Atlanta, Georgia Personal Injury Lawyer
Marino was suffering the permanent effects of a traumatic brain injury (TBI) - a fact which had gone undiagnosed for two years.
He was also not alone. Nearly one in five of the men and women in uniform who have served in Afghanistan and Iraq have suffered TBI. In a service which prides itself on its able-bodied men and women in uniform, these people too often find themselves suddenly invisible, fighting a new battle. As for Marino, finally armed with the knowledge of what was wrong with him, he was placed in the Wounded Warrior Battalion.The Wounded Warrior Battalion is a relatively new sort of organization, created by Lt. Colonel Timothy Maxwell after his own experience with TBI when an explosion left shrapnel near the left side of his brainstem. Maxwell's injuries were terrible, but it was the isolation of coping with treatment alone, without any support system that truly understood what he was going through, which he found unbearable. Starting in 2004, the Wounded Warrior Battalion has served as a home for Marines too injured for regular duty. There, they could heal together, sharing barracks as well as support.
Over time, the Wounded Warrior Battalion has grown into the Wounded Warrior Regiment. Over 4,000 soldiers strong, the regiment now has Battalions in North Caroline and California, as well as a budget of 4.5 million dollars with which to attempt to see to the soldier’s needs.
The Wounded Warrior Battalion is not a permanent solution for Marino – simply being assigned there is not a solution for soldiers who wish to continue to serve in the Corps. However, without their help and support, he would find himself facing a continuing uphill battle alone.
Marino needed to be granted permanent limited duty status (PLD). Very few uniformed Marines actually achieve this status. In 2008, after nearly a year of paperwork, requests, and medical examinations, Marino became one of only 50 Marines recognized for PLD out of a force of 203,000.
Now, Marino works with the Wounded Warrior Battalion as a career retention specialist in their West Coast Battalion, where he can continue to support others who have had suffered TBI in the service of their country. With his help, hopefully, more American soldiers will be able to continue their careers doing what they want – serving their country actively. While TBI itself may be associated with a life of limited abilities, the success of soldiers like Marino prove that overcoming brain injury is not impossible.
Labels: athletes and traumatic brain injury, children and brain damage, Marines and brain injury, Marines and traumatic brain injury, soldiers and brain injury, traumatic brain injury
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.
Labels: brain injury, children and brain damage, Marines, Marines and brain injury, soldiers and brain damage, soldiers and brain injury, traumatic brain injury
"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.
Labels: athletes and traumatic brain injury, brain injury, children and traumatic brain injury, concussion, teen safety, traumatic brain injury
“Even children with quite serious injuries can be labelled as having a concussion,” DeMatteo said. “Concussion seems to be less alarming than ‘mild brain injury’ so it may be used to convey an injury that should have a good outcome, does not have structural brain damage and symptoms that will pass.”
However, concussions may have long-lasting effects. The headaches, amnesia and loss of consciousness usually pass quickly, but some children may develop "post-concussion syndrome" that may last for weeks or months.
Further, multiple concussions may cause cumulative neurological damage. Recently, evidence has emerged which shows that multiple concussions (commonly experienced by football players and boxers) increase the risk of Alzheimer's disease and other forms of dementia.
DeMatteo found that too many parents (and even some doctors) think of concussions as harmless. She decided to start her study after she heard one parent say, "My child doesn't have a brain injury. he only has a concussion."
DeMatteo's study found that children labeled as having a "concussion" were discharged earlier than children with other brain injuries, regardless of the severity of the injury. This study shows that the term "concussion" affects how people view the injury and even how it is treated in medical settings.
“Our study suggests that if a child is given a diagnosis of a concussion, the family is less likely to consider it an actual injury to the brain,” said DeMatteo . “These children may be sent back to school or allowed to return to activity sooner, and maybe before they should. This puts them at greater risk for a second injury, poor school performance and wondering what is wrong with them.”
DeMatteo suggests that doctors abandon the term "concussion" and replace it with "mild traumatic brain injury" along with more specific descriptions of the injury.
If your child experiences any type of traumatic brain injury - even if it is "just a concussion" - you should take your child to see a doctor immediately. The doctor may need to perform imaging studies to look for visible signs of brain damage. The sooner you get to the doctor, the better.
In some cases, a child's traumatic brain injury may be due to the negligence of another person. For example, if a child suffers a brain injury after slipping on a wet floor in a place of business, the business owner may be held liable. Similarly, if proper safety procedures are not followed, a school may be found negligent in the case of a brain injury that occurs during football practice. For more information about your legal rights, contact an experienced Atlanta, Georgia brain injury lawyer. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: child safety, children and traumatic brain injury, concussion, TBI, traumatic brain injury
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.
Labels: brain injury, children and traumatic brain injury, TBI, traumatic brain injury
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.
Labels: brain injury, children and traumatic brain injury, TBI, traumatic brain injury
The viral video has over 1 million views. In this case, I can actually understand the large number of views. A surfing dog is certainly more impressive than a piano-playing cat, don’t you think?
But it’s the heart-warming story that has made this video so popular. Ricochet the Surf Dog, also known as Rip Curl Ricki, raises awareness and funds for charities. The video explains how Ricochet was trained to be a service dog from birth, but she could never give up chasing birds (which would make her a liability as a service dog). Her trainer decided to focus on her strength – surfing.
The service dog became a SURFice dog and raised money to help quadriplegic surfer Patrick Ivison. Ricochet also rode the waves with Patrick. The video is amazing. If there was ever any doubt, now we know that the dog truly is man’s best friend. This stands in stark contrast to my earlier post about Atlanta dog attack injuries. These two contrasting posts show that the way a dog is raised and trained makes all the difference.
The surfing dog video has generated thousands of dollars in donations for charity. Ricochet’s newest best friend is six-year-old Ian McFarland, who suffered a traumatic brain injury in a tragic car accident that killed his parents.
In 2008, Tod and Stephanie McFarland were driving to a wedding with their three children when they had a horrible car crash. The two parents died. Ian’s brother and sister survived with minimal injuries. Ian was diagnosed with diffuse axonal brain injury. He is slowly but surely responding to therapy.
“Both his therapies and the equipment are costly,” explains Ricochet on her website (yes, the surfing dog can type, too). “I am trying to help raise money so he can get the necessary medical care he needs, and I hope you can help too! Ian still loves sports and hopes to one day be back at surfing and skateboarding. But it will be a long road. They tell me Ian is the most motivated on the beach, so I’m looking forward to playing with him there, and of course, seeing if I can get him on the surfboard with me! Paw-abunga!”
