Chicago Brain Injury Lawyer Blog

$3.1 Million Verdict Awarded to Nursing Home Resident

Fri, 27 Aug 2010 16:53:50 -0600

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

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

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

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

Mother of Motorcycle Accident Victim Pleads for Others to Use Helmets

Tue, 10 Aug 2010 16:39:07 -0600

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.

Sports and Traumatic Brain Injuries

Wed, 21 Jul 2010 14:30:52 -0600

A traumatic brain injury is defined as a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. According to an AANA study utilizing U.S. Consumer Product Safety Commission’s data, there were an estimated 446,788 sports related injuries treated at U.S. hospital emergency rooms in 2009.

A recent study conducted on more than a hundred active and retired football players found that a retired NFL brain seemed to have its own blood flow and activity patterns, indicating that playing professional football causes long-term brain damage. The study consisted of two different types of brain imaging studies. The researchers did brain SPECT scans and QEEG studies to examine the blood flow and activity patterns, as well as the electrical activity of football players’ brains.

The study found that the damage typically affected the prefrontal cortex, the temporal lobes and the cerebellum. The prefrontal cortex is responsible for controlling judgment, impulse control, attention span, organization and planning. The temporal lobes control mood stability and memory, while the cerebellum controls coordination and thought coordination. Forty eight percent of the players who participated in the study also had problems with obesity, while thirty percent were suffering from or had been treated for depression.

The second part of the study looked at whether the brains of the football players that had been damaged by the trauma that goes along with playing football could be rehabilitated. With a brain healthy program, that included both mental and physical exercise and nutritional supplements that help support brain health, the researchers found improvement in cognitive function.

The attorneys at Levin & Perconti are well versed in the complexities of brain injury litigation. Our experienced attorneys are available to discuss your situation and go over the various options available to you. They are also available to work with your insurance companies to resolve the situation quickly and appropriately.

California Teen Receives $12.2 Million Verdict for Traumatic Brain Injury

Wed, 14 Jul 2010 14:09:35 -0600

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

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

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

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

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

Safety Tips for Motorcyclists to Prevent Brain Injuries

Wed, 23 Jun 2010 13:52:16 -0600

In the summer months there are an increased number of motorcycles on the road and with this, the number of injuries and fatalities among riders increases. According to the Insurance Institute for Highway Safety, 40% of motorcyclist deaths in 2008 occurred during June-August, compared to only 9% during December-February. They also reported that helmets are about 37% effective in preventing motorcycle deaths and about 67% effective in preventing brain injuries.

Brain injuries can be life altering and severe. Even if you suffer a minor brain injury such as a concussion, it can render you inoperative for some time. According to Dr. Angela F. Gardner in The New York Times, “Every concussion increases the likelihood that you will have an injury to the brain if another concussion occurs.” In addition, “You don’t have to be going fast to hurt your brain.”

Many states, including Illinois, do not require riders or passengers to wear helmets. However, your chance of survival in a motorcycle accident begins with wearing one. The Illinois Department of Transportation offers additional safety tips on their website. These tips include staying out of trucks blind spots, driving defensively and cautiously, wearing high visibility clothing and performing proper maintenance and safety checks on your motorcycle.

Our Chicago accident attorneys at Levin & Perconti recommend that all motorcyclists wear helmets and remember these safe riding tips to avoid brain injury or death. Riding a motorcycle can be an exhilarating experience, but it is important to take these precautions to ensure your safety.

Brain Injuries linked to Sleep Disorders

Mon, 14 Jun 2010 16:14:22 -0600

People with brain injuries may produce low amounts of melatonin which affect their sleep according to a recent study. The study was published in the May 25, 2010 print issue of Neurology, the medical journal of the American Academy of Neurology. While it has been recognized for years that brain injuries and sleep issues are linked, the exact causes of these problems had not been determined.

The study examined the sleep patterns of 46 people. Half of the participants suffered a severe traumatic brain injury an average of 14 months ago. The other 23 participants were healthy people of the same age. The participants were monitored for two nights at a sleep laboratory. The study showed that healthy people produced more melatonin than the people with brain injuries in the evening hours when melatonin levels are suppose to rise to signal sleep. The study’s author suggests that this is problematic since melatonin is a hormone that regulates biological rhythms, including sleep.

The study also showed that people with brain injuries had other differences in their sleep patterns. The participants with brain injuries spent more time in non-REM sleep than the healthy group. Additionally, the group with brain injuries spent less of their time in bed actually asleep than the healthy participants.

Each year in the United States an estimated 1.4 million people sustain a traumatic brain injury which can disrupt the function of the brain. The leading causes of brain injuries are vehicle accidents and crashes, birth injuries, slips and/or falls and medical malpractice. The attorneys at Levin & Perconti are well educated and experienced in the complex area of brain injury litigation in Illinois. Additionally, the attorneys recognize and understand the large medical expenses and financial obligations that result from a brain injury.

