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Atlanta personal injury lawyer blog Monday, March 1, 2010

  Battle Not Over for Brain Injured Marine

Our nation's armed forces take pride in their abilities - the ability to face circumstances that most Americans would shy away from, to be ready and on the scene as soon as humanly possible, to do what needs to be done. The image that we as citizens have of them, and the image which they project through ceremony and symbolism, is an able bodied one.

However, as careers wear on and wars continue to wage on, these high expectations leaves more and more of our service men and women at loose ends. What happens to soldiers who find themselves no longer able to serve? What does it mean for the nearly 20 percent of soldiers who have served in Afghanistan and Iraq who, in their tours of duty, have suffered from traumatic brain injury?

There are no cures for traumatic brain injury (TBI), but for soldiers who have been diagnosed, and who wish to continue serving their country, there is still hope. The way ahead may not be easy, and far too many of them slip through the cracks or fall by the wayside in what is an uphill battle both to recovery, and to continued service. But, true to their reputation as spirited fighters, at least some of these injured soldiers choose to fight this battle.

Marine Staff Sergeant David Marino is such a man.

Marino enlisted at seventeen, over a decade ago now. He continued a family tradition, following both his father and brother into the armed services.

"I didn't want to go to college," he said. "I wanted to be a warrior."

Between 2004 and 2006, Marino served in Iraq, where he led mean on a variety of missions, from patrols and escort missions, to raids to capture resistance fighters. It was in the course of this duty that Marino received his traumatic brain injury.

Marino was exposed to two separate explosions. After the first, he talks about feeling out of sorts. There was not any time or place for worrying about vague feelings of sickness. He experienced headaches, ringing in his ears, and what he describes as being "discombobulated." He was not gushing blood, not suffering from obvious, visibly life threatening injuries. He did what he had to - he did his best to meet his responsibilities, to not make anyone else pick up the slack because he could not keep up.

"Back then, if you weren't physically bleeding, you didn't go to medical. We would just try to be hard as nails, take care of your brother," Marino explained. "Because if you missed a patrol, you were making someone else fill your position."

Even after his injuries, Marino was a respected Marine. It was not until other injuries landed him in a desk job that the symptoms of TBI began to surface. He was supposed to be receiving treatment for severe back and knee pain which were preventing him from maintaining the rigorous lifestyle being a Marine demands. Instead, Marino found himself frustrated with confusion, memory lapses and mood swings - all tell-tale signs of a traumatic brain injury.

For more on dedicated Marine David Marino’s story, stay tuned to tomorrow’s post.

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Thursday, February 11, 2010

  Many Teen Athletes Return to Play after Dangerous Concussions

A recent study Center for Injury Research and Policy at Nationwide Children's Hospital states that about 40 percent of teenage athletes who received concussions during play are allowed to return to games too soon.

"Max's Law" is a project lobbied for by Ralph Conradt, named after his son, Max Conradt, a former high school football player. Max's Law is a piece of legislation aimed at reducing the risk of concussions to teenage athletes, and is one of perhaps two dozen such legislations pending in states across the country. Like many of these initiatives, Max's Law is driven primarily by the grief and rage of someone - in this case, a father - who has lost his child as the result of brain injury. In the Conradt’s case, they son they knew has been done for eight long years.

"It was a vicious hit," said Ralph Conradt. "A really bad hit."

But Max got up. The seventeen year old quarterback staggered a bit, but he continued to play. The game ended, and he limped toward the sidelines where his family waited. There, he looked at his step-mother, Joy Conradt, and said, "My chin hurts."

Before she could respond, he collapsed.

Later, doctors would explain that it was multiple concussions over the course of two weeks or so which led Max Conradt to lose consciousness that night. Blood was pooling dangerously in his brain. In a closed off waiting room at the hospital, these doctors explained to the boy's anxious family the severity of his brain injury. They told the Conradts that Max would die.

"Up until then, I never heard of anyone ever dying in a football game," Ralph Conradt confessed.

After months and several surgeries, Max did not die. He lived, still recovering on life support, struggling to stand, to communicate, and to remember the injury that had left him with the mental capacity of a nine year old.
"It's a whole different thing losing your child to a brain injury," said Joy Conradt. "The kid you knew is dead. Somebody completely different is in the body of the child you knew."

Today, Max lives in an assisted living facility. He often remembers his glory days as a high school football quarterback. His memories and understanding of the injuries which led to his current condition are scant.
"I was sat on by a 280-pound lineman ... he sat on my head," says Max, now 25. "When I was walking off of the field, blood was gushing through my brain. I don't remember, but that's what happened."

Max is lucky to have survived. While thinking about his injuries depresses him, he is not without goals and dreams. He still wishes to make the best of his life. Now twenty-five, he would like to return to school and have as normal a life as possible for him in his current condition.

While stories as severe as Max Conradt's are relatively rare, taken against the many millions of teenagers who participate in high risk athletics, they are hardly isolated. The Centers for Disease Control and Prevention estimate somewhere around 4 million sports and recreation related concussions a year. In most of these cases, there is no medical expert on the field. Parents and coaches are the ones left to respond. It is among coaches, parents and teen athletes themselves that the culture shift away from playing through concussions must take place. High school glory if fleeting, but, as Max Conradt’s case shows, a brain injury can last a lifetime.

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Monday, February 8, 2010

  Study Linking Autism to Vaccines Retracted

The Lancet, a major British medical journal, has retracted a study which it ran in 1998 linking autism and bowel disease to the measles, mumps and rubella vaccine.

This retraction followed just one day after BMJ, a competing journal, called for The Lancet to do so in an embargoed piece of commentary. It comes a week after Britain's General Medical Counsel, which oversees all doctors, found lead author Dr. Andrew Wakefield's methods unethical.

Unfortunately, it comes over ten years after the beginning of the much publicized and highly controversial crusade against vaccines which this study inspired. Yes, this is the medical research which set off the anti-vaccine movement which has swept not only through the UK, but across the Atlantic to the US too, where the anti-vaccine crowd has received a voice in many high traffic media outlets - including being featured on Oprah in the form of former MTV personality and current activist, Jenny McCarthy.

According to BMJ's commentary, after The Lancet published Andrew Wakefield's study linking the common measles, mumps, rubella vaccine to autism, "the arguments were considered by many to be proven and the ghastly social drama of the demon vaccine took on a life of its own."

After this study was published, British vaccination rates fell sharply. In direct result of this, measles outbreaks - formerly rarely heard of - have made a resurgence among unvaccinated British children. Even as subsequent research has time and again failed to replicate the original paper's findings and more and members of the medical establishment have spoken out against it, measles vaccination among British children has not fully recovered.