It’s great that so many youtube viewers and one “puppy prodigy” are coming together to help children with spinal cord injuries and traumatic brain injuries. Ricochet may not be a typical service dog, but she is providing more than her share of service.
Visit RipCurlRicki.com to learn more about Ricochet and how you can help Ian recovery from his traumatic brain injury.
If your child has suffered a spinal cord injury or traumatic brain injury, call MLN Law at 404-531-9700 if you need legal advice.
Labels: paralysis, rehabilitation, spine injury, TBI, traumatic brain injury
Martinez, a twenty-seven year old from Woodstock, was riding north on the sidewalk adjacent to the southbound lanes when he collided with a van turning right out of a parking lot. He died of head trauma. He was not wearing a helmet.
According to police spokesman Paul Brown, the driver of the van is not expected to face charges.
Martinez is one of the 700 or so people who die every year as a result of bicycle related injuries, according to the CDC. Another 500,000 or more people are treated yearly in emergency departments. Children under fifteen years of age account for 59 percent of these injuries, showing the young to be particular vulnerable in this regard, though adult cyclists such as Martinez are clearly also at risk.
It is important for both cyclists and motorists to remember bicycle safety, and to share to road with mutual respect and awareness. For cyclists, the stakes are especially high.
Cyclists should always protect themselves. Riders should always wear a helmet, and wear it correctly. The brain is fragile, and even a minor fall could potentially leave you with a serious, even life-threatening injury.
Beyond that, it is important to do everything within your power to make sure you can maintain control of your bicycle. Make sure your bicycle is the right size, and properly adjusted to fit you – this will make your bicycle both more comfortable, and less likely to escape control.
Never ride your bicycle while under the influence of drugs or alcohol. Just as with driving a car, substances which impair your reaction time and decision making skills put you at greater risk of losing control and having an accident.
Be visible and alert.
Bright colors, lights and reflectors can do a great deal to improve your visibility to motorists, particularly in bad lighting. Yellow and lime green are good colors for riding, because they will not fade or lose their visibility in poor lighting. At night, or in fading light, red can appear black, and makes a poor choice for riding attire.
Even if you are obeying the traffic laws and do everything correctly, other drivers may not. As a cyclist, you are at greater risk of injury or death than the motorist. Be aware of them, and ready to stop or take evasive action if it becomes necessary.
Ride with traffic. This will make you more visible to drivers entering the road and changing lanes. While the driver of the van in this case ought to have been aware of Martinez, Martinez increased his chances of not being seen by being where he wasn’t expected to be.
Cyclists must obey STOP signs and traffic signals. Rushing through yellow lights may not give you time to clear the intersection before the light changes; respect them accordingly.
If you or someone you love has been injured by a careless driver while riding a bicycle, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.
Labels: bicycle, bicycle helmets, traumatic brain injury
According to the Centers for Disease Control (CDC), as many as three million sports related concussions occur each year. New research shows that concussions can cause permanent brain damage and early onset of dementia. Concussions may occur in any sport, but they are most common in football. They occur in children’s games, high school games, college games, and professional football games.
A few weeks ago, Tim Tebow of the Florida Gators took a hard hit and suffered a concussion. During a concussion, the brain slams into the skull and disrupts normal brain activity. Tebow spent the night in a hospital and was sidelined for 10 days.
Multiple concussions ended the careers of several NFL players, including Troy Aikman, Steve Young, and Ted Johnson. Johnson, a linebacker for the New England Patriots, hit opponents with so much force that he once cracked another player’s helmet. That kind of impact couldn’t have been good for either of their brains.
Johnson estimates that he suffered over 50 concussions during his career. Sometimes after a concussion he couldn’t remember plays and had trouble seeing, but he kept playing. He revealed to 60 Minutes: “Lot of times, if I didn’t get my vision back before the next snap, I’d have to have another linebacker call the plays. I couldn’t see on the sideline. I couldn’t see my defensive coordinator signaling in ‘cause my vision was still blurred.”
“I wasn’t as worried as maybe I could’ve been if I knew what the potential risks,” Johnson later said.
New information about those risks has recently come to light. A University of North Carolina study found a correlation between the number of concussion and the onset of dementia and depression among retired NFL players.
Johnson said he suffered from depression after retiring: “I was in bed with no contact with anybody, curtains drawn. I would get up, go eat, go back to bed. That was my routine for a long, long time.”
Johnson’s neurosurgeon Dr. Robert Cantu said he believes his patient is suffering from brain damage.
“A large segment of society thinks that concussions are innocuous and everybody recovers from them, and life is going to be merry ever after,” said Dr. Cantu. But that’s not the case.
"The impacts can be tremendous, because athletes can run almost 20 miles an hour, and their size and their weight would be equivalent to crashing a car into a brick wall going 40, 45 miles an hour," Cantu explained.
Dr. Ann McKee of the Boston University School of Medicine has found physiological evidence of brain disease in athletes who have suffered multiple concussions. Diseases such as chronic traumatic encephalopathy, or CTE, are common among former football players, boxers, and mixed martial artists. Unfortunately, it can only be diagnosed after death, when the brain can be examined.
Earlier this year Dr. McKee examined the brains of 16 former athletes and found that they all had CTE. CTE silently progresses for years, causing dementia and other cognitive problems.
"It seems to be triggered by trauma that occurs in a person's youth; their teens, their 20s, even their 30s. But it doesn't show up for decades later," she explained. "People think it's a psychological disease or maybe an adjustment reaction, maybe a mid-life sort of crisis type of thing. But actually, they have structural disease. They have brain disease."
On October 28, a Congressional hearing will be held to examine the lasting impact of brain injuries among NFL players, how to limit the injuries, and how to compensate players and their families. NFL commissioner Roger Goodell will testify at the hearing.
If you or a loved one suffered from a traumatic brain injury due to someone else’s negligence, you may be entitled to recovery. Contact an experienced Georgia brain injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: concussion, traumatic brain injury
Valentini was in a horrific car wreck 13 years ago and still lives with a traumatic brain injury (TBI) that has immensely affected her short-term memory. Further, portions of her long-term memory seem to have been erased.
She remembers that she once worked as an administrator, but she can’t remember what she did at work. She recalls that she used to like to dance, but she doesn’t know why. She remembers her old self as a successful, confident person with a good memory and sound mind, but she’s not that person anymore. She doesn’t remember the details of her car accident, but she knows that’s when “the old Kim died.”
