Chicago Brain Injury Lawyer Blog

Do Even Minor Traumatic Brain Injuries Impair Learning Ability?

Fri, 18 May 2012 07:52:23 -0600

The Daily Rx took a look this week at the long-term consequences of traumatic brain injuries on young adults—particularly the damage caused by concussions in sports. This is certainly a hot topic these days as parents, coaches, trainers, athletic directors, and other involved parties seek to ensure that they are not placing young players in more dangerous situations than they initially suspect. Each Illinois brain injury lawyer at our firm understands the underappreciated consequences of even minor head trauma.

The new story explores a recent study that examined the long-term learning ability of players who experience concussions.

The research was conducted by a doctor of the Geisel School of Medicine at Dartmouth. It involved following 214 NCAA Division I college athletes. The participants were athletes in the contact sports most closely associated with these injuries: football and ice hockey. Those athletes were then compared to athletes in non-contact sports to get a proper gauge on the actual long-term effect of participation in these physical sports. As part of the research effort the contact players worse special helmets that included data recordation devices to measure the “acceleration-time history of the head following impact.”

All participants—those in contact and non-contact sports—were measured before and after the effort with a cognitive screening battery test and a separate neuropsychological test battery. Together these tools are helpful ways to get an idea of the brain’s workings, speed, and accuracy on basic measures.

Our Chicago brain injury attorneys appreciate that one of the most interesting aspects of this research is that all those players in the study who suffered an actual concussion were disqualified from consideration. In other words, the entire focus of this effort was on the minor head contact that doesn’t rise to the level of a concussion.

What were the findings?

The short answer is that the findings were mixed. On one hand the cognitive difference between each group was nonexistent—there was no noticeable detriment for the contact athletes.

But the doctor leading the effort noted that they “did find that a higher percentage of the contact sport athletes had lower scores than would have been predicted after the season on a measure of new learning than the non-contact sport athletes.

What does that mean?

It is hard to parse out exactly what the long-term harmful effects might be. There may be more detail available when the study is published in the next issue of the American Academy of Neurology. Essentially though, it seems that the finding suggest that there is no noticeable difference in most cognitive measures between those who play contact sports and non-contact sports. The only variable where there is a difference is on measures that seek to determine ability to learn new things. The article did not explain the size of the difference. However, the fact that there was any statistically significant difference at all is alarming.

Of course, each brain injury lawyer at our firm knows that it is important not to forget that these differences refer only to those who played contact sports and did not suffer a concussion. The consequences for those who actually suffer a concussion are clearly more far-reaching.

See Our Related Blog Posts:

Public Waking Up to Cost, Severity, and Frequency of Traumatic Brain Injuries

Traumatic Brain Injury Initiative Announced by First Lady Obama

Bret Michaels Settles Brain Injury Lawsuit Against Organizers of Tony Awards

Thu, 17 May 2012 06:00:24 -0600

Our Illinois brain injury attorneys have often shared the myriad of ways that traumatic brain injuries strike which can be connected to the negligence of another. A lawsuit filed by well-known 80s rocker and reality star Bret Michaels highlights one of those ways.

According to a report by NBC Chicago, the rocker was at the Tony Awards show—the annual Broadway honors—when he was hit in the head by a piece of stage equipment. The incident was actually aired—becoming a viral online video. As evident in the video, the set piece hit the musician as he was leaving the stage following his band’s performance as part of the show. The injury did not at first seem as severe as it eventually became, leaving the signer with a lip injury and a broken nose. However, as often happens in accidents involving head trauma—the actual injury was more severe than initially suspected.

In Michaels case, the documents filed with the court which initiated the lawsuit suggests that the injury also caused bleeding on the brain. He was hospitalized the following year, with doctors finding that he had a brain hemorrhage. He eventually suffered a stroke. The accident almost killed him.

Fortunately the signer was able to pull through, but not without going to a lengthy ordeal. He eventually filed a brain injury lawsuit against the organizers of the Tony Awards for their role in the event which led to the stage accident. CBS Broadcasting was also named in the suit. The singer claimed that he was not warned that there would be a set change, meaning that he was not prepared to avoid the accident which ended up causing him such severe injuries.