This is not the first time that The Lancet has admitted that it should never have run the original paper. Over the years, ten of Wakefield's original twelve co-authors have reached similar conclusions, and in the face of that fact, the medical journal has attempted to respond accordingly.

"It has become clear that several elements of the 1998 paper by Wakefield et al. are incorrect, contrary to the findings of an earlier investigation. In particular, the claims in the original paper that children were 'consecutively referred' and that investigations were 'approved' by the local ethics committee have been proven to be false. Therefore we fully retract this paper from the published record," the Lancet's editors said in their statement.

Wakefield and his two co-authors who have stood by this study are being stripped of their privilege to practice medicine in Britain as a result of what General Medical Council ruled as "callous disregard" for the children involved in his study, and for patient selection which they found both biased and dishonest when they ruled his work unethical. They have called his conduct "dishonest and irresponsible."

Alison Singer, mother of an autistic child and president of the Autism Science Foundation, has said "That study did a lot of harm. People became afraid of vaccinations. This is the Wakefield legacy: this unscientifically grounded fear of vaccinations that result in children dying from vaccine-preventable diseases."

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Monday, January 25, 2010

  Assessing and Accommodating Students with Brain Injuries

I wrote last week about the difficulties presented in integrating children with traumatic brain injuries (TBI) back into the educational system, with a particular focus on the challenge of just getting children with these challenges properly identified. But even when these children have been identified, that still leaves the work of assessing the individual child and adapting the classroom environment to their unique cognitive and emotional needs.

Once educators have identified that a student has experienced a TBI, it is then their responsibility to assess the student's capabilities so they can be placed in the right environment and their needs can be accommodated. Cognitive deficiencies vary widely in students with TBI, and it is important to recognize an individual student's needs.

At this point, teachers can begin to tackle the specific challenges of their student. They can make adjustments based on their knowledge of a particular students ability to concentrate, and might try to steer away from "dense" or difficult material that overly challenges the student's attention span. They can slow down the class pace somewhat, for example, if the student is somewhat slower than others at processing and responding to instructions. Some people with TBI are slower than they were prior to the injury at processing visual and auditory information. The student's memory may be an issue, and for some students multiple choice questions may become preferable to open ended tests.

Some abilities - such as organization and planning ahead - do not develop until we are older, and if the child was injured young they may have seemed normal for their grade level for a time, but in middle school or high school, they may begin to lag behind their peers. In these situations, teachers can be prepared, and coping systems put into place.

Most importantly for children with TBI, teachers can work to change their expectations and values to reflect an understanding of the child with TBI's needs. A teacher may have to accept that forcing a student with TBI to recall facts, particularly in a time limited environment, does not accurately reflect their level of learning or potential. Armed with this knowledge, educators can work to create a class environment which is positive and consistent.

Consistency can be a key tool in helping a child with TBI adapt to their changes in cognitive ability.

Aside from cognitive changes, behavioral difficulties generally follow a TBI. These can involve depression, anxiety, difficulty coping with change and disproportionate frustration. Behavioral problems come not from the student or the environment, but from the interaction between these two factors. For a student with TBI, certain environmental factors make an outburst increasingly more likely. Overstimulation, rapid class pacing, a lack of predictable structure, physical and cognitive demands over the course of the day, and negative social input can all create situations that are difficult for the student with TBI to understand and deal with.

The best strategy when facing these problems is prevention. With clear structure, predictability, consistency and positive feedback from teachers and sensitive peers, students with TBI can thrive in a classroom environment. When prevention fails, teachers should understand the student's triggers - for example, if they respond very badly to being laughed at - and be ready to intervene at the first signs.

Schools should, of course, seek expert input when they find themselves faced with the needs of students who have special needs as a result of TBI, but I hope that these two blog posts have provided a sufficient overview of a very real educational challenge.

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Friday, January 22, 2010

  The Challenges of Integrating Students with Brain Injuries

Experiencing a traumatic brain injury (TBI) can create new educational hurdles for a child and for that child's teachers. Many children who have suffered from brain injuries are left with changes in cognitive or behavioral challenges are either misidentified or end up completely slipping through the cracks in the system. Schools then face the three challenges of first identifying students with brain injuries, assessing them and then providing the appropriate classroom accommodation.

After anyone, child or adult, experiences the sort of head trauma that leads to TBI, there can be both immediate and long term changes in their behavior and functioning. In the short term, a child might lose consciousness from anywhere from a few minutes to much longer - or the child may just seem confused or disoriented. Some children may not be taken to the doctor at all if the immediate effects do not seem severe, or the child might be taken to the emergency room and discharged quickly. When it comes to seemingly milder incidents which do not require hospitalization, both parents and the child's school may be unaware of the potential for long term changes. Those changes may include changes in cognitive function and in behavior as the child struggles to deal with his or her new limitations.

Physical changes following TBI may include:

• Tiredness
• Lack of interest
• Headaches
• Awkwardness of movement
• Slowed reaction time
• Increased sensitivity to light or sound

Cognitive changes may include:

• Forgetfulness
• Sudden inability to retain new material
• Difficulty "finding" words
• Problems with organization
• Inattentiveness

Emotional changes:

• Moodiness
• Depression
• Anxiety

And Behavioral changes:

• Agitation
• Irritability
• Aggression
• Inability to cope with unexpected events
• Frustration over minor things

Children who exhibit these symptoms are often misidentified as having learning or emotional disabilities. The hospital may have failed to provide appropriate transitional care and never identified the child's needs to the school, and in the case of mild TBI, doctors may have failed to discuss the possibility even with parents. An estimated 15 percent of people who suffer mild TBI experience significant problems after their injury. In these cases, problems are often attributed to other causes, such as poor motivation.

Because TBI is different from other forms of emotional or learning disability, traditional approaches often fail to provide the correct insight or support for students. In the case of TBI, as opposed to learning or emotional disabilities, the disability is acquired from one or more specific events. The student will remember their old abilities, and may feel frustrated by the changes. He or she may also still be able to perform based on old learning, as in many cases individuals still retain that, but struggle with assimilating new knowledge. Not only does this create an inconsistent performance, but it can be quite frustrating to the student. Also, unlike in cases of learning disability, a student may regain some of their lost ability over time.

Armed with a better understanding of what the problem, educators can then go on to assessing and better integrating their students with TBI. Check back here on Monday for more about children and the long term effects of TBI.

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Friday, December 18, 2009

  Researchers Offer Hope to Victims of Brain Injuries and Spine Injuries

According to U.S. News and World Report, a new study may lead to new treatments for people with brain injuries and spinal cord injuries. Researchers found that they can enable the regeneration of injured nerve fibers in mice by deleting a single gene.

