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Recent Posts in Head and Brain Injuries Category

January 29, 2009
  Military Personnel have Increased Risk of Traumatic Brain Injury
Posted By Steven J. Klearman

This comes directly from LegalView.com. You can find the story online with additional references, here.

Traumatic Brain Injury and the Military

Unfortunately, those who choose to serve their country run a comparatively high risk of traumatic brain injury. Military personnel are at risk for automobile accidents, the number-one civilian cause of TBI, but they are also consistently exposed to strong munitions that can cause a traumatic brain injury. Military service exposes personnel to a risk of penetrative brain damage, such as that sustained when a bullet or shrapnel penetrates the skull. But the greater cause of TBI among soldiers is closed brain injury, in which there is no break in the skull, particularly those caused by explosive blasts. When soldiers are caught near an explosion, they may sustain brain damage directly from the blast wave, which can increase pressure inside the skull; or indirectly from being physically thrown against a hard object.

Afghanistan, Iraq Conflicts a Major Risk Factor for Traumatic Brain Injury

We now know those who have served in Afghanistan or Iraq are at a much higher risk of TBI than combat veterans from previous wars. In the Vietnam War, 14 to 18 percent of all veterans had a brain injury. Today, the Walter Reed Army Medical Center says 31 percent of those admitted between January 2003 and May 2005 had some kind of brain injury. A 2005 study in the New England Journal of Medicine attributed these higher numbers in part to advancements in munitions, especially improvised explosive devices, and in part to improvements in body armor, which protects soldiers from what would previously have been a fatal penetrative wound, but not from a nonfatal blast injury.

Misdiagnosed/Undiagnosed Traumatic Brain Injury in Soldiers

Because the symptoms of a traumatic brain injury often do not appear until weeks after the injury is sustained, it is not uncommon for a TBI to go undiagnosed or misdiagnosed. This is especially true when the symptoms of a TBI are subtle, such as a personality change or emotional problems, which are easy for strangers to miss. There is evidence that the military sometimes misdiagnoses such symptoms as psychological, or even accuses soldiers of malingering, due in part to doctors' lack of resources or brain-injury expertise.

And as Commander James Dunne, lead trauma surgeon at the National Naval Medical Center, observed at a 2006 summit of military physicians, the long-term consequences of an undiagnosed TBI can be devastating. Service members with an undiagnosed TBI lose precious treatment time, holding back their recoveries and causing complications in their personal lives. Because side effects of a traumatic brain injury include behavioral and emotional problems, especially depression, TBIs can hold discharged soldiers back from reintegrating into civilian society or even from continued success in the armed services.

A 1996 medical study showed that a behavior-related discharge from the military was 1.8 times more likely for a TBI patient than for a soldier without a TBI. Difficulties with memory, motor skills and the senses, more common side effects of brain damage, can also affect veterans' ability to get a job, care for a family or perform other life functions. And without a diagnosis, military TBI patients may be liable for tens of thousands of dollars' worth of medical bills, on top of lost wages.

Proper helmets and body armor, particularly the newest Kevlar armor, remain the best way to prevent a traumatic brain injury among those who serve in the military. Fast diagnosis and treatment of the injury are also important ways to prevent secondary injuries from the physical and chemical changes to the brain that follow a TBI, such as swelling. It can also minimize the cost, both personal and financial, of the injury to the soldier and his or her loved ones. If you suspect that you or someone you care about has an undiagnosed service-related brain injury, an experienced TBI attorney can help you get the treatment and compensation you need.

Continue reading "Military Personnel have Increased Risk of Traumatic Brain Injury" »

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April 30, 2006
  When Is a Verdict Excessive?
Posted By Steven J. Klearman
Juries sit for days or weeks to determine verdicts. Juries are a fundamental concept in our American system. Why do some continue to question the wisdom of juries? Only a juror who sat through a case understands the evidence in that case.

Florida attorney Bob Carroll cites to the following verdicts in his blog of this date. Do these look like frivilous lawsuits?

A jury in New York awarded the mother of a baby who suffered severe brain damage at birth $29.3 million against the hospital because the baby was not timely delivered (Stephanie Muniz an infant, et al. v. New York Methodist Hospital, et al., No. 3245/00, N.Y. Sup., Kings Co.).

In West Virginia a family was awarded $17 million on March 27 for injuries their baby sustained at birth which rendered her a spastic quadriplegic (Mark and Lori Pochron, et al. v. Monongalia General Hospital, et al., No. 03-FC-4, W.Va. Cir., Monongalia Co.).

A Wisconsin jury awarded a woman $8.38 million against a doctor who rendered her stomach and intestines useless during the course of a procedure designed to prevent heart burn (Jessica Greenfield v. Dean Health System and Paul Huepenbecker, No. 4CV32, Wis. Cir., Dane Co.).

In Texas a woman who was rendered quadriplegic as a result of a rollover accident was awarded $29,515,196.41 against auto manufacturers and a tire manufacturer (Rose Marie Munoz v. Ford Motor Company, et al., No. 03-3353-B, Texas Dist., Neuces Co., 117th Jud.).

In nearby Orlando, Florida, the estate of a cable layer was awarded $2,857,000 against an electrical contractor for his death caused by a dangerous electrical conduit in a commercial building's attic (Eugene Dixon, et al. v. M.R. Pride Electric Co., No. 04CA-2275, Fla. Cir., Orange Co., 9th Jud.).

Continue reading "When Is a Verdict Excessive?" »

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