This week the case was finally settled out of court. The suit had originally been filed in March of 2010. After a few jurisdictional issues and a mediation session, the parties reached consensus on a resolution. No individual details were provided about the agreement other than that it was amicable.

There were issues in this case about the proper amount of compensation, because the singer claimed that the injury hampered his ability to perform future shows. In general negligence lawsuits seek to compensate victims for all of the harm caused—including lost future wages. However, there is often contention on the specific amount of that future compensation. The disagreement might be particularly strong in cases like this one with very flexible future earnings figures.

This case is a testament to the often hidden, dormant nature of many brain injuries. Each Illinois brain injury lawyer at our firm appreciates that many residents have head injuries strike seemingly without any long-term injury. The injury instead does not surface until much later. Many residents never actually make the connection between the original incident and the injury. The only way to truly protect against this is to seek out proper medical treatment whenever one is in an accident with head trauma. Little is lost by being cautious with these sorts of injuries.

See Our Related Blog Posts:

New Brain Steps Program Targets Reintegration for Children with Brain Injuries

Virtual Brain Injury Support Group Allows Therapy From Home

The Problem with “Early Offer” Legislation

Tue, 15 May 2012 06:00:24 -0600

Tort reform efforts take many forms. However, our Illinois brain lawyers know that many people associate “damage cap” laws as synonymous with tort reform. That is because more focus has been given to those particular caps than to any other tort reform effort. However, it is important for local residents to know that there are many other issues that might affect the ability of private citizens to access the civil justice system. Most of those efforts have one general goal: making it harder for community members to actually hold others fully accountable for the consequences of their negligent, reckless, and intentional misconduct.

For example, one popular new tort reform measure is often referred to as “Early Offer” legislation. When tort reform supporters discuss this concept they usually talk generally about trying to make the resolution of medical malpractice claims simpler. What the proponents of the bill generally do not want people to do is look at the actual details of the proposal, because, as usual, “the devil is in the details.”

Our Chicago brain injury lawyers recently read the testimony of Joanne Doroshow at a state committee hearing considering the proposal. Doroshow is the executive director of the Center for Justice and Democracy. She explained that the proposal would take away victim’s rights in a manner that “is so dismissive of constitutional rights and potentially calamitous for injured patients.”

She continued that the early offer legislation “[F]louts the basic notions of fairness. It would tilt the legal playing field so dramatically in favor of insurers as to essentially eviscerate patients’ right to adequate compensation.”

So what is the problem with the legislation?

The main issue is that the law essentially tries to get patients to “sign into” the early offer system without any real idea about what their long-term injuries might be, usually without having any real opportunity to discuss the ramifications of their conduct with their legal professionals.

Once in this system, the patients will be faced with a string of conflicts, at their own disadvantage. The medical-defendant is able to select doctors to evaluate damages with serious complications for families trying to get future medical expenses covered. In addition, by entering the system the patients give up all rights to non-economic damages.

Every way you look at it, the law attempts to coerce unknowing patients into signing away their own rights.

Brain injury lawyers of all stripe—all lawyers, in fact—understand that a bedrock principle of the legal system is a commitment to fairness. Part of that commitment involves not creating systems that will knowingly coerce certain individuals into making decisions against their interests. It is not enough to say that technically those involved can opt out of the system, particularly when the system sets up a system with trusted individuals applying pressure on those individuals to act against their own interests. The law can be complicated. These types of laws try to take advantage of that complication by getting patients to unknowingly act in ways that are often not in their best interests.

All lawyers, on both sides, should know that these tactics are inherently unethical. They should never be enshrined in law.

See Our Related Blog Posts:

Public Waking Up to Cost, Severity, and Frequency of Traumatic Brain Injuries

Traumatic Brain Injury Initiative Announced by First Lady Obama

Large Verdict in Brain Injury Cases Highlight Long-term Consequences of Injuries

Sun, 13 May 2012 06:06:26 -0600

Each Chicago brain injury lawyer at our firm knows that verdicts in these cases are sometimes significant. Depending on the scope of the harm, the effects on the individual’s life, and many outside variables, the final verdict is often staggering. The amount always seems particularly large when delivered at the end of a case because it seeks to account for the consequences of the harm over the course of a lifetime in a single amount. That means that younger victims sometimes lead to higher verdicts, because the actual consequences will last for decades.