Valentini’s car wreck made her one of 5.3 million Americans who live with TBI. Each year, more than 1.4 million Americans suffer a TBI. In a given year, more people suffer TBI than heart attacks. Experts call it “the silent epidemic’ because most people do not realize the extent of the problem. Furthermore, TBI may not leave any visible signs.
“There are countless ‘walking wounded’ who look just fine on the outside, but who aren’t the same on the inside,” said Jonathan Lifshitz, an assistant professor at the Spinal Cord and Brain Injury Research Center at the University of Kentucky Chandler Medical Center.
Nearly half of traumatic brain injuries are caused by traffic accidents. Ironically, advances in protective gear like seatbelts and airbags may have increased the number of TBIs over the past decade. However, a TBI is not as bad as a fatality.
Most TBIs cause permanent brain damage, even if there or no visible signs of injury (even on a brain scan). A TBI can cause changes in mental processing, attention, memory, judgment, and personality.
Therapy can help TBI victims cope with the changes, but it doesn’t repair the brain damage.
“If you lose a leg, you wouldn’t expect it to regrow,” said Keith Cicerone, director of neuropsychology at the JFK Johnson Rehabilitation Institute in Edison, N.J. “It’s a long road going from the injury to learning to live a fulfilling life, but with limitations. We’re not looking to make you who you were. We’re trying to teach you to live with the person you’ve become - who you are now.”
For Valentini, every word she speaks is a struggle, and she has trouble focusing on conversations. Her fiancé left her after her realized that “the old Kim” wasn’t coming back.
Despite the hardships, Valentini has improved greatly. Her therapy has focused on retraining her brain, and she has a new start with a new life. She says that she’s not even sure if she’d want the old Kim back now.
If you or a loved one has suffered a traumatic brain injury due to the negligence of another individual or entity, you should contact an experienced Georgia traumatic brain injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: traumatic brain injury
The teen, Ethan Bryant, spend eight months in a coma after a gravel truck crashed into his pickup truck in 2006.
Paul Scott, attorney for the Bryant family, said that the gravel truck driver’s load was 20,000 pounds overweight, and the driver had little experience.
Unfortunately, trucking companies often exceed load limits in order to save money. However, overloaded trucks are dangerous on roadways. Excessive loads not only add more mass to already massive vehicles, but they also make trucks more likely to roll over and crash.
Bryant’s passenger, Patrick Taylor, was killed in the wreck. Both Bryant and Taylor were 16 at the time of the accident, and both were athletes at Hernando High School.
The jury found that APAC Tennessee, Inc., the paving company that hired the gravel truck driver, was 70 percent responsible for the wreck. The remaining 30 percent of fault was split between the driver and the company that loaded the gravel. The loading company settled out of court.
The driver, Chad McCarty, pleaded guilty to manslaughter and aggravated assault and was given 15 years of probation.
Bryant, who is now 19, received traumatic brain injury that left him incapable of living without help. His mother had to give up her job to take care of him.
“He requires 24-hour care,” said his father, Carey Bryant. “It’s turned into my wife’s full-time job.”
The victim’s father also said that the jury verdict gave him the only feeling of justice he’s felt in the last three years since the accident.
In today’s economy, many trucking companies will do anything to get ahead, even if that means breaking the law. In fact, a recent analysis of government data found that 200,000 trucks are driving in violation of federal safety laws.
Trucking companies may hire inexperienced drivers, drivers with medical problems, or drivers with alcohol and drug dependency. Many companies encourage drivers to work for long hours without adequate rest.
Large trucks may be overloaded, improperly loaded, or unsafe because of defective tires or other parts.
Large trucks are certainly the most dangerous vehicles on our roadways. They make up less than 4 percent of the vehicles on the road, yet they’re involved in 12 percent of the fatal accidents.
When you’re driving on the highway, always keep a safe distance between your vehicle and large trucks. The trucks have several extended blind spots, and they may not see your vehicle. When you have to pass a large truck, do so quickly and with care. Be aware that large trucks must swing to the left when turning right. To be safe, anticipate their moves and stay out of the way.
If you’ve been injured in a trucking accident, you need a personal injury attorney who understands the industry and the relevant laws and regulations. Call MLN Law at 404-531-9700 to schedule your free consultation with an experienced attorney.
Labels: jury verdict, TBI, traumatic brain injury, truck accident, truck safety, truck wreck
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.
Labels: brain injury, traumatic brain injury
The symptoms of a TBI may be obvious or subtle. Erin Patrice O’Brien, author of the article, points out, “You may think you don’t know anyone with a brain injury, but they’re all around you. One could be the person you see lose his temper with the store clerk because sports-induced concussions left him short-fused. Another could be your neighbor who keeps locking her keys in the car or the man who looks healthy but needs a few tries to push a revolving door.”
In 2006, O’Brien’s husband Bob was injured by a roadside bomb in Iraq while working as a journalist for ABC News. Shrapnel shattered his skull, and doctors didn’t know if he would ever walk again or regain mental function. Bob was in a coma for 36 days. When he woke up, he couldn’t think of simply words like “scissors.” Today Bob has resumed his roles as husband, father, and journalist. Advancements in cognitive rehabilitation helped Bob to recover. Twenty years ago, he may not have made such a recovery.
“One of the advancements in rehabilitation is to make the therapy person-centered,” said Dr. Lori Terryberry-Spohr, brain-injury program manager at Madonna Rehabilitation Hospital in Lincoln, Neb. “We can tailor it to the individual’s goals, strengths, hobbies, interests, and occupations.”
For example, a cognitive rehab specialist might use dog-walking as part of the therapy for an animal-lover. This would improve the patient’s mobility, sense of direction, and interaction with normal life.
A TBI may damage the connections between nerve cells, or neurons. Neuronal signals control memory, thought, speech, and movement, among other functions. A TBI may temporarily or permanently disconnect these signals.
“One helpful analogy is to think of the brain’s neural pathways as highways,” explains O‘Brien. “A brain injury is like a jackknifed tractor-trailer stopping traffic. With proper medical attention and therapy, the brain repairs itself. Neurons that ran from point A to point B can grow back in different ways and make new roads, and the brain rebuilds new paths to functions like speech and memory. They might not be exactly the same as before, but they’re still effective.”
“The more sophisticated the function, like complex thought or writing, the longer it takes,” said Dr. Col. Rocco Armonda, senior Army neurosurgeon at Walter Reed Army Medical Center in Washington and at Bethesda Naval Hospital in Maryland. “But over 70 percent of our patients with the most severe injuries are now approaching functional independence after treatment, and that was unheard-of previously . . . Research points to the amazing regenerative powers locked in our brains. The proper therapies can help with the unlocking.”