The researchers at the Children’s Hospital in Boston deleted the SOCS3 gene in the retinal ganglion cells in the optic nerve of mice. The SOCS3 gene is an inhibitor of the growth pathway known as mTOR. The removal of the SOCS3 gene resulted in vigorous growth of injured nerve fibers (axons). After one week, the mTOR growth pathway was reactivated. When the scientists used ciliary neurotrophic growth factor (CNTF) on the eyes of the mice, axon growth increased even more.

“CNTF and other cytokines [cellular signaling molecules] have been tested for promoting axon regeneration previously, but with no success,” said lead author Zhigang He of the F.M. Kirby Neurobiology Center at Children’s hospital Boston. “Now we know that this is due to the tight negative control of SOCS3. Inhibiting SOCS3, using small molecule compounds or RNA interference, might allow these cytokine growth factors to be functional.”

The study appears in the December 10 issue of the medical journal Neuron. It was conducted by scientists from the F.M. Kirby Neurobiology Center, the Department of Neurology at Harvard Medical School, and the Institute of Neuroscience at Carleton University in Ottawa. The abstract of the study follows:

Axon regeneration failure accounts for permanent functional deficits following CNS injury in adult mammals. However, the underlying mechanisms remain elusive. In analyzing axon regeneration in different mutant mouse lines, we discovered that deletion of suppressor of cytokine signaling 3 (SOCS3) in adult retinal ganglion cells (RGCs) promotes robust regeneration of injured optic nerve axons. This regeneration-promoting effect is efficiently blocked in SOCS3-gp130 double-knockout mice, suggesting that SOCS3 deletion promotes axon regeneration via a gp130-dependent pathway. Consistently, a transient upregulation of ciliary neurotrophic factor (CNTF) was observed within the retina following optic nerve injury. Intravitreal application of CNTF further enhances axon regeneration from SOCS3-deleted RGCs. Together, our results suggest that compromised responsiveness to injury-induced growth factors in mature neurons contributes significantly to regeneration failure. Thus, developing strategies to modulate negative signaling regulators may be an efficient strategy of promoting axon regeneration after CNS injury.

Studies on axon regeneration constitute one of the most exciting fields of scientific research. These studies give hope to the millions of people who suffer from traumatic brain injuries and spinal cord injuries. In the future, doctors may be able to repair spinal cord injuries through axon regeneration and allow new beginnings for millions of patients.

Spinal cord injuries and brain injuries are common in auto accidents as well as workplace accidents and sports accidents. If you or a family member have suffered a spinal cord injury, contact an experienced Georgia spinal cord injury attorney. You may be entitled to recovery if someone else is legally liable for the injury. Call MLN Law at 404-531-9700 to schedule a free consultation and learn more about your legal rights.

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Monday, December 14, 2009

  Parent’s Guide for Child Brain Injuries

Few injuries are more devastating than traumatic brain injuries in children. A brain injury may not only hinder your child’s abilities to enjoy life but it may also seem to change your child’s personality and core identity. Parents of children with brain injuries must understand that brain injuries can have physical and behavioral consequences.

A child with a traumatic brain injury might experience symptoms such as constant fatigue, depression, anger, reduced cognitive skills, and immature or impulsive behavior. Fatigue is a common problem among children with brain injuries. Allow your child to rest, even if it seems like they should not need the rest. Keep in mind that a brain injury can cause all sorts of problems that a child may not be able to communicate. For instance, brain injuries often cause vision problems and extreme sensitivity to light. If your child throws a temper tantrum when you turn on a light, it could be because of the brain energy. After a brain injury, try to avoid forcing your child back into regular life and activities too quickly. Be patient. Your child will be ready to play and learn again as soon as the mental energy returns.

Depression is another common response to child traumatic brain injury. It’s not uncommon for the child and the parents to become depressed. Parents may experience feelings of guilt and grief. Understand that these feelings are normal, but it’s not normal if they continue for an extended period of time. Seek professional help if you suspect that you are clinically depressed. You need to be there for your child. Furthermore, some parents might direct their guilt or sadness toward others in the form of angry lashing out. This is not healthy. Try to set a good example for your children by maintaining control even in the most difficult situations.

A child traumatic brain injury may cause extreme changes in behavior. Angry outbursts may erupt as the child readjusts to life. Look for problem areas and try to help your child get past the anger. Immature behavior may appear after a brain injury, too. Keep in mind that your child may not be acting inappropriately on purpose; the behavioral changes could very well be due to the injury.

It’s also important to note that some behavioral changes may not appear immediately after the brain injury. Some changes may not appear until days or weeks after the injury. It’s important to take children to the doctor any time they experience a head injury. The injury could be worse than you suspect, especially when it comes to young children who do not have a fully developed skull.

It’s your responsibility as parent to help your child get through brain injury recovery - and that means you should seek help when you need it. If someone else was at fault for your child’s brain injury, you may be entitled to recovery. Contact a Georgia brain injury lawyer as soon as possible Call MLN Law at 404-531-9700 to schedule your free consultation.

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Friday, December 11, 2009

  Nerve Cell Transplants for Traumatic Brain Injuries

The December issue of Behavioral Neuroscience, published by the American Psychological Association, announces that nerve cells transplanted into brain-damaged rats helped them recover their ability to learn. Scientists say that the transplanted neurons probably promoted growth factors.

The researchers for this study confirmed that nerve cell transplants can help the brain heal itself. This research could lead to new therapies to help people affected by traumatic brain injury as well as dementia. In a process known as neural plasticity, the brain can restore cognitive function by regenerating or reorganizing. The nerve cell transplants seem to stimulate neural plasticity.

The study examined the hippocampus, the site of learning and memory in the brain. Alzheimer’s disease is associated with shrinkage of the hippocampus. Damage to the hippocampus can lead to learning problems for rats. The researchers set out to see if they could repair the hippocampus and restore memory function and learning ability in the rats. They first injected a neuron-destroying chemical into the hippocampus of 48 rats. Then they transplanted hippocampus cells that had been taken from newborn transgenic mice into about half the rats. The transplanted cells contained a fluorescent protein that allowed scientists to track them.

Two months later, the researchers found that the rats that had received the transplanted cells had recovered completely. They were tested using a maze. The rats that received transplanted cells performed as if they had never received a brain injury. However, the rats that did not receive the transplanted cells did not recover and showed many learning problems in the maze tests.

The scientists then tracked the transplanted cells. They found that the transplanted cells had settle into the dentate gyrus region of the hippocampus, where they promoted the secretion of growth factors that boosted the growth and survival of cells that grow into neurons. In rats that received the transplanted cells, the expression of brain-derived growth factor increased threefold. Neural growth factors, also known as neurotrophic factors, hold great promise in the treatment of brain injuries and other neurological problems. They provide a nourishing environment for the production of new neurons and protect existing brain cells.