That was likely the case in a new brain injury case involving a birth injury on a newborn. The trial in the case recently ended with the jury reaching a large verdict for the plaintiff.

The Pott’s Mercury recently summarized the situation. According to the story the mother of the child in the case went to the hospital a few weeks before her due date. Medical records indicate that she was showing signs of placental abruption. This occurs when the placenta—which provides nutrients to the child—leaves the uterine wall. Of course, a fetus in the womb must have those nutrients; when there is a problem with the placenta, the consequences for the child can be life-threatening. That necessitates quick action on the part of medical professionals when dealing with the matter.

In this case, before taking any steps, the woman’s doctor performed an ultrasound. However, when performing the ultrasound the doctor did not detect a fetal heartbeat. That led him to conclude that the child was not alive. He even told the mother that the child had died.

In reality that child was still alive, but the ultrasound machine itself or the administration of the test was faulty, leading to the mistaken reading. The consequences for the child were severe. It wasn’t until over eighty minutes later—after an ultrasound technician uncovered the error—that emergency steps were taken and the child was born. But the baby did not survive unscathed from that significant delay. He was born with severe spastic quadriplegia cerebral palsy. He will require costly and significant care throughout his life.

In addition to the ultrasound equipment issues, part of the problem was hospital negligence. Attorneys during the case argued that it was unacceptable for the facility to not have an ultrasound technician in the hospital at the time needed. This added to the delay and contributed to the underlying harm the resulted.

The family contacted a medical malpractice lawyer and filed a brain injury lawsuit. The jury in the case was presented all of the evidence about the ultrasound equipment, the doctor’s conduct, and all possible defenses presented by the hospital and medical professional. After weighing all of that the jury returned a verdict for the plaintiff. Specifically, the jury felt that the overall conduct and harm necessitated a verdict for $78.5 million dollars.

Of course, the size of this verdict will undoubtedly be taken out of context and used as a rallying cry by some to try to pass legislation that takes away the rights of all plaintiffs using the civil justice system. Hopefully that tendency can be avoided.

See Our Related Blog Posts:

Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

Are Insurance Companies Looking Out For Their Own Interests?

Fri, 11 May 2012 06:00:47 -0600

The Illinois brain injury lawyers at our firm have helped residents hurt in many different kinds of accidents. Premise liability law is implicated when the accident occurred after a slip and fall on someone else’s property. Basic tort and negligence law is at the heart of auto accident cases where residents suffer a traumatic brain injury after a collision. Medical malpractice is involved when doctors, nurses, or other medical teams make mistakes that lead to the brain damage. However, in all of these cases there is one commonality in the legal case; the presence of insurance companies.

The insurance world is at the heart of the civil justice system, because most actual payment following these injuries are made by these companies. This shouldn’t be too big a surprise, because that is the whole point of insurance, to provide payment to those who suffer serious harm unexpectedly. That is exactly why it is the insurance companies who are at the forefront of so-called “tort reform” efforts. These companies want to pay out at as little as possible. Not satisfied simply defending lawsuits where they feel appropriate and making payments based on the decision of the jury, these companies want to stack the deck and simply make it impossible for the jury to reach certain decisions at all.

Unfortunately, however, our Chicago brain injury attorneys know that this insurance involvement can lead to a wide range of problems, often inhibiting a basic sense of fairness—as tort reform efforts suggest.

An underlying problem, according to a new story on the insurance industry in The Atlantic, is these companies have completely lost touch with the whole purpose of the effort. In the past, the whole point of insurance was a community-wide effort, coming together to leverage the resources of everyone in order to provide security for everyone. In the past, it involved mutual benefit for all involved. Everyone made small payments. Payouts were made when any participant faced harm per the terms of the agreement, and when profits were made they were equally distributed to those same individuals.

That model is not quite still around.