Cognitive rehab helps TBI patients relearn their own abilities using specific strategies to make up for injury-related deficits. For example, someone who has trouble recalling words might learn to remember them by associating them with a familiar object. In this way, they build new neural pathways.
Traumatic brain injuries often cause changes in personality as well as executive functions like memory and reading. Cognitive therapy helps TBI patients address personality changes, too. Patients learn to recognize negative thought patterns. The solution may be as simple as taking a mental “time-out” and breathing deeply for 10 seconds.
Last year researchers at the Defense and Veterans Brain Injury Center in Washington found that cognitive rehab - learning how to think through tasks - enhances cognitive recovery and helps patients return to work or school at a higher rate than those whose treatments focus on the physical aspects of tasks. The earlier the patient begins cognitive therapy, the better the outcome.
Unfortunately, most health insurance plans do not cover cognitive therapy!
“You’d never have a problem getting insurance to cover a broken bone or injured shoulder, but it is routinely denied for therapies that help brains heal,” said Susan H. Connors, president and CEO of the nonprofit Brain Injury Association of America. “Brain injury is often invisible since changes are on the inside. Because of this, help and awareness are not as widespread as they should be.”
O’Brien reminds families of people with TBI that the recovery will be a marathon and not sprint. If you or a loved one has suffered a traumatic brain injury, you need an experienced attorney who can get you the monetary settlement you need to make a full recovery. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: traumatic brain injury
Most cases of Chiari malformation (CM) are thought to be caused by defective fetal development of the brain and spine. CM can also be acquired later in life because of injury, infection, poisoning, or anything that drains cerebrospinal fluid.
A Chiari malformation (CM) may cause headaches, dizziness, vision problems, insomnia, depression, or more serious conditions. For instance, CM may impede the flow of cerebrospinal fluid, causing it to build up in the brain; this is know as hydrocephalus, and it cause affect mental function as well as the shape of the skull. Many people, however, do not even know that they have a CM, as it is asymptomatic.
Auto accidents and other traumatic injuries can cause asymptomatic CM to become symptomatic. A major medical study by Dr. Thomas Milhorat, MD, found that people with asymptomatic or mild CM typically have an underdeveloped cranial cavity and a crowded hindbrain. Auto accidents and other injuries can easily exacerbate this delicate condition by pushing the cerebellum farther into the foramen magnum, causing a CM symptoms to appear.
The World Chiari Malformation Association has published several trauma testimonials in which people describe suffering from Chiari malformation after a car accident. Here are a few of the stories:
“I was at a stop sign on November 3, 1995 when I was hit head-on by another car. Since then I have had all sorts of problems. Before my accident I was very healthy, working out every day etc. Now I have Arnold Chiari Malformation. Unfortunately, I had to go through 6 neurosurgeons in order to find one that specialized in ACM. I have had six surgeries since my accident...four of which were for ACM and SM. I deal with chronic pain every day now since this accident.”
“I was diagnosed with chiari during the summer of 1986. I had few symptoms at that time, and a neurologist told me then that if the chiari ever became truly troublesome, then surgery would be an option . In December 1996 , I was a passenger in a car that was stopped to make a left turn. We were rear-ended by a car going around 50 mph , and the back of my head struck the seat/ head rest. Within several hours, my symptoms got worse and continued to worsen for several weeks. Headaches and dizzy spells became constant along with many other symptoms commonly associated with ACM. One afternoon I passed out several times in my yard while trying to get into my house. A friend drove me to a nearby hospital where I was admitted and observed for several days. After seeing several specialists and undergoing many tests, it was discovered that my tonsillar herniation (ACM), which was 5 - 8 mm before the accident, was now 8 - 12 mm. It was explained to me by a world renowned ACM expert that my tonsils had herniated further due to the head blow.”
“In 1994, I was a passenger in a car that ran a red light, hitting another car head on. I was checked out at the local ER and sent home, with mild head injury, whiplash etc. The next day I woke up sick to my stomach, my left arm was numb, and I began having severe headaches and neck pain. After 2 years of suffering with symptoms, the doctor finally sent me to a neurologist where is was determined I had partial complex seizures. I spent one week at the neurology unit of University of Penn. Medical center. The doctors there confirmed that my seizures were caused by the car accident. I continued to have other symptoms so an MRI was done, finding the ACM. I had my first decompression in March 1997. We were not aware that ACM can be started by a trauma, although our neurosurgeon did say it is very possible. Before my accident, I had went to the doctors only a few times over a seven year period. I was very healthy, never had anything wrong. After the accident, in a two year period, I had seen the doctor over 60 times.”
Suffering from a Chiari malformation after an auto accident can be a painful, frightening experience that will likely require many doctor visits and surgeries. To make matters worse, it can be difficult to prove in a court of law that Chiari malformation symptoms were caused by an auto accident.
If you suffer from a brain injury due to an auto accident or other personal injury, you need an experienced attorney who understands your condition as well as the law. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto accident, car accidents, car wreck, traumatic brain injury
In 1994, Bill Benish was a 20-year-old working his family’s 300 acre farm near Elk Mound, Wisconsin. As a high schooler he had won awards from the Future Farmers of America association, but the experience from FFA and years working on the family farm couldn’t prevent a tragic accident that almost cost Bill his life.
The incident occurred when a 10-ton chopper box wagon filled with silage fell on Bill’s head. When the wagon, which had been jacked up, fell, the left side of Bill’s head took the full force of its weight. Luckily, even though he was unfamiliar with CPR, Bill’s father had the presence of mind to pump Bill’s chest. This quick thinking dislodged a blood clot that was blocking Bill’s airway and likely saved his life.
More quick thinking and well-trained medical personnel saved the day every step of the way. Bill was taken by emergency responders to Sacred Heart Hospital in Eau Claire, Wisconsin where doctors put him in a coma to prevent brain swelling. Doctors told Bill’s parents, John and Carol, that he would not survive. The family prepared for the worst as days passed and tests showed no progress. They even discussed organ donation.
But then the incredible happened and tests began showing blood flow to Bill’s brain.
Out of the coma, Bill’s family was instrumental in helping him recuperate. Knowing that his son was an avid card player, his father John devised a test where he had Bill put a deck of cards in order by suit, number and character.
After passing his father's impromptu neurological test with flying colors, Bill embarked on the long road to recovery at Learning Services in Middleton. Bill’s injuries were so severe that he had to relearn life skills from crawling and walking to eating and drinking.
