoring” may skew results in certain personal injury damage awards if damage caps are implemented. Brain injury lawsuits would often fall under the damage limits proposed in many states and at the federal level.

The principle of anchoring refers to the fact that when people are asked to quantify something—such as a brain injury damage amount—they are influenced by figures that they are exposed to beforehand. This is true even when those figures have no real connection to the items being quantified. For example, in the classic anchoring experiment, participants are asked two questions in this order:

1. Was John F. Kennedy older or younger than 55 years old when he was assassinated?
2. How old would you guess John F. Kennedy was when he was assassinated?

Half of the study’s participants would be asked an alternative version of the first question where 55 years old was replace with 40 years old. Surveyors always find that what age people guess in the second question is influenced by the form of the first question. In other words, the older the age suggested in question one, the older the guess in question two. On one hand this is logical in that participants might assume that the first question is a “hint” indicating what the actual amount is close to. However, researchers have found that the distorting effect of the first question applied even when it was obviously wrong. For example, even where the first question asked if JFK was older or young than 95 years old, the effects were found. What this means is that when asked to quantify something not necessarily known cold, people are heavily influenced by even arbitrary quantities that they are exposed to.

In Thinking, Kahneman suggests that anchoring may lead to unintended consequences when injury lawsuit damage caps are instituted. He suggests that when juries are told that the cap of any damages cannot be higher than $1 million, then jurors may use that cap as an anchor. In that way, awards that might otherwise be lower are arbitrarily inflated close to that cap amount. Contrary to popular belief, therefore, smaller defendants who might otherwise be forced to pay more modest sums will be adversely affected by the cap.

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Legal Experts Line Up Against H.R. 5

New Website to Voice Opinion on Proposed Federal Laws

The Levin & Perconti team was thrilled this week to learn that the Illinois Medical Malpractice Blog was named the Top Tort blog of the year by LexisNexis! It is a tremendous honor for which we owe thanks to our terrific readers. Thanks to all of your help in the latest online blog, the blog received the most votes and was named the top tort blog of 2011.

We had previously asked for help during the nomination round, when the top twenty five blogs were selected. Following that nomination round, an online poll was established to select the ultimate winner. More information about the contest and links to the other great blogs that were involved can be found at the LexisNexis Litigation Resource Community.

All of our Chicago injury lawyers were humbled to receive the honor, but we are happy that so many readers continue to check out the information available on our blogs. We work hard to provide useful, timely, and interesting information in a wide range of areas for injury victims, other personal injury lawyers, and all other local community members.

Thanks again for your continued support.

The Glen Ellyn Trib Local reported this week on a local community college professor who was honored by an Illinois brain injury group for his work helping head trauma victims in the classroom. As our brain injury attorneys consistently mention on this blog, victims of even minor brain injuries often have subtle but significant effects on their entire life. Those effects frequently involve challenges in retaining new knowledge. When these injuries affect children they often have learning difficulties for the rest of their lives, with untold impact on their future career plans and many other aspects of their life.

The learning challenges faced by these victims often require teachers and instructors to take special steps and engage in innovative techniques to help these individuals succeed educationally. The Illinois Brain Injury Association recently honors a College of DuPage instructor for his efforts in this very area. The professional taught heating, ventilation, air conditioning, and refrigeration classes. He recently retired after thirty years on the job, and this award was in honor of his years of helping those with different learning styles.

One of the man’s students who himself suffered a traumatic brain injury (TBI) nominated the teacher for his work. The student was a former deputy sheriff patrolman was suffered his brain injury in a traffic accident while on duty. He had a long road to recovery and was unable to continue with the sheriff’s department after the accident. The student victim had to spend a year and a half at the hospital and in rehabilitation. As a result, he decided to pursue a career in heating, ventilation, and air conditioning (HVAC). However, following the TBI he faced many educational challenges, and was forced to relearn many basic skills—including walking and talking.

Many brain injury victims are faced with the daunting prospects of finding new careers after their injuries. The problems are made even worse when the victims have families who were counting on them to provide support. In this case the student’s family had a history in the trade industry, and so he decided to pursue an HVAC career. However, he was concerned that his learning challenges would be a problem. Fortunately, the student was fortunate to work with the college professional who was more than understanding.