That is because, as our Illinois brain injury attorneys know well, the insurance industry has become a major corporate powerhouse. Instead of a community-effort to help all those involved, the focus is on maximizing profits. This has change has also shifting considerable power to the few executives in charge of these companies. Not surprisingly they make rules that handsomely reward themselves. The current CEO of Liberty Mutual, for example, made more than $200 million to himself in compensation over the past four years alone.

The article argues that as the idea of a mutual pooling of resources changed into a profit-making corporate entity, so too changed the company’s former commitment to improving the overall public welfare. In the past, the insurance was owned by those who had an actual stake in the assets. In that way, all had personal incentive to limit payouts by improving on a wide-range of safety changes that they themselves also benefitted from. However that has changed. The article sums up the current situation: “Insurance returned to the business of selling policies to people who had no stake in the assets on which they wagered. Even worse, although the gains accrued to private individuals, the public remained on the hook for any failures.”

See Our Related Blog Posts:

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

Respected National Think Tank Criticizes Damage Caps

Woman Explains Consequences of Traumatic Brain Injury

Thu, 10 May 2012 06:00:11 -0600

When discussing Illinois traumatic brain injuries most focus is around the medical advances related to preventing and treating the consequences of the harm. In addition, we often mention the legal issues that sometime are at play with those who suffer these injuries. Traumatic brain injuries are often caused by negligent conduct. Whenever negligence is at play, the law often allows those hurt an avenue to seek redress for their losses in an attempt to make them as “whole” as possible after the injury.

But beyond the medical and legal discussions, it is crucial not to forget that traumatic brain injuries have very real day-to-day consequences on individual families and their communities. The real-life effects of these injuries were the subject of a recent article in the Rocklin & Roseville Today. The article shared the story of one woman in that area who fell victim to one of these injuries. The fifty-four year old woman was walking in a crosswalk to get across a street. She was only a few steps from the sidewalk when a large van came upon her. The driver of the van did not see her and so the van slammed into her body.

She suffered a serious brain injury. The consequences were severe. The woman explains that she and her husband own a family farm. Before the accident the woman was counted on to do a wide range of tasks to keep the farm going, from managing the hog born and driving a tractor to doing the family income taxes.

But that all changed after the accident. She notes that she “couldn’t drive a tractor. It just would have taken too much concentration since you have to use both feet. So my husband ended up having to sell his cows and get a (second) job. I wasn’t able to help him farm anymore. So what was he going to do?” Our Chicago brain injury attorneys know that many families in our area have had their work and financial situations turned upside down as a result of injuries like this which happen the blink of an eye—often via car accidents.

The family in this case had three children: two teenagers and six year old boy at the time of the accident. As a result of the injury the children’s lives were also turned around. They were forced to take on much more responsibility. Housework, for example, needed to be done even though the woman couldn’t do many of the tasks herself.

The community as a whole was also affected. The woman had founded a free tax counseling services for the elderly and those with low incomes. However, she could no longer do the necessary volunteer work after the injury. She even had to stop her active role in the local PTA because of the consequences of the TBI.

If you or a loved one has suffered a traumatic brain injury in a car accident or any other incident, please remember that help is available. In certain circumstances legal actions might be appropriate to ensure that resources are available to help ensure recover occurs as quickly and fully as possible.

See Our Related Blog Posts:

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The Civil Justice System: Fairness for Brain Injury Victims

Wed, 09 May 2012 06:00:23 -0600

Our Chicago brain injury lawyers are proud to work within the civil justice system in our area to help those who have been hurt in a wide range of ways by the misconduct of others. Traumatic brain injuries occur in many ways which should have been prevented had others acted reasonably. Car drivers fail to follow basic road safety rules and get in accidents that hurt others. Property owners fail to keep their premises safe, leading others to unsuspectingly fall and suffer serious injury. Medical care providers often make egregious errors that severely harm the patients who were relying on them.

In each of these cases, those hurt (or their families if an individual is killed) are constitutionally able to seek redress for the loss and hold the wrongdoer accountable. This is true no matter how big or powerful the defendant might be. The biggest companies are not immune from having individual citizens force them to account for consequences of their actions. You can be sure that those companies would pay little heed to individual complaints if the law were any different.