Perhaps fortunately for Bill, he does not remember many of the details of those trying times. Besides, that was 15 years ago and Bill now leads a full and productive life. He was able to get a driver’s license, which has allowed him to work several jobs since his recovery. These jobs include, touchingly, working as a delivery driver for the very newspaper that recently published Bill’s heartwarming story. He also has his own home, where he lives with his parents.
"I feel so good," Bill told the Dunn County News. "I made so many friends."
While every single traumatic brain injury is a tragedy in its own right, it is gratifying to read the stories of survivors like Bill Benish who never let their injuries get in the way of their normal, active lives. Here at MLN Law we are proud to honor Bill and his family, who did not let a terrible, senseless tragedy get in the way of a full, happy life.
Labels: traumatic brain injury
Luckily for sufferers of TBI ,scientists right here in Atlanta are on the case. The renowned Emory Univeristy Medical Center has been awarded a 14.5 million grant to work with Grady Memorial Hospital and the Morehouse School of Medicine to study a new treatment for traumatic brain injury.
The treatment would involve using the hormone progesterone on sufferers of traumatic brain injury. The same Emory scientists have previously studied this treatment with promising results and this new study would build on successful findings.
“We found a 50 percent reduction in mortality in those patients treated with progesterone,” said lead investigator Dr. David Wright of the pilot study. “Furthermore, we found signs that progesterone improved functional outcomes and reduced disability in patients with moderate brain injury.”
The National Institute of Health (NIH), which awarded the grant, has also promised another $14 million in grant money if the three-year study reaches certain goals. The study will include 1,140 patients in 17 medical centers in 15 states, with Grady Memorial Hospital serving as the lead research center. Doctors from Morehouse and Emory both work out of Grady routinely, and that practice will allow them hands on access to the study.
Previous versions of this study have found that progesterone can actually cut the near-term mortality rate of victims of traumatic brain injury in half. It has also been found to possibly curb the severity of non-fatal traumatic brain injuries.
"Progesterone offers a number of advantages over other experimental treatments for traumatic brain injury," said a previous report by researchers. "Because it is lipid soluble, it rapidly crosses the blood-brain barrier and reaches equilibrium with the plasma within an hour of administration. It has a long history of safe use in men and women. The intravenous formulation we used can be easily administered by peripheral line. Because the agent is widely available in generic forms, it is inexpensive."
Traumatic brain injury is also all too common for soldiers. Not only could this treatment help victims of accidents, perhaps it could also help the brave men and women serving on the front lines of the current conflicts.
If you’ve been the victim in an accident and experienced a traumatic brain injury then you may have legal recourse. 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.
Labels: atlanta, Georgia, traumatic brain injury
If you’ve suffered a brain injury, you should learn the appropriate steps to take for a traumatic brain injury so that you can make a full recovery. Of course, you should seek medical assistance immediately. Some brain injuries require immediate neurosurgery. If you witness a brain injury, try to keep the victim warm to protect against shock. Do not move the victim, but place a cloth over any wounds that are bleeding badly.
Once the victim has been taken to the hospital, it’s time to consider legal action. That may be the last thing on your mind, but if another party is at fault, then you must act quickly to begin legal proceedings. The longer you wait, the weaker your case becomes. Contact an attorney as soon as possible.
An experienced traumatic brain injury attorney will see to it that the guilty party pays for damages, pain, and suffering. A traumatic brain injury will change your life, but it doesn’t have to be for the worse. Recovery from traumatic injury will be difficult, but it can also be a rewarding and enlightening experience.
Craig J. Phillips, traumatic brain injury survivor, explains how his injury built him up rather than keeping him down: “I am a traumatic brain injury survivor and a master's level rehabilitation counselor. I sustained an open skull fracture with right frontal lobe damage and remained in a coma for 3 weeks at the age of 10 in August of 1967. I underwent brain and skull surgery after waking from the coma. Follow-up cognitive and psyche / social testing revealed that I would not be able to succeed beyond high school.
“In 1967 Neurological Rehabilitation was not available to me, so I had to teach myself how to walk, talk, read, write and speak in complete sentences. I completed high school on time and went on to obtain both my undergraduate and graduate degrees.
“Through out my lifetime I developed strategies to overcome many obstacles and in so doing I have achieved far beyond all reasonable expectations. On February 6, 2007 at the encouragement of a friend I created Second Chance to Live... which presents topics in such a way to encourage, motivate and empower the reader to live life on life's terms. I believe our circumstances are not meant to keep us down, but to build us up.
“As a traumatic brain injury survivor, I speak from my experience, strength and hope. As a professional, I provide information to encourage, motivate and empower both disabled and non-disabled individuals to not give up on their process.”
Craig J. Phillips is living proof that you don’t have to give up hope after a devastating traumatic brain injury. Your life can be more rewarding than ever.
If you have questions about the legal aspects of traumatic brain injury, contact MLN Law at (404) 531-9700 now to schedule your free consultation. Don’t delay; your attorney must move quickly to preserve and collect evidence.
Labels: traumatic brain injury
Eighteen-year-old Courtney Brinckman always stood out from the crowd in Michigan City. A 4.0 student and the class valedictorian, she was a four year track star and champion at pole vaulting.
"If there were ever the golden student, Courtney's the one," said Linda Meyer, a guidance counselor at Michigan City High School.
Courtney had been a special all her life, and accorded to friends and family, excelled at everything she tried. She was a gifted gymnast before switching to track and field in high school, and her name is one of many highlighted among Michigan City High School’s track record breakers.
In fact, the day of her tragic accident, Courtney had just finished breaking her own (and the school’s) pole vaulting record when, taking a practice attempt, she slipped, fell backwards, and hit her head. Some reports say that she landed directly on her head, but whatever the case may be, Courtney was rushed to the hospital.
At the hospital, Courtney was kept sedated and in a coma-like state in order to keep her brain from receiving too much stimulation. Her family and school friends worried that she would not get to graduate with her class, and perhaps not even take the full ride scholarship she had received to Indiana University in Bloomington.
"It's May, and she was so close to reaping all the benefits of her hard work that it was just really devastating for all of us," said Meyer.
Perhaps it was to be expected, but Courtney excelled at healing just like this smart and persistent teen excelled at everything else. Last Sunday, wearing a helmet to protect her still healing head injury, Courtney Brinckman graduated with her high school class.