The teacher understood his unique challenges, adapting certain learning protocols and working with the student hands on to ensure that lessons were carried out in ways that were most beneficial. Thanks to the professor’s help, the student completed his HVAC certificate, and is now working towards his associate’s degree. In fact the student continues work in the class as a lab assistant helping other students with their coursework.

The professor humbly accepted the praise by noting that he felt his adaption to help brain injury victims was part of his job. He noted that there is an increasing need for more innovative teaching methods, as more and more individuals are facing brain injury challenges. The teacher explained that many soldiers returning from active duty have suffered brain injuries and post-traumatic stress disorders which require teachers to account for their specific situations.

See Our Related Blog Posts:

Study Questions Efficacy of Military Brain Injury Treatments

Brain Injury Therapy Available for Iraqi War Veterans

This week Lexis Nexis announced the finalists in the Top 25 Tort Blogs of 2011 contest. Thanks to all of the nominations two of our blogs made the cut and were selected as some of the best legal blogs in the country. Both the Illinois Injury Lawyer Blog and Illinois Medical Malpractice Blog made the list and will now advance to the final round.

Our entire team at Levin & Perconti is proud of the honor. We work hard to ensure that all of our blogs are consistently updated with informative, interesting, and helpful information from our corner of the nation and throughout the country. Consistent online interaction is an important way that we keep abreast of important developments and connect with our community.

Now that our blogs have advanced to the final round, we are asking for you help one last time. For the rest of this week, votes are being collected to winnow down the current list to a single TOP tort blog of the year. Lexis Nexis has created an online poll where searchers can select a single blog with votes being calculated at the end of the week. Before voting you may be prompted to “log in,” BUT you can do so using your Facebook, Google, LinkedIn, or Twitter account. That means that you do not even to fill out new information.

The voting for the contest ends this Friday at Midnight Eastern Time. Please take a second to click this link, and Vote for the Illinois Injury Blog or Illinois Medical Malpractice Blog.

Many thanks for your support and continued readership of all of the Levin & Perconti blogs.

Our Chicago brain injury lawyers know that it is often misleading to categorize legal actions with blanket labels, because those labels often mask the true complexity of many underlying medical problems. For example, an article published recently in Family Practice News discussed the truth about traumatic brain injuries (TBIs). Contrary to the public perception of some, TBIs are not a single problem but actually a catch-all term for a wide range of issues. This important distinction has implications on both the legal issues connected to these injuries as well as the medical treatment options for traumatic brain injury victims.

In the new article the doctor explains that developments in treating many brain injuries has been slow coming, in part, because doctors have been a bit naïve in thinking of the harm as all coming from one disease. He went on to note that, “People have argued that we are treating traumatic brain injury as if we were treating cancer as a single disease. Maybe we need to do classifications.” It is only logical to assume that failing to identify the different types of brain injury would mean that those differences are ignored or downplayed when treatment options are researched. Yet understanding the intricate details unique to each type of brain injury is likely crucial to developing treatment plans that are actually effective.

For example, the author explains how there are various ways for a patient to be identified as having a traumatic brain injury following use of the well-known “Glasgow Coma Scale.” Those possibilities include: diffuse swelling, diffuse axonal injury, epidural hematoma, contusion, subdural hematoma, and subarachnoid or intraventricular hemorrhages. Failure to understand brain injuries in terms of various subgroups may result in underutilization of certain helpful treatment.

The doctor identified one example. In clinical trials conducted as part of the National Acute Brain Injury Study, the benefit of early hypothermia to stop the spread of brain damage was not identified as effective. The cooling of the body was thought to act as a neuroprotectant, stopping the chain reaction of brain damage that often results in tragic injuries than can never be repaired. However, when analyzed by subgroup, it became clear that those patients who had hematomas had clear benefits from the hypothermia. Conversely, those patients with diffuse brain injuries seemed to do worse as a result of the body cooling. Together the results seemed to wash out when brain injuries were examined as the same. Clearly then, failure to understand the distinctions when it comes to these injuries may mean that good treatments are ignored and that actual harmful treatments are not identified.

Each Chicago medical malpractice attorney at our firm understands that these same distinctions may be crucial in determining the appropriate standards of care that should be applicable in all cases where the conduct of medical professionals may be at issue in the case. Treating all brain injuries as if they are the same has very real ramifications of the patients involved and reasonable steps must be taken to ensure that these mistakes in identification do not lead to harm that could have been prevented.