More research on neurotrophic factors is necessary and in progress. Co-author of the study Bindu Cutty of India’s National Institute for Mental Health and Neuro Sciences said, “More studies along these lines using appropriate animal models are required to find definitive answers about the safety and efficacy of such approaches. We are still some way from achieving a new therapy based on these findings.”

While we may be years away from a new therapy, it is exciting to know that it is possible to stimulate the growth of brain cells and restore cognitive functions like memory and the ability to learn. Traumatic brain injuries can have a devastating impact on one’s life by even slightly altering such cognitive functions.

If you or a loved one has suffered a traumatic brain injury and someone else is at fault, contact an experienced Georgia brain injury lawyer to represent you in court. Call MLN Law at 404-531-9700 to schedule your free consultation.

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Thursday, December 10, 2009

  Nerve Cell Transplants for Traumatic Brain Injuries

The December issue of Behavioral Neuroscience, published by the American Psychological Association, announces that nerve cells transplanted into brain-damaged rats helped them recover their ability to learn. Scientists say that the transplanted neurons probably promoted growth factors.

The researchers for this study confirmed that nerve cell transplants can help the brain heal itself. This research could lead to new therapies to help people affected by traumatic brain injury as well as dementia. In a process known as neural plasticity, the brain can restore cognitive function by regenerating or reorganizing. The nerve cell transplants seem to stimulate neural plasticity.

The study examined the hippocampus, the site of learning and memory in the brain. Alzheimer’s disease is associated with shrinkage of the hippocampus. Damage to the hippocampus can lead to learning problems for rats. The researchers set out to see if they could repair the hippocampus and restore memory function and learning ability in the rats. They first injected a neuron-destroying chemical into the hippocampus of 48 rats. Then they transplanted hippocampus cells that had been taken from newborn transgenic mice into about half the rats. The transplanted cells contained a fluorescent protein that allowed scientists to track them.

Two months later, the researchers found that the rats that had received the transplanted cells had recovered completely. They were tested using a maze. The rats that received transplanted cells performed as if they had never received a brain injury. However, the rats that did not receive the transplanted cells did not recover and showed many learning problems in the maze tests.

The scientists then tracked the transplanted cells. They found that the transplanted cells had settle into the dentate gyrus region of the hippocampus, where they promoted the secretion of growth factors that boosted the growth and survival of cells that grow into neurons. In rats that received the transplanted cells, the expression of brain-derived growth factor increased threefold. Neural growth factors, also known as neurotrophic factors, hold great promise in the treatment of brain injuries and other neurological problems. They provide a nourishing environment for the production of new neurons and protect existing brain cells.

More research on neurotrophic factors is necessary and in progress. Co-author of the study Bindu Cutty of India’s National Institute for Mental Health and Neuro Sciences said, “More studies along these lines using appropriate animal models are required to find definitive answers about the safety and efficacy of such approaches. We are still some way from achieving a new therapy based on these findings.”

While we may be years away from a new therapy, it is exciting to know that it is possible to stimulate the growth of brain cells and restore cognitive functions like memory and the ability to learn. Traumatic brain injuries can have a devastating impact on one’s life by even slightly altering such cognitive functions.

If you or a loved one has suffered a traumatic brain injury and someone else is at fault, contact an experienced Georgia brain injury attorney to represent you in court. Call MLN Law at 404-531-9700 to schedule your free consultation.

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Wednesday, December 2, 2009

  Childhood Lead Poisoning Can Cause Permanent Brain Injury

A study recently presented at the annual meeting of the Radiological Society of North America in Chicago illustrates the long-term effects of childhood exposure to lead. Cincinnati Children’s Hospital Medical Center researchers found that childhood lead poisoning damages the regions of the brain that control decision-making. These brain injuries persist into adulthood.

Most childhood lead poisoning occurs because of lead paint. Lead-based paint is no longer legal, but it is still present in many older homes. Paint chips and even dust from walls can cause lead poisoning in children who eat the chips or inhale the dust. Lead poisoning can cause brain injury and result in seizures, mental retardation, coma, or even death. However, many cases of lead poisoning are subtle. The only symptoms may be a lower IQ or difficulty controlling impulses.

The researchers from Cincinnati examined 33 adults who had elevated blood levels of lead as children. All of the subjects had decreased IQ and criminal histories. Magnetic resonance imaging (MRI) scans showed that the frontal lobe of the brain was permanently damaged by lead exposure. The frontal lobe develops late in adolescence. Frontal lobe damage causes problems with decision making, impulse control, and focus. The researchers note that other regions of the brain try to make up for the frontal lobe injury, but they cannot perform the same tasks as efficiently.

This study indicates that brain damage caused by lead poisoning in childhood does not reverse as levels of lead in the blood decrease. The damage is permanent, and it will affect the individual’s intelligence and behavior throughout life.

Approximately 250,000 children in the United States currently have elevated levels of lead in the blood, according to the Centers for Disease Control and Prevention (CDC). The Consumer Product Safety Commission (CPSC) banned lead paint in 1978, but it is still present on many walls. Peeling paint or remodeling work can exposure individuals to toxic lead paint particles. Symptoms of lead poisoning may include seizures, convulsions, nerve damage, or changes in behavior. In the past few years, several children’s toys have been recalled because of lead paint. Pay attention to product recalls to keep your children safe.

When remodeling an older home, make sure that children are not in the house. Wear dust masks to avoid inhaling lead dust particles, and be sure to thoroughly clean up after the work is complete.

Lead paint poisoning is a major problem in older rental properties, especially in big cities. Landlords are responsible for not only making tenants aware of any lead paint but also properly maintaining the properties to prevent lead paint poisoning. Property owners can be held liable for lead poisoning and associated brain injury if they allow old paint to flake off the walls or otherwise expose tenants to lead paint or dust.

If you or a loved one have suffered a brain injury due to negligence, contact an Atlanta brain injury attorney immediately. Call MLN Law at 404-531-9700 to schedule your free consultation.

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Tuesday, December 1, 2009

  La Salle University Settles Football Player Brain Injury Lawsuit for $7.5 Million

The Associated Press reports that La Salle University, a private university, will pay $7.5 million to provide care to a football player who suffered a severe brain injury during a 2005 football game. The agreement with the family of Preston Plevretes, now 23, settles a lawsuit that revolved around how the school handled a concussion that Plevretes suffered a month prior to the injury.

The settlement comes as the NFL and NCAA reviews rules about when football players should be allowed to return to play after a concussion. Research suggests that returning too soon can lead to brain damage. Last Sunday, NFL quarterbacks Ben Roethlisberger of Pittsburgh and Kurt Warner of Arizona both sat out of their games after suffering head injuries.