Therefore it is probably no surprise that those big interests are fronting many efforts to change the civil justice system to take away rights from everyday consumers. That was the message in a new article published in the State Journal-Register by Jerry Latherow, the President of the Illinois Trial Lawyers Association. Attorney Latherow explains how the need to have accountability mechanisms is re-affirmed every day as “headlines are dominated with examples of corporations letting profits trump basic consumer protections: massive car recalls, food recalls, serious safety issues with prescription and over-the-counter drugs and financial institutions in trouble.”

Each Illinois brain injury lawyers at our firm appreciates that those trying to change the civil justice system often argue that fixing these issues should fall on federal regulatory agencies. However, that has zero effects on those actually hurt by the misconduct. Beyond that, history has revealed repeatedly that public regulatory agencies are woefully understaffed and underfunded. They simply cannot ensure that most major industries act appropriately all of the time.

That is why it falls on private citizens and the civil justice to ensure that the drive for profits by big corporations does not lead to undue harm to others. Unfortunately, because of the very nature of the business world, without outside checks, the entities often skew dangerously toward maximization of profits, even when it hurts consumers. When there is no accountability for the harm caused, then those industries will undoubtedly continue to act in whatever ways bring the most profits, with more and more innocent consumers hurt in the process.

The civil justice system acts at that check. Contrary to some misleading arguments made by those trying to pass tort reform laws, there is not an epidemic of lawsuits filed by private citizens against businesses. In reality the vast majority of suits are businesses suing one another. Far from the picture painted by some, lawsuits are not filed at random without merit. Instead, the system is simply a vital tool that helps those hurt and ensures other harms are prevented.

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Child Brain Injury Lawsuit Ends with Verdict for Plaintiff

Tue, 08 May 2012 06:00:25 -0600

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

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

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

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

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

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

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Other Issues related to NFL Head Injuries

Mon, 07 May 2012 11:24:24 -0600

News about football-related traumatic brain injuries has continued unabated over the past few days. The suicide death of former star Junio Seau made headlines as many have speculated that the incident was caused in part by a brain injury. Seau shot himself in the chest, and his family has said that they would donate his brain to science to understand whether he did have an injury.

Seau’s death is just the latest in a string of issues related to brain injuries in players and what the league was doing to keep players safe. Of course, the game includes some inherent risks. However, the legal issues related to the pending lawsuit against the NFL center on what the league could have done to warn players and limit risks. There has been much criticism about the ways that the league and certain teams have handled the issue.

Those criticisms were likely at play in the very harsh penalties recently doled out by the league against a team—the New Orleans Saints—for a “bounty program”. According to reports the team, including some coaches and players, had an internal program where cash rewards were given to players for knocking opponents out of the game with injuries. This program apparently was in place from 2009-2011. The head coach of the team has been suspended for a year, another coach has been suspended indefinitely, and several players have also faced severe penalties.

As a recent Chicago Tribune article explained, “the bounty scandal is a black eye for a league that has been focusing on player safety as they face lawsuits from hundreds of former players who suffered concussions.”

Of course, our Chicago brain injury lawyers, appreciate that having a program in place on a team specifically rewarding players for physically hurting other players goes beyond any reasonable bounds. There is no justification for seeking financial reward for serious injuries. That sort of conduct cannot be part of the game. Considering the information that is coming out about the long-term risks of all football injuries caused by traumatic hits, it is simply unacceptable for this sort of conduct to be tolerated at any level.

While most local residents will not play in the NFL themselves or even have loved ones one a professional team, many local families have young athletes on football fields every year, often in school-related sports activities. The same basic issues of safety and protection apply in those settings as they do at the professional level. Coaches, administrators, athlete trainers, and others involved in these situations have to take basic steps to keep student-athletes safe in games and practices. That includes recognizing potential injuries when they occur and ensuring proper treatment and rest are received. Failure in this regard could be a sign of negligence that leads to significant harm to the players involved.

If you or a loved one may have been injured because of the misconduct of others, it is crucial families involved learn about their legal options. Sometimes that is the only way to ensure the injured athlete will have access to the long-term care or treatment options necessary to fully recover.