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Walk Draws Crowd to Raise Awareness for Traumatic Brain Injuries

Soldiers Brain Injuries from Blasts in Afghanistan Take A Toll

On this space we often discuss legal cases involving brain injuries, advances in brain injury medicine, and share information about support groups for victims. Yet, our Chicago brain injury lawyers also realize that from time to time it is important to step back and provide basic information about these injuries, how they are treated, and how they come up in a legal context.

What is a Traumatic Brain Injury?

Traumatic brain injury (TBI) refers to all head injuries caused by sudden trauma. That trauma usually results when the head makes a violent collision with another object or the ground. TBIs often arise is sports, slips and falls, auto accidents, and similar events. This form of brain injury should be distinguished from degenerative brain injuries, like those characterized by dementia and Alzheimer’s disease.

TBIs exist along a spectrum of severity, with various consequences and symptoms for victims. Mild TBI leads t headaches, confusion, dizziness, vision problems, fatigue, sleep problems, mental slowness, and similar concerns. These symptoms may only last temporarily. However, more severe TBIs can have significant consequences. Severe TBI symptoms include vomiting, convulsions, unconsciousness, slurred speech, coordination loss, and numbness in the extremities. In all cases, it is absolutely crucial that medical help be sought as quickly as possible. When not treated properly, preventable damage can often worsen and lead to lifelong problems

What are the Available Treatments?

Most TBI treatment is focused on stabilization of the patient. That is because it is often difficult, if not impossible, for the initial brain damage caused by the trauma to be repaired. Oxygen deprivation to the brain is a significant caused of deterioration, and so much treatment focuses on ensuring that there is proper oxygen supply to the brain and body. In addition, blood flow must be returned to the organ with blood pressure properly controlled. In more severe cases, CT scans are performed to specifically understand that state of the victim’s brain. In that way, tailored treatment can be provided depending on the harm. That treatment often includes physical therapy, occupational therapy, speech assistance, psychology, social support, and similar aid.

What are Brain Injury Lawsuits?

When our Chicago injury lawyers refer to brain injury lawsuits, it actually includes a wide range of legal cases. Areas of the law and areas of medicine are not directly aligned, and so there is not always perfect overlap when discussing the legal implications of certain types of harm. In general, these cases are usually rooted in the law of negligence, either caused by misconduct in the community (like a car accident) or in the hospital (medical malpractice). In rare cases a different area of the law may be implicated by a brain injury lawsuit—such as products liability. When a product (including a pharmaceutical drug) causes a brain injury, the legal rules that apply to that situation would be different that those that apply to negligence. At the end of the day, though, all brain injury victims who suspect that their harm may have been prevented had another acted in a more reasonable way should visit with a legal professional to get tailored advice and learn if it is appropriate to seek legal recourse.

Continue reading "Traumatic Brain Injury Basics" »

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

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

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

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

Brain injuries can occur from a large variety of events and may result from an incident where the victim suffers a blow to the head, but also may result from an incident where the victim is injured but the injury is not to the head itself but the overall damage to the victim causes brain damage. Our Chicago brain injury attorneys have helped out victims, and their families, of all types of brain injury receive compensation for these brain injuries when they were caused by the negligence of another. The person causing the injury could have been a doctor that failed to act appropriately given the situation, could be a stranger to the victim that caused an accident in which the victim was injured, could be an employer that allowed conditions to get to a point where the victim was injured on the job, or could be anyone else that acted in a way where their negligence led to the victim’s injury.

One specific type of brain injury is referred to as a traumatic brain injury. This encompasses brain injuries that the victim acquires during their life (not ones they are born with) and refers to those injuries where either an object pierces the skull and enters into the brain, or where the victim’s head strikes or is stricken by an object. According to the National Institute of Neurological Disorders and Stroke’s website, the term traumatic brain injury does not only refer to severe and permanent brain injuries that were caused by a piercing or a striking, but also refers to minor injuries associated with this type of injury.

If you or a loved one suffered an injury to your head and maintained consciousness, or felt that the symptoms were not severe enough to worry about, you may still have suffered a traumatic brain injury. Other symptoms may include headaches, confusions, dizziness, lethargy, memory problems, blurred vision, as well as a range of other similar symptoms. So even if you feel that your injury may not be too severe, if you are experiencing these symptoms it is best to see a doctor to check you out and make sure that you are okay. Often times with traumatic brain injuries the victim will need surgery to remove ruptured blood vessels or bruised brain tissue, so please check with your doctor if you think you may have suffered from a traumatic brain injury.