Shanin Specter, an attorney for the Plevretes family, said, “Only in the past one to two years has there been the kind of attention placed on this matter necessary to force schools, colleges and the NFL to actually adhere to the well-promulgated and common-sense standards of the medical profession.”

Plevretes was injured when he took a hit while covering a punt in a 2005 game at Duquesne University in Pittsburgh. He was 19 at the time. The hit knocked him unconscious. He awoke and was combative for three to five minutes before lapsing into a coma, according to Specter.

“That is the signature presentation of a second-impact syndrome. A brain already contused from a prior concussion swells very, very rapidly and herniated while the player is still on the field,” said Specter.

The lawsuit revolved around the claim that an earlier concussion had made Plevretes more vulnerable to the second catastrophic concussion. The lawsuit stated that Plevretes took a head-on hit in an October 4 practice and removed himself from the next game because of a headache.

La Salle University maintains that the injury stems solely from the hit at Duquesne University. La Salle admits no wrong-doing, and the settlement is covered by insurance. A school statement read: “From the time of Preston’s injury, the university community led by those who know Preston and his family, have been hoping and praying for his recovery. That hasn’t changed.”

Grant Teaff, executive director of the American Football Coaches Association, said that the focus on football player safety has grown recently as the medical understanding of traumatic brain injuries has grown. He believes that better training can prevent injuries. Teaff said, “We’re all in a learning process. What the outcome of that will be, I don’t think anybody knows, because the game is a very important part of Americana.”

Plevretes, who once dreamed of becoming a sportscaster, now wants to become a motivational speaker. Unfortunately, at this point, he can barely speak. He communicates using a keyboard most of the time. He needs help to walk even short distances and suffers from short-term memory loss.

“He and his family still love football,” Specter said. “They realize that what occurred is a rare circumstance, but one that is preventable through proper medical attention after a concussion.”

If you or a loved one has suffered a traumatic brain injury due to negligence, contact an experienced Georgia brain injury attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Monday, November 2, 2009

  NFL Hall of Fame Player Diagnosed with Degenerative Brain Disease

The Center for Study of Traumatic Encephalopathy (CSTE) at Boston University School of Medicine has accounted that Lou Creekmur, a recently deceased former NFL Hall of Fame player, had chronic traumatic encephalopathy (CTE) when he died. Creekmur is the tenth former NFL player to be diagnosed with the disease caused by traumatic brain injury. CTE can only be diagnosed by examining the brain after death.

CTE is caused by repetitive head trauma and characterized by the buildup of a toxic protein called tau. This protein leads to neurofibrillary tangles in the brain, which impair normal brain function. CTE may cause symptoms similar to those of Alzheimer’s disease - memory problems, emotional instability, depression, etc. - but CTE eventually progresses to full-blown dementia.

Creekmur had played on the offensive line for the Detroit Lions. An eight-time Pro Bowl player, he was famous for breaking his nose 13 times while playing without a facemask. He died on July 5, 2009 from complications of dementia. He had suffered from dementia for 30 years, during which time he experienced cognitive and behavioral problems such as loss of memory, loss of concentration, and angry outbursts.

Co-director of the CSTE Anne McKee, MD, said, “This is an important case because we are confident many CTE cases are misdiagnosed as Alzheimer’s disease. By examining his brain, I was able to confirm that there was absolutely no sign of Alzheimer’s disease or any other type of neurodegenerative disease except for severe CTE. This is the most advanced case of CTE I’ve seen in a football player. His brain changes were similar to those of profoundly affected professional boxers.”

James Wessler of the Alzheimer’s Association of Massachusetts added, “This is a very important finding that could explain the underlying cause of dementia in countless individuals who have had histories of repetitive head trauma.”

"The U.S. House Judiciary Committee is holding a hearing on the football head injury crisis on Oct. 28, and we feel that this evidence should be part of the discussion. The long-term consequences of brain trauma in sports are a tremendous public health problem. CTE is the only fully preventable cause of dementia. We need to make changes to the game of football, at all levels of play, which will decrease the risk of CTE to both pro and amateur athletes," said CSTE co-director Robert Stern.

Creekmur participated in the NFL’s Plan 88, named for former NFL John Mackey’s number. Mackey, another Hall of Fame player, suffers from severe dementia. Plan 88 was created to provide financial support to families of former NFL players who suffer from dementia. According to his wife, Creekmur remembered “16 or 17” concussions during his time as an NFL player. There are currently around 100 former NFL players whose families receive support through Plan 88.

“Sadly, these findings do not come as a surprise,” said Dr. Elanor Perfetto, wife of former NFL player Ralph Wenzel. “For those of us who have watched our husbands deteriorate and lose their independence from progressive dementia, our hope is that this research will one day lead to changes in the game of football such that other players and their families will not have to experience the pain that we have experienced."

Parents of young football players should seriously consider these findings. Is the game of football worth the risk of permanently injuring a developing brain?

If you need the advice of an experienced Georgia brain injury lawyer, call MLN Law at 404-531-9700 to schedule a free consultation.

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Friday, October 30, 2009

  Jury Awards $850,000 in Wrongful Death Suit against Baseball Bat Manufacturer

Game Three of the World Series is this weekend, and at least one family is glad that Major League Baseball players are still using traditional wooden baseball bats instead of metal bats.

The New York Times reports that a Montana jury has awarded $850,000 to the family of a teenager who was killed in a 2003 baseball game. Brandon Patch, 18, was pitching when he was hit in the head with a fatal line drive. The family argued that aluminum baseball bats are dangerous because they allow the ball to travel at higher speeds than wooden bats and that the Louisville Slugger baseball bat company failed to adequately warn about this danger. Even the family was surprised that they won the case.

“We never expected it,” said Patch’s mother Debbie Patch, who was stunned by the verdict. “We just hoped we could get the truth out for more people to see.”

She hopes that the verdict will raise awareness about the dangers associated with aluminum bats, and she would like to see youth leagues switch to wooden bats.

“We just want to save someone else’s life,” she said.

A Lewis and Clark County District Court jury awarded a total of $850,000 in damages against the Louisville-based company Hillerich and Bradsby, makers of Louisville Slugger bats, for failing to place adequate warnings on the product.

Attorneys for the baseball bat manufacturer did not comment about the verdict. During the trial, they argued that accidents happen in baseball games, and there’s nothing inherently unsafe about aluminum bats. The same accident could have occurred with a wooden bat. A spokesman for Louisville Slugger said yesterday that the verdict “appears to be an indictment of the entire sport of baseball.”

Spokesman Rick Redman said, “We made a bat in accordance with the rules. The bat was approved for play by baseball’s organizing and governing organizations.”