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Child Brain Abnormalities May Be Linked to Pesticide Exposure in the Womb

Sun, 06 May 2012 06:00:07 -0600

Brain injuries that affect children are particularly damaging, because they often dictate certain aspects of the rest of the child’s life. Like everyone else, babies and young children are capable of suffering a traumatic brain injury in car accidents, falls, and similar incidents. In addition, newborns also face brain injuries as a result of problems during their mother’s pregnancy and delivery.

When injuries arise during labor it can sometimes be caused by mistakes made by medical professionals. In many other cases the brain injury develops well before the delivery, while the child is growing inside the mother’s womb. However, that doesn’t necessarily mean that the harm was not preventable. That is because we now know a great deal about how certain actions and exposures for a mother during pregnancy affect the child’s development. Each Chicago brain injury lawyer at our firm knows that as information about risks of conduct and exposure is uncovered, those in a position to lessen the harm should take reasonable steps to do so.

For example, last week Business Week wrote about a new study that seemed to conclusively show that exposure to a pesticide chemical known as chlorpyrifos led to developmental brain injuries in children in utero. The research was published online in the Proceedings of the National Academy of Sciences.

The research effort involved taking MRI scans of children whose mothers had been exposed to increased levels of the chemical. What the researchers found was that the children who had been exposed were more likely to have certain brain abnormalities when compared with children whose mothers were not exposed. The brain abnormalities were found in various parts of the children’s brain, including areas related to language, attention, emotions, and reward systems.

The researchers are not yet sure if certain treatments can be provided to help those children who were over-exposed. However, considered some of the issues are structural changes in the brain, reversing any of the abnormalities is unlikely. In any event, the Illinois brain injury lawyers at our firm appreciate that this sort of research is yet another reminder of the need to be aware of these types of exposures and their related risks.

The particular chemical at issue is used in a Dow Chemcial Company pesticide known as Dursban. The pesticide has not been allowed in residential areas for ten years. However, it is still in use in certain rural, agricultural areas. Mothers living in those locations may still be affected by the exposure. That being the case, mothers who suspect that this might be an issue should take steps to ensure that their exposure is limited as much as possible during the pregnancy.

For their part, a representative from Dow admitted that the study breaks new ground. However, they dispute that any conclusively findings can be taken from the research. They suggest that testing on animals exposed to far higher levels of the chemical showed no adverse affects, and so the consequences for the children might be connected to some outside, unknown variable.

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Brain Injury Expert Calls for Continued Research & Treatment Efforts

Sat, 05 May 2012 06:00:25 -0600

NC Times profiled a medical researcher—and former soldier—who is calling for stepped up efforts to develop real treatments that might help soldiers who experience brain injuries on the battlefield. The researcher, Kevin “Kit” Parker, was in charge of a group at Harvard that recently published new information about how certain battlefield blasts can lead to traumatic brain injuries. The new information was warmly welcomed by many in the scientific community. However, the wide coverage notwithstanding, the researcher has been disappointed that the findings have not been more vigorously used by those in a position to turn the information into treatments.

Specifically, the professor noted that no drug companies have been interested in taking the research to create new battlefield treatments. As our Chicago brain injury lawyers have often covered on this blog, blasts in Iraq and Afghanistan have affected tens of thousands of soldiers. Brain injuries are known as the “trademark” injury for both wars. The U.S. Department of Defense has stated that over 220,000 soldiers have experienced traumatic brain injuries since the two wars began over a decade ago. These injuries are particularly insidious because they are hard to detect and many victims may never fully understand the consequences of the injury. That is because they cannot be seen from the outside. The soldiers who suffer a TBI often have a perfectly intact body.

Considering the scope and severity of the problem, coming up with better diagnostic, treatment, and prevention measures is crucial.

The researcher profiled in this story wanted to learn more about exactly how the injuries were sustained. To do so his team built a simulator that can deliver an exact amount of force into the nerve cells of test rats. The impact was observed microscopically. In this way, the experiment allowed researchers to actually watch the shock wave travel through the brain cells and cause damage. They saw how the force led to swelling and other damage to certain parts of the cell—like the dendrites and axons. These are structures involved in communication between cells in the brain.