Often times, a brain injury lawsuit will not only seek damages for the medical expenses that resulted from the incident but will also ask for pain and suffering damages when the victim’s life and lifestyle have been affected in a way where they are no longer able to enjoy life in the same way that they did before the injury. Our Illinois personal injury law firm has helped out victims of traumatic brain injuries, that resulted from another person’s negligence, all over the state of Illinois. Our Illinois brain injury attorneys have seen all types of brain injuries (traumatic and non-traumatic brain injuries) and are here to help you or your loved one receive just compensation for all that you have suffered through as a result of the brain injury.

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" »

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.

The Chicago personal injury attorneys at Levin & Perconti represent individuals and families in cases involving serious brain injuries. Traumatic brain injuries can happen in a number of ways- in automobile accidents, participating in sports activities, through medical malpractice and even in a fall. The Brain Injury Association of America estimates that every year, 1.4 million people sustain traumatic brain injuries. While not all injuries can be avoided, there are steps people can take to protect themselves. For instance, we always recommend defensive driving to prevent car accidents. We also recommend that people wear helmets when participating in sports such as skiing, biking and football. If you believe that a loved one has a suffered a brain injury as a result of someone else’s negligence, please feel free to call Levin & Perconti to speak to a brain injury lawyer.

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

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

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

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

An Illinois man who suffered a traumatic brain injury 17 years ago, recently released book about his experiences. The brain injury survivor is still able to work but must make constant reminders to himself. He titled his book 21 Seconds because someone suffers a traumatic brain injury every 21 seconds in this country. To read more about his daily fight to recover from his brain injury, click here.

A study was done to determine whether high school football players were receiving hits that were more likely to cause head trauma and brain injuries than college players. This study was done in Illinois, at the University of Illinois –Champaign. The study showed that high school tackles cause 10% more G-force to the person, making them more likely to get a concussion. The study believes that the increased G-force is from high school players being smaller and not tackling properly. Almost 6% of high school football players suffer brain injuries and many more brain injuries go unreported. To read the entire article, click here on “Football Causes Many Brain Injuries for High School Athletes”

ABC News correspondent, Bob Woodruff, is back in Iraq after over a three year hiatus. On January 29, 2006, while taping a report, Mr. Woodruff suffered a traumatic brain injury. The brain injury happened as a result of a bomb that struck the convoy that he was riding in. He spent a month in a coma because of the serious brain injury. He is now back on the news covering soldiers who are suffering from traumatic brain injuries. He has also started an aid fund to raise awareness of soldiers who suffer from brain injuries as a result of war. To read more about “After Suffering Brain Injury, TV Journalist Back in Iraq” 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.

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

Last week, the Illinois Department of Veterans’ Affairs’ announced the opening of several Veteran Service Offices across the state. The offices will act as a resource where veterans can access state and federal benefits. Among the most notable of the new services is a Traumatic Brain Injury and Post-Traumatic Stress Disorder program. It is the first state program of its kind in the U.S. and it will provide brain injury screening and 24-hour support to Illinois veterans suffering from these injuries and conditions. Read more about the Illinois brain injury program for veterans.

According to the Centers For Disease Control, each year, 1.4 million people suffer a traumatic brain injury in the U.S. These injuries can occur in such incidents as falls, motor vehicle and assaults. Diagnosing a traumatic brain injury early can help to reduce the risk of serious injury or death. What should you look for? The CDC has identified some signs and symptoms of brain injuries to help people recognize them early. Signs and symptoms may include:

-Persistent head or neck pain
-Trouble remembering and concentrating
-Always feeling tired
-Dizziness and light-headedness
-Nausea
-Ringing in the ear

These are just a few of the symptoms of traumatic brain injury. To read to entire list, visit the brain injury information page on the CDC’s website.

Dr. Liying Zhang, a biomedical engineer and associate professor at WSU, has been awarded over $200,000 from the Department of Defense to develop a computer simulation tool which will help study traumatic brain injuries. Zhang is investigating the effect of blast waves on the brain in an effort to discover more about the causes and effects of mild traumatic brain injuries. Traumatic brain injury has been called the signature injury of the Iraq War. To read more about this new research project, please click here.