The Sporting Goods Manufacturers Association has started a program called “Don’t Take My Bat Away.” They say that Patch’s death was tragic, but a wooden bat could have caused the death, too.

The jury arrived at the award total by tallying $792,000 for lost earnings and pain and suffering, plus $58,000 for the family’s pain and suffering.

In the verdict, the jury indicated that the bat was not a defective product. Rather, the jury found that it posed a threat without an adequate warning label. The Patch family attorney doesn’t expect the verdict to alter the use of aluminum baseball bats, but the said that it could lead to a strong movement advocating the use of wooden bats for youth baseball players.

While professional baseball players still use wooden bats, youth baseball players have been using metal bats since the 1970s. Some amateur teams have switched to wooden bats in recent years.

Debbie Patch wants all amateur teams to switch to wooden bats: “We should go back to the way baseball is supposed to be played, the way professional baseball is played.”

Brandon Patch was pitching in an American Legion baseball game when a line drive hit him in the head. It bounced off his head and traveled approximately 50 feet in the air. Patch went into convulsions after the traumatic brain injury. The crowd at the game was horrified. Patch died within hours of the injury.

Another lawsuit against the same baseball bat company is pending in a New Jersey Superior Court. In this case, a 12-year-old boy suffered a traumatic brain injury and permanent brain damage after being hit in the head with a line drive off an aluminum bat. In 2002, the parents of another teenage pitcher were awarded damages against Hillerich and Bradsby after their son was hit in the head with a line drive, suffering severe brain injuries.

If you need to Georgia wrongful death attorney or Georgia brain injury attorney, call MLN Law at 404-531-9700 to schedule a free consultation.

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Wednesday, September 23, 2009

  Jury Awards $11 Million to Boy for Brain Injury at Texas Motor Speedway

On Monday, a Tarrant County jury awarded more than $11 to the family of a boy who suffered a serious injury after being hit by a mini racecar (driven by another child) in the parking lot at the Texas Motor Speedway. The jury found that the speedway was 80 percent responsible for the accident while the miniature car driver’s parents were each 10 percent responsible.

The 2006 accident left Ryan Davies with traumatic brain injuries that limit his mental capacity and mobility. Davies, 11, was tossing a football with friends in the parking lot of the Texas Motor Speedway when another boy lost control of the Bandolero miniature race car that he was driving.

The 500-pound Bandolero car is like a go-cart, only faster. It reaches speeds up to 70 miles per hour. The young driver of the Bandolero lost control of the vehicle as he drove it through the parking lot of the Lil’ Texas Motor Speedway, a 1/5-mile paved track for the mini race cars. Children as young as 8 can drive the cars. (Talk about a lawsuit waiting to happen.)

The driver almost crashed into a trailer and several cars before he hit Davies. Davies’ parents watched the accident in horror.

Chris Collins, an attorney who represented the Davies family, told the Fort Worth Star-Telegram, “It was a nightmare. Ryan was a normal, healthy kid with a bright future. A little while later, he leaves the speedway in a CareFlite helicopter with a traumatic brain injury and basically a quadraplegic.”

Davies will have to use a wheelchair for the rest of his life. Now 14, he spent 10 months at a children’s medical center recovering from a traumatic brain injury that has limited his mobility. Due to the injury, his brain cannot send proper signals to his muscles. The traumatic brain injury (TBI) also left Davies with the mental capacity of a fourth-grader.

A neurologist testified that, while Davies has improved, he will never be able to live independently and will need help with basic daily tasks for the rest of his life. An economist from Baylor University testified that the family is likely to incur an additional $9.2 million in medical costs. Before the trial, the family had already incurred nearly $2 million in medical expenses.

Attorneys for the Texas Motor Speedway (TMS) argued that the Davies family should be barred from seeking damages because the parents signed releases forms that spelled out the risks. TMS also filed suit against the young driver and his family, arguing that the parents knew their son a “mental and or emotional condition” that rendered him “incompetent” to drive the mini race car.

The father of the driver testified that his son was diagnosed with “pervasive developmental disorder,” similar to a mild form of autism. A neurophysiologist and counselor testified that the boy had no problems that would restrict his activities or make him incompetent to drive the car.

Please remember that speed kills. Perhaps I’m in the minority, but I don’t think that children as young as 8-years-old should be put behind the wheel of vehicles capable of traveling at 70 miles per hour. What do you think about these miniature race cars? Would you allow your child to drive one?

If you find yourself in need of a Georgia brain injury attorney, call MLN Law at 404-531-9700 to schedule a free consultation.

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Monday, September 21, 2009

  Family Support during Traumatic Brain Injury Recovery

After years of representing clients with traumatic brain injuries and other serious, life-changing injuries, I can tell you that family support is one the most important factors for a successful recovery. A positive, loving family that takes on an active role can increase the rate of recovery exponentially.

But, when it comes to traumatic brain injury, it’s often difficult for families to remain supportive and positive all the time. Sometimes, family members (or entire families) have a hard time understanding the full extent of a traumatic brain injury.

“Getting your family to understand that you cannot work, you have a brain injury and just why can’t they understand this is nearly impossible,” writes a traumatic brain injury survivor at Traumatic Brain Injury Hope Blog. “It wells up in frustration and anger. You just want them to understand You want them to give you a hug, tell you that it will be better and that you will get better with time. You just want support. I can’t get that with my family.”

All too often, when a family does not understand an injury or cannot do anything to help, they try to ignore they problem. The victim, however, cannot ignore the injury, and the family’s method of coping feels like indifference.

The aforementioned blogger was injured several years ago when she was crushed in a freak trash compactor accident. She didn’t have insurance at the time, and she was literally pushed out the hospital door while she was still vomiting up blood from the accident. She was never seen by a specialist. She now suffers from dizziness and cognitive problems, and she has lost her senses of smell and taste.

But what hurts the most is that her family seems to be uncaring: “My mother is always tell me I must get a job, although I am unable to work due to my dizziness, which can be severe at times, and other injuries I am still challenged by due to being crushed. It wasn’t too long ago that my mother told me how much of a financial burden I was to her and that I needed to get a job… I was just shocked. After trying for the first 2 years after my TBI to tell her what it has done to my brain and how it has affected my lifestyle, I felt as if I had done nothing more than talk to a wall.

“I have to accept, somehow, some way, that my family will never care enough to give me the support that I desperately need from them… With my TBI, I feel as if I am on an island and no one understands how much suffering is involved. I feel alone at times. Sometimes I feel I am not even from this planet because no one I know has suffered a TBI. I am still hoping that I will be able to be seen by a neurologist to get treatment. The cost is great and I do not have any income... I am hoping for a miracle.”