The study allowed researchers to identify that the damaging wave seemed to travel along structures known as “integrins.” These are protein strings which act as a pathway in certain cells.

However, even more encouragingly, researchers found that administration of a drug called Rho-kinase after the blast was particularly helpful in reducing the overall amount of injury sustained. Down the road this information could have very real effects on battlefield first aid. Providing this immediate drug after a bomb blast, for example, might prevent widespread brain cell damage that might one day manifest in any number of brain problems—like Alzheimer’s.

Our Chicago brain injury lawyers appreciate the scope of the findings and the possibility to save much suffering. However, more needs to fall in place for that to actually work. For one thing, the doctor hasn’t had much luck getting drug companies interested in the product. He suggest that more information about traumatic brain injuries generally must be uncovered before the companies will likely invest the resources and time necessary to make the treatment possible.

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Lessons from Traumatic Brain Injuries

Fri, 04 May 2012 06:00:20 -0600

It is hard to image any good things that come out of serious traumatic brain injuries. Each Illinois brain injury lawyer at our firm has worked with many local families who have faced significant hardship as a result of these injuries. Virtually no TBI victim would likely turn down the chance to go back in time and prevent the accident or error that lead to their injury. However, it is sometimes helpful to highlight situations where individuals try to make the most of their situation. There are families, throughout the country and in our area, who strive to not only recover as much as possible but to use the tragedy as an opportunity to grow and improve.

For example, NPR shared a story this week on one man’s quest to use his brain injury was a way to be kinder than he was before the accident. In his case, the man was riding alone on a stretch of highway in California four years ago when he suddenly hit some grout on the road. The incident threw him off the bike in a serious accident. He was wearing a full helmet at the time, but those sorts of safety objects cannot offer full protection in the face of the forces involved in those accidents. He suffered a traumatic brain injury.

The injury was severe. He was ultimately in a coma for six-weeks. His wife explains the arduous recovery process. She noted that he was unable to do virtually anything for himself for more than seven months. He needed assistance with everything, and was unable to walk or talk. Fortunately the man eventually began to improve.

Yet, improvement is not the same as returning exactly to what one was before an injury. The man in this case admits that he didn’t feel like he was improving fast enough. He said, “My mind, I feel, is so damaged. It’s kind of made my life very hard to live, really.”

The stress of living through the recovery process once drove the man to attempt suicide. He explains that in one particularly depressive state, while thinking about all of his life that he had lost, he took a drug overdose. Fortunately, his wife found him in time, took him to the hospital and saved his life.

Since that time, however, the man and this wife admit that things are improving, and they are using the tragedies as incentives to work on other parts of their life. For one thing, the TBI victim suggests that he is much kinder now than he was before. Once know for a sarcastic wit that sometime bit hard, he is much nicer to those around him.

His wife also explains that he is more open now than beforehand. Talking about the improved relationship with his nieces before the accident he explained, “All kids bugged me before the accident, that’s the weird thing. I wouldn’t even invite people to our house because they have kids […] And now I love my nieces, I love those girls.

Our Chicago brain injury lawyers understand that these struggles are shared by many who suffer a TBI. Changes in one’s life in the aftermath are often significant, favorite activities often can no longer be performed. It is not uncommon for victims to experience significant depression afterward. All those in that situation should remember that help is available.

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Junior Seau Death May Be Linked to NFL Brain Injury

Thu, 03 May 2012 09:58:58 -0600

Each Chicago brain injury lawyer at our firm was saddened to hear yesterday about the death of well-known former football player Junior Seau. Seau was widely considered one of the best linebackers to ever play the game. Those familiar with the sport know that linebackers take (and give) some of the toughest, repeated hits while on the field. The helmet and head contact involved in tackling is significant, and linebackers’ main job is to make those tackles. Over the course of a long NFL career—and a lifetime of football playing generally—the overall toll of those hits is likely severe.