Courtney’s brain had swelled after the accident, and doctors performed a procedure called a decompressive craniectomy that took off a section of her skull to counteract the swelling. At the graduation ceremony, part of Courtney’s brain was only protected by skin, hence the helmet. She also can’t smell or taste anything yet, but in an article on the WNDU television station’s website, Brinckman demonstrated some of the optimism that undeniably helped her through her ordeal:
"I'm thinking I've only been awake for three weeks now and I've made this much progress, I’m thinking in a couple of months I'll be just fine, back to my normal self.”
Courtney will undergo another surgery on June 24th in order to reattach part of her skull, and after that, the teen plans to take her University of Indiana scholarship and study pre-med, a fitting major, for someone who has benefitted so much from the miracles of medicine.
For more on this story
Michigan City high school student overcomes odds, walks in graduation, WNDU.com
Labels: traumatic brain injury
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.
Labels: auto accident, brain injury, car wreck, TBI, traumatic brain injury, whiplash
“News stories about tragic head injuries - from the death of actress Natasha Richardson to brain-injured Iraq war soldiers and young athletes - certainly underscore the need for a simpler, faster, accurate screening tool, said brain injury expert Jeffrey Bazarian, M.D., M.P.H., on the site MedicalNews.com. Bazarian is an associate professor of Emergency Medicine, Neurology and Neurosurgery at the University of Rochester Medical Center, and a co-author on both recent studies.
Currently, the CT scan is still the most accepted method of diagnosing traumatic brain injury in the U.S. The S-100B test, though, is much faster, taking about 20 minutes to get results and could spare many patients unnecessary radiation exposure from a CT scan.
According to MedicalNews.com, there are more than 1 million emergency room visits annually for traumatic brain injury (TBI) in the U.S. The majority of these visits are for mild injuries, primarily the results of falls and motor vehicle crashes. According to the site, the challenge for doctors is to identify which of these patients has an acute, traumatic intracranial injury, something that is not always evident, and which patients can be observed and sent home.
The recent tragic death of Natasha Richardson is one example of just such a tough clinical decision. Richardson suffered from “Talk and Die” syndrome, where, though her traumatic brain injury was not immediately apparent, she soon succumbed to intracranial injuries.
According to Bazarian’s colleague, Brian J. Blythe, M.D., the S-100B test can tell doctors critical information about how the blood-brain barrier (BBB) is functioning after a head injury. In head injuries, the BBB is a gate between the brain and peripheral circulation. This gate sometimes, but not always, opens after a traumatic brain injury. Knowing the gate’s status allows doctors to determine whether medications given will actually reach and repair the brain damage. Further, if the brain swells after damage, doctors only have a very small window of time to administer proper treatment. Though, according to Bazarian, not a cure all, the S-100B, test with its 20 minute results time, would be an effective diagnostic tool when doctors have to make tough decisions about traumatic brain injuries.
If you or anyone you know in Georgia has experienced ill-effects, up to and including death, as the result of a traumatic brain injury, you may have legal recourse. Call MLN Law at (404) 531-9700 for more information.
For more on this story:
Blood Test for Brain Injuries Gains Momentum, Medical News Today
Labels: solid medical advice, traumatic brain injury
The call Kate’s parents received after midnight on that May night was every parent’s nightmare come true. Kate was being flown to Boston Medical Center, and the extent of her injuries was unknown.
“I was emotionally crippled for a moment of time. It was touch-and-go for three days, where she was on life support and in a coma,” said Kate’s mother, Karen Evans, in an interview on a local news site.
Kate’s family waited at the hospital for the doctors to determine the extent of Kate’s injuries and offer a prognosis. They only knew she had suffered a traumatic brain injury and that a piece of metal was embedded in the side of Kate’s face, a shard that, if removed, could cause paralysis of the facial nerves.
Kate slept for three weeks. While she was out, the doctors finally diagnosed her with a diffuse axonal injury. Diffuse axonal injuries are among the most common traumatic brain injuries, occurring in approximately half of sufferers. Instead of concentrating in a single area of the brain (i.e. a focal brain injury), they occur over a widespread area. Or, as Karen Evans put it, ““It’s like if you take three different forms of Jell-o and swung it around so it’s all meshed into one.” Later, when Kate was finally allowed to go home, she recalls holding a shampoo bottle, sobbing as she realized that she was physically unable to remove its cap.
But fortunately, Kate’s story has a happy ending. She made the decision to power through her therapy, earning her the nickname “Diesel.” And on March 31st, less than a year after the injury that almost literally turned her brain to Jell-o, Kate Evans was back on the lacrosse field for her first game of the year.
Beyond her triumphant lacrosse return, Kate is now choosing between her two top choice colleges, where she plans to go into interior design. Kate Evans is a role model – a young woman who did not let incredible obstacles stop her from carrying on with her promising life.
As medical science advances, more and more traumatic brain injury stories will end like Kate Evans’. Until that time, if you have suffered an accident resulting in a traumatic brain injury, you may have legal rights. Call MLN Law at (404) 531-9700 and speak with an aggressive, caring lawyer who can help.
For more on this story:
Kate Evans returns from traumatic injuries to the Chieftains girls lacrosse team, WickedLocal.com
Diffuse Axonal Injury, BrainandSpinalCord.com
Labels: traumatic brain injury
If so, you should contact an experienced Marietta personal injury lawyer immediately.
Michael Lawson Neff specializes in personal injury cases in areas such as inadequate security, medical malpractice, violent crime, premises liability, catastrophic events, wrongful death, worker's compensation, traumatic brain injury, and more.
Conveniently located near Lenox Square, The Law Offices of Michael Lawson Neff will help you recover all the relief that you deserve.
Why You Should Contact Michael Neff, Marietta Personal Injury Lawyer
Michael Neff is an experienced Atlanta and Marietta personal injury lawyer who has handled all facets of personal injury and civil litigation including mediation, arbitration, and trial. He is recognized as an Advocate by the National College of Advocacy and a member of the Georgia Trial Lawyers Association and its Tractor Trailer Litigation Section.
Michael Neff is also a member of the National Crime Victim Bar Association, and he has been interviewed on radio for both personal injury litigation and business litigation. He graduated from George Washington University and earned his law degree (J.D.) from The Dickinson School of Law at Pennsylvania State University.
Additionally, Michael Neff truly cares about people. He is active in his community in the Marietta and Atlanta area. He has served as president of the Atlanta Junior Chamber of Commerce and leader of his Sunday school class at church.
Mr. Neff fondly recalls a heart-warming moment from his career: "One experience that I will never forget happened when a new client came in to seek help with regard to a divorce. She brought in two little ones, and told them to wait in the waiting room while she spoke to the lawyer.