Chicago-Area Teen Who Died from Brain Injury Gives Others Hope

Mon, 07 Jun 2010 12:40:09 -0600

The Chicago Sun-Times is reporting that a Chicago-area teen who died after suffering a serious brain injury in a Chicago Heights car accident last week has helped to save the lives of others. The teen's family donated her organs, giving hope to others who are suffering from serious medical conditions. According to the article, the 16-year-old was involved in a serious car crash while riding as a passenger in her boyfriend's truck on May 31. A report from the Sun-Times from June 1 notes that there was a sudden downpour while they were driving in unincorporated Cook County. This report notes that the victim's boyfriend's truck fishtailed and hydroplaned as a result of the downpour, eventually moving into oncoming traffic where it was hit by another car. The girl was hospitalized in critical condition for a week before she passed away from her brain injury.

According to the CDC, over 1.7 million people suffer a brain injury each year and of these incidents, 52,000 people die from their injury. Traumatic brain injuries are most commonly caused in vehicle accidents, falls or in sports when a sudden impact or severe blow to one's head occurs. The CDC also notes that car and trucking accidents are the leading cause of brain injury deaths. Brain trauma ranges in severity, but can often cause physical and cognitive deficits and victims often must endure lifelong medical treatment. To learn more about the rate and causes of traumatic brain injury, click on the link.

Product Recalled After Child Suffers Serious Brain Injury

Fri, 21 May 2010 09:28:43 -0600

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

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

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

College Football Player Dies From Brain Injury

Wed, 12 May 2010 14:18:36 -0600

According to a report on the Missoulian's website, a college football player has died after suffering a traumatic brain injury during a scrimmage over the weekend. The article notes that during play, the 21-year-old was hit in the head after tackling a teammate in one of the last plays of the game. Shortly after, he began vomitting and seizing on the sideline, both signs of a concussion. Trainers immediately called 911 and he went to a local hospital but was soon taken by medical helicopter to another medical center.

The young man was diagnosed with an acute subdural hematoma as a result of the blow to the head. According to the Medline, this condition occurs when blood collects on the surface of the brain and usually occurs after serious head trauma. The bleeding creates pressure on the brain and calls for immediate treatment to relieve intracranial pressure, such a crainotomy. In this victim's case, the pressure caused severe and irreversible brain damage and he died one day later.

Sports injuries are one of the biggest contributors to serious brain injuries. Over the past year, the issue of head injuries among football players has been prevalent in the media and according to Boston.com, the NFL recently announced that it will fund research at Boston University to study the effects and prevention of repetitive brain injuries in football players. For any athlete, whether biking, skiiing or playing football, it is important to wear the proper protective head gear to reduce the risk of head injuries. Unfortunately, due to the nature of these sports, injuries may still occur even when precautions are taken. To learn more about this tragic death due to brain injury, follow the link.

Illinois Researcher’s Brain Implant Creates Hope for People Suffering From Brain Trauma

Mon, 26 Apr 2010 10:33:11 -0600

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.

Chicago Woman Receives $3 Million Settlement for Traumatic Brain Injury

Fri, 23 Apr 2010 09:26:32 -0600

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

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

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

Taser Stun Guns Can Lead to Brain Damage

Tue, 06 Apr 2010 10:37:00 -0600

A new lawsuit highlights the dangers of using Taser stun guns. According to aboutlawsuits.com, a California man recently filed suit against Taser International after suffering serious brain damage when police used a Taser stun gun on him. The Taser stun gun, an electric control device, caused abnormal heart rhythms and cardiac arrest. The man was resuscitated, but he suffered brain damage and permanent disabilities as a result of the Taser stun gun. Taser International claims Taser stun guns are safe and do not pose risks for fatal or permanent injury. However, the company issued a warning to police officers telling them to avoid shooting people in the chest because it could result in cardiac arrest. The trial is to begin in August.

The American Heart Association describes how this man’s injury resulted. The organization explains that severe brain damage and permanent death begin to occur just 4 to 6 minutes after someone experiences cardiac arrest. Cardiac arrest can be reversed if treatment occurs quickly. However, the person’s chances of survival decrease 7 to 10 percent for every minute spent without performing CPR or defibrillation. The American Heart Association notes that during the first 10 months after automated external defibrillators were installed in Chicago airports, 64 percent of people suffering a Chicago cardiac arrest incident in the airports were revived with no resulting brain damage.

Similar to the Taser stun gun lawsuit, our Chicago brain injury attorneys have experience representing clients who suffer cardiac arrest as a result of someone else’s negligence. For example, we reached a $1.1 million settlement against a village, its paramedics and a hospital because their failure to timely transport a man to the hospital and provide resuscitative measures resulted in the man suffering cardiac arrest. If you or a family member have suffered cardiac arrest or brain damage and believe someone is at fault, call our Illinois brain injury lawyers because you may be entitled to recovery.

Bicycle Safety Prevents Serious Head Injury

Fri, 26 Mar 2010 08:16:14 -0600

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

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

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

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

CDC Releases Traumatic Brain Injury Report

Thu, 18 Mar 2010 09:10:32 -0600

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

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

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

Child Suffers Permanent Brain Injury When Trunk Lid Collapses

Mon, 08 Mar 2010 17:01:19 -0600

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

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

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