I would suggest to the blogger that her brain injury has been difficult for her family, too, even if it doesn’t seem that way. Financial troubles can cause immense stress. On top of that, the family is likely frustrated that they do not have the resources to help the TBI victim.

This story makes it clear that having health insurance coverage is vitally important. Traumatic brain injuries significantly alter the lives of their victims and families, and TBI treatment is typically very expensive.

If you or a loved one have suffered a traumatic brain injury and have questions about your legal rights, call Atlanta brain injury lawyer Michael Neff at 404-531-9700 for a free consultation. If another party’s negligence contributed to your injury, you may be entitled to monetary compensation to help with your recovery. But you must act fast: see a doctor and contact an attorney as soon as possible after the accident.

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Tuesday, September 15, 2009

  Brain Injury Researchers Study YouTube Videos

Brain injury researchers at the University of Kentucky have been watching thousands of YouTube videos − but they’re not just wasting time at work. The researchers spent hundreds of hours viewing videos of people receiving head injuries during sporting events and recreational activities, reports University of Kentucky News.

Jonathan Lifshitz of the UK Spinal Cord and Brain Injury Research Center led the team as they looked for visible, involuntary responses to head trauma. They hope that their research will help coaches and trainers make more educated decisions about allowing athletes to continuing in competition after a blow to the head.

“As basic scientists, we all hope that our research we do in the laboratory translates into the clinics. In this case, we hop it translates onto the sidelines.

The team was looking for the “fencing response” − a forearm posturing that resembles the en garde position in competitive fencing − which indicates damage to blood vessels and neural tissue in a critical brainstem region that controls balance. The posture may also look like a boxing pose.

The research team watched approximately 2,000 “knock-out” videos on YouTube and found 36 videos that portrayed moderate or severe blows to the head, where the person receiving the blow did not immediately get up. Out of these videos, two-thirds of the injured people exhibited the fencing response. The fencing response was most common in mixed martial arts competitions and football games. The findings of the study were published in the August 18 issue of the journal Medicine and Science in Sports and Exercise.

"The fencing response frequently takes place before the player even hits the ground," Lifshitz explained.

One video studied by the team included a head-on collision between Willis McGahee of the Baltimore Ravens and Ryan Clark of the Pittsburgh Steelers during a playoff game. In the video, McGahee shows the fencing response after the hit.

Moderate to severe trauma to the head can cause permanent brain damage or even death if not treated quickly. Unfortunately, it sports like martial arts and football, head trauma is not always immediately apparent. This research will help in efforts to teach trainers, coaches, and medical staff how to spot brain injuries during competitions.

“The observation of the fencing response can help coaches and trainers make immediate and future return-to-play decisions," Lifshitz said.

But Lifshitz cautions, “The response is not always universal. The absence of a fencing response should not be taken as a sign that no injury has occurred.”

Other signs of a traumatic brain injury may include loss of consciousness, a bump on the head, confusion or loss of memory, changes in behavior or personality, stiff neck, slurred speech, visual impairments, and changes in the size of the pupils.

Contact sports and automobile crashes are the most common causes of traumatic brain injuries. If you witness head trauma or suspected brain injury, call 911 and tell the victim of the injury not to move. Do not move the person, and if he or she is wearing a helmet, do not attempt to remove the helmet; let the healthcare professionals handle that. In most cases, doctors will perform neurological exams and order imaging tests such as MRI and CT scans to check for brain damage. However, not all brain injuries will show up on imaging tests.

If you or someone you know needs a Georgia brain injury attorney for representation in a personal injury case, contact MLN Law. Call 404-531-9700 to schedule a free consultation with an experienced brain injury attorney.

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Tuesday, August 25, 2009

  Misidentification Syndrome and Traumatic Brain Injury

The New York Times recently featured an interesting story about misidentification syndrome brought on by traumatic brain injury.

During his first year of college, Adam Lepak crashed into a car while riding his Honda Interceptor motorcycle. Adam was wearing his helmet, but he still suffered from diffuse axonal injury. Dr. Jonathan Fellus of the Kessler Institute explained, “The textbook definition is essentially a blow that shuts down the bundle of wires responsible for keeping us conscious.”

Adam spent the next six months in a near-vegetative state. He could not talk and could barely move. Now Adam is recovering. He is walking short distances and speaking in short sentences. But there’s another problem he’ll have to overcome. Adam has trouble remembering identities - including the identity of himself and his family members.

“You’re fake,” he told his mother.

“What do you mean ‘fake,’ Adam?” she asked.

“You’re not my real mom,” he replied. “I feel sorry for you, Cindy Lepak. You live in this world. You don’t live in the real world.”

Throughout medical history, doctors have reported on patients who insist that their spouse is an imposter; that their children are body doubles; and that their closest friends and family members are fakes. The French psychiatrist Dr. Jean Marie Joseph Capgras described Capgras syndrome in 1923 with the case of a patient “who transformed everyone in her entourage, even those closest to her, such as her husband and daughter, into various and numerous doubles.”

These types of delusions, known as misidentification syndromes, are common among those who suffer from schizophrenia as well as dementia and traumatic brain injury.

Researchers have found that there is no single identity region in the brain; rather, it uses several different neural regions to maintain the identity of self and others.

The cortical midline structures are particularly active in brain processes related to personal identity. They run from the frontal lobes through the center of the brain, almost like the core of an apple. The cortical midline structures communicate with the temporal lobe, which is responsible for memory and emotion. When the lines of communication have been damaged, as in Adam’s case, mom may look and sound just like mom, but she just doesn’t seem like the same person. Somehow, she seems unreal.

Dr. Orrin Devinsky of New York University has noted that people with misidentification syndrome from traumatic brain injury typically have more damage to their right hemisphere than their left. The right hemisphere processes holistic judgments like intonation and emphasis, while the left hemisphere processes linear reasoning and language. When the left hemisphere is damaged during a traumatic brain injury accident, loved ones may lack their familiar emotional glow. But if the left hemisphere is still working, it turns to logic for an explanation: the person must be an impostor, a double, or a fake.

The best treatment for people with misidentification syndrome seems to be spending a lot of time with loved ones in familiar places. Thanks to his friends and family, Adam is making a slow but sure recovery.

If you have a loved one who has suffered from traumatic brain injury as the result of a motor vehicle accident, call MLN Law at 404-531-9700 to ask about your legal rights. You may be entitled to compensation.

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Thursday, May 28, 2009

  Brain Injury from Whiplash

Traumatic brain injury is the leading cause of death for Americans under the age of 45. Another traumatic brain injury occurs every 15 seconds, and 5 million Americans suffer from some form of disability caused by traumatic brain injury. Anyone care to guess the leading cause of traumatic brain injury? That’s right - automobile accidents.