An article, published in a Chicago-area paper, reinforces the use of helmets while biking and skiing as a means of preventing traumatic brain injuries. Helmets provide an additional skull, so to speak, thus absorbing the trauma and reducing the likelihood of injuring the brain. Chicago lawyers, Levin & Perconti, deal substantially in the area of traumatic brain injuries and help to provide injured victims the justice they deserve. To read more about this story on the use of helmets, please click here.

The 3RD annual Carnival of Care, hosted by Brain Injury Association of Michigan, is scheduled for this Saturday. This festival is located at St. John’s Armenian Church in Detroit and is free to all those who suffer from Traumatic Brain Injury and their caregivers. The association estimates that nearly 1.4 million Americans suffer Traumatic Brain Injuries annual, which is the leading cause of disability in this country. To read more about this festival, please click here

Stemming from the recent attention talk and die brain injuries have received in light of actress Natasha Richardson’s tragic death, below are some recommendations to consider after someone suffers a head injury. Keep a watchful eye over the victim. Brain injury symptoms can manifest themselves quickly and any change in condition could warrant medical attention. Pay special attention to those injury after drinking. Alcohol consumption thins the blood, which in turn, has the effect of increasing the bleeding dramatically. It is recommended those drinking alcohol or on blood thinners seek medical attention immediately following what appears to be a brain injury. To read more about what do after suffering a head injury, please click here.

In an attempt to fester support and awareness for the increase in traumatic brain injuries nationally and abroad, March is National Brain Injury Awareness Month. With the death of famous actress Natasha Richardson coming earlier last week, much attention has been paid to traumatic brain injuries and the effects they can have people’s lives. If you or someone you know is suffering from a negligently inflicted traumatic brain injury, please contact Levin & Perconti, Illinois Attorneys at Law. To read more about Brain Injury Awareness Month, please click here.

The US Air Force has opened a brain injury clinic on Elmendorf Air Force Base, Anchorage, Alaska. The Department of Defense is estimating that nearly 20% of those who have and will serve in Iraq and Afghanistan will suffer some form of traumatic brain injury. Brain injuries have been called the signature injury of these wars. To read more about this new clinic, please click here.

A Canadian study set to be released this week states that Taser Guns can cause injury to the brain, including seizures. The study notes that many police forces use taser guns as a means of nonlethal force. The study was prompted by the collapse and subsequent suffering of a mild traumatic brain injury by a police officer mistaken “shot” by a taser gun. Taser guns have also been study as to their effect on the cardiac system as well. To read more about this brain injury study, please click here.

A study released from the Georgetown University Medical Center this month notes that a class of drugs used to treat Alzheimer’s disease may combat the long term effects of brain injuries. It is further noted in the study that those suffering from a traumatic brain injury have a 400% increased chance of contracting Alzheimer’s disease. To find an Illinois Lawyer actively litigating brain injury cases, please contact Levin & Perconti. To read more about this brain injury study, please click here.

The Brain Injury Association of American (or BIAA) is a nonprofit organization focused on bringing attention and awareness to those suffering from Traumatic Brain Injuries. BIAA estimates that over 5.3 million Americans live with disabilities caused from traumatic brain injuries. To find a Chicago area Attorney litigating negligent brain injuries, please contact Levin & Perconti. To read more about the BIAA, please click here.

Traumatic brain injuries have been called “the invisible injury” since the physical manifestations of the injury are many times not apparent to independent observers. Most traumatic brain injuries (mild, moderate, or severe) occur when the body is jolted causing the brain to collide with the walls of the skull. Symptoms of said injuries include headaches, fatigue, and seizures. If you or someone you know is suffering from the result of a negligent traumatic brain injury, please contact Illinois Lawyers Levin & Perconti. To read more about the US Army’s efforts to bring attention to brain injuries, please click here.

National brain injury awareness month kicks off amidst the largest spike in traumatic brain injuries recorded in American History. Traumatic brain injuries can occur from concussions suffered during sporting events, car accidents which “rattle” the driver or passenger of the vehicle, or from blunt force trauma to the head or neck. To find a Chicago Lawyer practicing in the area of brain injury litigation, please contact Levin & Perconti. To read more about brain injury awareness month, please click here.

An article published on “Online Degree World” states that people can cause brain damage through not getting enough sleep, smoking, and even cutting out coffee. The article is aimed shedding light on the habits many of us can’t break. To learn more about brain injuries, treatments, and lawsuits stemming from brain injuries, contact Levin & Perconti online. To read this article, please click here.