"Fortunately our waiting room had coloring books and other things to distract the children. Midway through the interview I had to leave the office to get another note pad. When I walked into the hallway for the pad, I heard the little girl ask her brother, 'Where is Mommy?' Her brother, about seven or eight years old pointed at me and said, 'She is talking to that man. He is going to help her.' At that time, I realized that I had made the right decision to go to law school.
"Since I have gotten out of law school, I have formed my own practice. I focus primarily on representing those people that have been injured through no fault of their own. I still feel good when I am able to help someone get through a bad situation and get back on their feet."
If you need help getting back on your feet and recovering the relief you deserve, contact Michael Lawson Neff today.
Why You Must Act Now
If you have been injured, you must act quickly. If you delay, you could lose your right to sue for recovery. Plus, over time, important evidence may be destroyed, or access to it may become limited.
Schedule your free consultation now:
Contact Michael Neff at (404) 531-9700 or mneff@mlnlaw.com.
Labels: atlanta medical malpractice, Georgia personal injury lawyer, traumatic brain injury, worker's compensation, wrongful death
Richardson was skiing without a helmet at the Mont Tremblant Resort in Quebec, Canada when she took a tumble on the bunny slope. According to witnesses, she laughed about the fall and refused medical attention, even after the ski resort followed proper protocol and called for an ambulance. Immediately after the fall, she was able to make conversation and walk unassisted back to her room at the resort. It was only an hour later that she began complaining of head pain. After that, her health began deteriorating rapidly and reports say that she was brain dead soon after. She died after transport to a New York hospital.
Richardson’s death demonstrated a medical phenomenon called the “talk and die” syndrome. These patients suffer an apparently minor head injury, but then quickly degenerate and die very shortly after due to intercranial causes. According to the Journal of Clinical Neuroscience, “talk and die” syndrome patients only make up about 2.6% of all traumatic brain injury patients, but that relatively small number should not preclude patients from getting immediate medical attention after any head injury, no matter how seemingly minor or trivial.
What exactly is traumatic brain injury?
Traumatic brain injury (TBI), is caused when any sudden trauma – such as a blow, a stab, or, as in Richardson’s case, hitting the head as the result of a fall – causes damage to the brain. Symptoms after the injury can be mild, moderate or severe and the patient may remain conscious or slip into unconsciousness for just a few seconds. Unlike Richardson’s case, not all TBI’s result in death, and some people remain untreated, unaware that their life is being effected by a serious injury.
According to the National Institute of Neurological Disorders and Stroke, “other symptoms of mild TBI include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking.“
People suffering from moderate to severe TBI may have additional symptoms such as, “headache that gets worse or does not go away, repeated vomiting or nausea, convulsions or seizures, an inability to awaken from sleep, dilation of one or both pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination, and increased confusion, restlessness, or agitation.”
If you or anyone you know in Georgia has experienced ill-effects, up to and including death, as the result of a traumatic brain injury, you may have legal recourse. Call MLN Law at (404) 531-9700 for more information.
Labels: fall, traumatic brain injury
Michael Neff is an experienced Atlanta lawyer who understands the challenges that people face after being injured. Frequently after an on the job injury, you will help to obtain the medical benefits and income benefits you need.
Common workers' compensation injuries include:
· Back injuries
· Loss of limbs
· Traumatic brain injuries
· Spinal cord injuries
· Neck injuries
· Carpal tunnel syndrome
· Repetitive stress injuries
· Burns
· Wrist injuries
· Foot and ankle injuries
· Knee and leg injuries
· Shoulder injuries
· Hip injuries
· Heart attack and strokes
· Hearing loss
· Vision loss
· Workplace fatalities
· Occupational diseases
What Are Occupational Diseases?
An occupational disease is a chronic ailment that results from work activity. Some well-known occupational diseases include:
· Asbestosis for miners and those who work with asbestos insulation
· Black lung for coal miners
· Carpal tunnel syndrome for data entry workers
· Lead poisoning
· Radiation sickness for those in the nuclear industry
When it comes to on-the-job injuries, as long as you follow the proper steps, the law will see to it that you get medical treatment and some protection for lost wages.
If you are injured on the job, follow these steps to make sure that you'll be able to get workers' compensation benefits:
1) Report the incident to your supervisor immediately.
2) Make sure that a written report is made – even if you have to write it up yourself and hand it to your supervisor. Keep a copy of the report for yourself.
3) Find your employer's list of doctors that you're allowed to see if hurt on the job.
4) Let the insurance company know that you have a claim.
5) Be aware that you have only 1 year to file a claim.
In some cases, a person can file a personal injury claim in addition to workers' compensation. For example, if you're involved in an auto accident while on the job, you may be able to get workers' compensation benefits and sue the driver at fault for personal injury compensation.
Workers' Compensation and Insurance Companies
Many insurance companies will go to great lengths to avoid paying income benefits, even if a doctor has told you to take time off after an injury on the job.
When there's a dispute between an injured worker and an insurance company or employer, Georgia's State Board of Workers' Compensation rules on the case.
In many cases, you'll have to appear before an administrative law judge to force the insurance company to pay your benefits. The insurance company will hire an attorney who will try to deny you benefits. That's why it's important to hire an attorney well-versed in workers' compensation law.
Workers' Compensation Benefits
According to the Workers' Compensation Act, employees who are totally disabled by a work injury are entitled to the lesser of 2/3 of their average weekly wage or $500 a week. If you've been temporarily disabled due to an injury on the job, you can receive up to $334 a week. Workers who become permanently and partially disabled may also be entitled to benefits.
Get the Workers' Compensation Benefits You Deserve
If you've been injured on the job, contact Michael Neff today to make sure you get the benefits you deserve. As an experienced Atlanta workers compensation lawyer, Michael Neff is well-versed in State Board rules, statutes, and precedents. Contact Michael Neff at (404) 531-9700 or mneff@mlnlaw.com. For more information, see Workers' Compensation – Atlanta Personal Injury Lawyer.
Labels: asbestosis, Atlanta injury lawyer, Georgia personal injury law, neck injury, spine injury, traumatic brain injury
Note that medical malpractice claims are not limited to physicians. If you have been injured, you can also sue other healthcare professionals such as nursing homes, surgeons, nurses, dentists, chiropractors, therapists, and psychologists.