Brain injury from whiplash can be particularly damaging to the brain. The sudden acceleration and deceleration of auto accidents can actually twist and damage the delicate nerve fibers that make up brain tissue. These nerve fibers are called axons, and when they’re twisted, stretched, or otherwise damaged, it’s known as diffuse axonal injury.

Whiplash is the main cause of diffuse axonal injury (shaken baby syndrome is another common cause), and it normally renders the victim comatose. However, in some cases, diffuse axonal injury may only cause a brief loss of consciousness. Diffuse axonal injury may be difficult to detect or diagnose; because the damage is on a microscopic level, it’s rarely seen with imaging technologies like MRI or CT scans.

High speed car accidents may also cause another kind of brain damage known as isotropic stress. This occurs when a pressure wave moves through the brain at high speeds, damaging the internal structures of individual brain cells.

Brain damage is not always apparent at first. Some people with traumatic brain injury often feel normal and seem normal after their accident. Later, however - days, weeks, or sometimes months after the accident - the victim or a loved one will notice that something is not quite right. It may be a change in behavior, attitude, gait, vision, or speech patterns. Sometimes, the only sign of brain damage may be ringing in the ear.

Often times, victims of brain injury will not notice that anything is wrong until they return to work after the accident. Then suddenly it becomes apparent that their brain isn’t working the same. Undiagnosed brain injury can result in mistakes at work or even the loss of a job.

Unfortunately, brain injury from whiplash is often overlooked. Brain damage can be difficult to detect - and when victims suffer other serious physical injuries (as is usually the case), they’re understandably more concerned with physical pain than new quirks in personality or behavior.

Loss of consciousness and post-traumatic amnesia are signs that brain damage might have occurred. In general, the longer an accident victim is without consciousness, the more likely they’ve suffered traumatic brain injury. Post-traumatic amnesia refers to a loss of memory about events prior to the accident. In general, longer periods of amnesia indicate more severe brain injury.

If you’ve been the victim in an automobile accident - especially if you lost consciousness or experienced amnesia - then you may have suffered a traumatic brain injury. If someone else caused your accident, then they can be held liable for any damages, such as loss of employment, resulting from your brain injury. But you must act quickly! Evidence of brain injury disappears over time, as does physical evidence related to the accident. Call MLN Law at (404) 531-9700 to get the compensation you deserve.

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Thursday, July 17, 2008

  Merck says Vioxx claimants will soon get settlement checks

Ransdell Pierson of Reuters reported that Merck & Co (MRK.N) announced today that more than 97 percent of eligible U.S. claimants had elected to participate in its $4.85 billion proposed Vioxx settlement.

To be eligible for the proposed settlement, patients or their survivors had to have filed a Vioxx product liability lawsuit in the United States for alleged heart attacks, stroke or death or have signaled officially their intent to do so.

Vioxx had generated sales of $2.5 billion a year before the arthritis and chronic pain pill was withdrawn from U.S. drugstores almost four years ago after a Merck study showed that long-term users had twice the risk of heart attack and stroke.

A very large clinical trial of Vioxx conducted almost a decade ago showed the medicine caused about a fourfold higher risk of heart attack than the widely used painkiller naproxen.

Despite the results, the FDA allowed Vioxx to remain on the market. Then Merck heavily advertising the drug despite its knowledge of the risks.

Some good news is that many industry analysts feel the FDA has become far more careful about approving new medicines since Vioxx was taken off the market.

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Friday, July 11, 2008

  Different types of personal injury lawyers specialize in different types of cases

When you are seeking a personal injury lawyer, you should make sure that the attorney you retain is knowledgeable in the type of suit you are filing. For instance, many personal injury lawyers do not practice premises liability or trip and fall law. Instead, they may only handle car accidents. Many won’t handle workers’ compensation cases. Some won't take a case to trial. It is always best to seek an trial attorney who has significant experience in the area of law that is specific to your case.

At the Law Offices of Michael L Neff, we focus primarily on serious injuries like brain and spinal cord injuries and the injuries that cause the need for surgeries. Make sure you determine that the lawyer you are considering has experience with your type of case before you decide to hire him or her. If you are seeking a personal injury lawyer, we ask you to consider our attorneys — where at our Atlanta Buckhead offices, you will find expert guidance in personal injury claims, and a compassionate ear.

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Thursday, July 10, 2008

  SUV accident suit against NJ Senator results in $1.175 million settlement

New Jersey State Senator Robert Singer has agreed to pay a $1.175 million settlement to end a lawsuit filed by a woman he seriously injured in 2005.

Barbara Sara, 76 years old, was walking across East Veterans Highway when she was struck by Mr. Singer’s SUV. Ms. Sara suffered a concussion, a fractured arm, two fractured ankles and a fractured leg; she was put in critical condition and remained hospitalized for nearly four months.

This is the second such altercation for Mr. Singer. In 1991 he hit two (allegedly) intoxicated men who walked in front of his car.

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  The psychological effects that can result from a traumatic brain injury

Following a traumatic brain injury, or TBI, the injured person can experience a variety of psychological effects, including change of personality, loss of impulse control, decreased judgment and depression. The depression may be a result of the brain injury, or it can be a reaction to other symptoms. Other effects can include speech and communication difficulties, memory loss, a feeling of disorientation, anger and lack of perception.

Victims of TBI often have difficulties adjusting to these changes during their recovery. What used to come naturally to them might now be a struggle. The recovery process can be exhausting—not only physically, but emotionally, as well.

If you, or someone you love, have been diagnosed with a TBI, physicians and psychologists who specialize in brain injury cases are best able to help you make the fullest possible recovery. If the TBI is a result of an accident that was not your fault, we encourage you to call or email us at the Law Offices of Michael L. Neff right away. We can help you get the help you need.

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Monday, July 7, 2008

  $45 million settlement in historic wrongful death case

The Lakeland Ledger reported the largest personal injury verdict in Polk County, Florida history has reached totaling $45 million.

In February 2006, Ms. Bryant was driving her nine-year-old daughter and the daughter's best friend when her pickup truck collided with a commercial truck driven by John Robert Mitchell.

The two girls, Morgan Bryant and Brittany Hooten, were killed instantly. So was Ms. Bryant’s two-month old fetus. Ms. Bryant also sustained permanent brain injuries, leaving her hospitalized for several months. The award includes nearly $40 million in the personal injury verdict and $5.7 million for wrongful death.

The initial award was significantly higher, but the jury determined that Bryant was 25 percent at fault in the accident, thereby reducing her award by that amount. The family of Brittany Hooten settled out of court with Progressive Insurance Company for an undisclosed sum.

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