Those basic head injury concerns are being widely discussed following Seau’s death, because many suspect his playing days—and the brain injury that might have resulted—was the cause of his death. Officially, initial reports suggest that his death was a suicide. He was found yesterday with a gunshot wound in the chest. The manner of death was eerily similar to the suicide of former Chicago Bear great Dave Duerson. Duerson similarly died from a self-inflicted shot through the chest. He left a note specifically indicating that he wanted his brain donated to science to help the research into the long-term consequences of brain injuries. It is unclear if Seau made any recent requests, but a family friend said that he heard Seau say that he wanted his brain donated in the past.

A recent story on the tragedy from 10 News talked about the observations of some experts in the field. A doctor who has spent considerable time studying NFL brain injuries said that he had few doubts that Seau’s passing was linked to brain injuries that he likely developed over his playing career. A previous study on these injuries out of Boston University found that at least 20 former NFL players were identified with clear brain disease following their retirement.

Interestingly, the doctor suggests that the finding about the severity and scope of the problem should spur better treatment for affected players. He noted that, like other injuries, there are ways that brain injuries can be rehabbed. The doctor suggested that about 80% of players can show much improvement after a few months of targeted brain damage rehabilitation. Unfortunately, many players do not get help. As the recent tragedies demonstrate, the consequences of a lack of treatment are deadly.

Our Illinois brain injury attorneys are aware that this most recent tragedy comes amid an on-going lawsuit filed by former players against the National Football League. The lawsuit alleges that the NFL failed to properly warn players about the long-term damage that comes with the sport. Of course the lawsuit doesn’t allege that the NFL is ultimately responsible for all brain injuries that result from the playing of the game. Instead, the suit is centered on what the NFL could have done or should have done to minimize the risk and allow players a better understanding of the long-term consequences they were exposing themselves to when deciding to step out onto the field each game.

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Toll of Traumatic Injuries on Marriage

Tue, 01 May 2012 16:56:01 -0600

Research advances involving traumatic brain injuries have spurred more interest in the wide ranging ways that these injuries have on all those involved. For example, much more attention has been focused on how spouses of those with brain injuries have their own lives turned upside down by the often dramatic changes in their partner. Each Chicago brain injury lawyer appreciates that these issues are often-underappreciated. When these injuries strike, dozens of people are often affected even though there may be only one person who suffers a physical injury.

Of course, spouses of those hurt usually are most affected. A recent story from WJLA News touched on how TBIs affect marriage. The article shares the heartbreaking story of one young couple who had their marriage turned upside down as a car accident-related brain injury. The husband vividly recalls the promise of the early days of his marriage. That marriage was rocked in 2009 when his wife was in a serious car accident.

The injury was life-threatening and doctors told the husband that her prognosis was likely permanent brain death or a permanent vegetative state. There were serious doubts that she would even completely pull out of the coma. If she did, doctors warned him that her long-term recover would be uncertain.

Now three years later, the woman has regained some her brain function, but nothing is actually the same. She is still unable to control most of her basic functions. In many ways she was a new person, with emotional outbursts and frequent confusion.

The husband’s life has similarly been turned on its head. He is now required to essentially provide her constant care. She needs to be carried from room to room and requires bathing daily. To help with her physical strength and mental health, every day he tries to work with her on daily therapy exercises.

Our Illinois brain injury lawyers appreciate that this turn of events obviously has serious effects on a marriage.

The husband in this case explains how the situation has affected the marriage. He noted that “It’s a brave new world for us going forward—very few books written about this, [and] don’t’ have time to read them if you’re me.”

He went on to explain that, like many families following brain injuries, finances are tight. In his case, the husband recently lost his job, and so every day is a stressful struggle as he tries to keep everything together. Yet, he reported that despite all of this he is committed to sticking it out, because he is certain that his wife would do the same thing if she were in his position.

Interestingly, there is one psychologist who works with families in this unique situation. He combines marriage counseling with an expertise in the affects of brain injuries. The doctor explains a concept known as “ambiguous loss” where uninjured spouses realize that something is “different’ about their partner, but they have trouble identifying exactly what it is. To help in the process communication and rebuilding are apparently crucial.

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

Mon, 30 Apr 2012 17:47:31 -0600

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

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

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

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

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

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

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