Common medical malpractice claims include:
· Misdiagnosis of disease, including failure to diagnose cancer
· Infections
· Traumatic brain injury
· Obstetric (OBGYN) malpractice, including labor and delivery mistakes such as improper use of forceps or failure to perform a c-section when necessary
· Birth injuries
· Cerebral palsy
· Unnecessary surgery
· Surgery mistakes, including anesthesia mistakes and foreign objects left inside the body
· Nursing home neglect
· Abandonment/Failure to attend to patient
· Defective medical devices
· Improper prescription
· Medication errors
· Emergency room mistakes
· Lack of informed consent
· Wrongful death
Medical malpractice cases are complex and difficult, and healthcare providers rarely settle a case without a legal battle. If you're suing a doctor or healthcare provider for medical malpractice, expect a long fight against a lawyer who specializes in defending medical malpractice claims. That's why you need an attorney with special expertise in medical malpractice. The Law Offices of Michael Lawson Neff will provide that expertise and guide you through the process of claiming your due compensation.
While the majority of medical malpractice cases are settled out of court, Michael Neff and associates thoroughly prepare to go to trial with every case.
Do I have a medical malpractice case?
To determine if you have a medical malpractice cases, ask yourself these three questions:
1) Did your doctor or healthcare provider owe a duty to you as the patient? Generally, when you go to a doctor who agrees to treat you, then the doctor assumes the duty to treat you with competent care, drawing upon appropriate training and skills.
2) Did your doctor or healthcare provider injure you by providing a level of care that was less than that which could be expected from a reasonably competent doctor in diagnosing and treating the same condition? In the state of Georgia, you must present expert testimony to show that the healthcare provider departed from that standard.
3) Did your doctor's or healthcare provider's actions cause harm to you? In order to have a medical malpractice case, there must be a close causal connection between the action by the doctor and the harm to the patient. In some cases, it can be difficult to prove that the doctor caused the harm, and defendants will often claim that something else caused the harm.
With an experienced attorney on your side, you may be able to sue for mental or physical pain and suffering caused by your injury, lost wages, medical expenses, and other economic damages resulting from the injury.
Preparing for Your Medical Malpractice Claim
Before you meet with your lawyer, you'll need to get your medical records. You're entitled to copies of your records, and you need to make it clear to your healthcare provider's staff that you know you're entitled. Specifically, you should request "each and every page of medical record information available including, but not limited to: Office notes, discharge summaries, history, physical exam, progress notes, operating reports, operating room records, anesthesia sheets, consultation requests and reports, all laboratory and imaging results, memos, letters, insurance forms, bills, and all other written records concerning me in your possession."
Do not take "no" for an answer, and do not accept mere summaries of records. You're entitled to your full medical records. You may need to sign for them, and you may be asked to pay a copying charge, but a healthcare provider cannot refuse to release your records. If they do refuse to release your records, ask for the refusal in writing so that you can submit it to the State Medical Board and Secretary of State. That should do the trick.
Finally, contact your attorney as soon as possible. The average medical malpractice case lasts three years; the sooner you get started, the better.
Contact Michael Neff today at (404) 531-9700 or mneff@mlnlaw.com.
For more information, see Medical Malpractice – Atlanta, Georgia Personal Injury Lawyer.
Labels: atlanta medical malpractice, atlanta personal injury, injury damages, injury settlements, negligence, traumatic brain injury
Traumatic brain injury is most common among those between the ages of 15 and 24 and above 75. Young children are also at high risk for head injury.
Treatment of traumatic brain injuries may include surgery, pharmaceuticals, rehabilitation (including physical therapy, occupational therapy, and speech therapy), and psychological counseling.
Approximately half of those with severe head injuries require surgery. Common disabilities resulting from severe head injury include problems with thinking, memory, and reasoning; problems with sensory processing of sight, hearing, touch, taste, or smell; changes in behavior or mental health, including depression, anxiety, and aggression. Serious brain injuries may also lead to unresponsive states, coma, or vegetative states.
Traumatic brain injuries may also cause personality changes; in fact, this may be the most noticeable symptom. In 1848, for example, railway worker Phineas Gage suffered a severe head injury when an explosion sent a three-foot iron rod through his skull. He never lost consciousness. While he survived the accident; Mr. Gage, a formerly quiet, mild-mannered man became a totally different person – crude, obscene, and self-absorbed. His personality problems persisted until he died nearly 20 years later.
Often, only close friends and family members notice the personality changes that result from traumatic brain injury. These changes may not appear until days or weeks after the injury.
If you or someone you love has suffered a traumatic brain injury, you can learn more from the Brain Injury Association of America. You may also be interested in Traumatic Brain Injury: Hope Through Research, a booklet about traumatic brain injury prepared by the National Institute of Neurological Disorders and Stroke (NINDS).
Unfortunately, people with traumatic brain injuries often face economic hardship on top of physical, mental, and emotional problems. In the United States, direct medical costs of brain injury plus indirect costs (like lost productivity) total over $60 billion per year!
A life-changing head injury can make you feel helpless, hopeless, and frustrated – but you do not have to face it alone. Michael Lawson Neff can help. As an experienced Atlanta traumatic brain injury lawyer, he has the expertise and resources to help you win your claim. Michael Neff will help you conquer those feelings of helplessness and hopelessness by securing your future with just compensation.
Situations in which someone else may be at fault for a traumatic brain injury include vehicle crashes, sports-related accidents, work-related injuries, assault, slips and falls, and product liability. Additionally, children may suffer brain injury from poisoning by lead paint dust in older homes and apartments.
In Georgia, if someone else's action (or lack thereof) contributed to a traumatic brain injury, victims and their survivors may sue for damages including medical costs, lost wages, pain and suffering, and property loss.
My personal injury clients are not "cases" to me; they are people whose lives have been forever changed through no fault of their own. – Michael Lawson Neff, Atlanta Traumatic Brain Injury Lawyer
If you believe that someone else may be legally responsible for your head injury or that of a loved one, contact Michael Neff as soon as possible. He will help you get the compensation you deserve. It's important to act now because evidence may be compromised or lost as time passes. Contact Michael Neff now at (404) 531-9700 or lawyer@mlnlaw.com. For more information, see Traumatic Brain Injury.
Labels: car accidents, Georgia personal injury lawyer, traumatic brain injury, trip and fall
The family as well as the head-injured person is traumatized when a severe head injury occurs. The person they depended on and loved is no longer the same. The family is placed under extreme stress to assume unaccustomed roles, which may include caregiving, becoming breadwinners, and advocating on behalf of the injured person.
This, along with the possible changes in physical functioning and personality suffered by the person with a head injury, may place an unusual burden of stress on members of the family. It is not uncommon for family members to occasionally react in ways that others do not understand. Some family members may choose to immerse themselves in efforts to help the injured family member while other family members may be emotionally unable to cope with the situation and need to distance themselves from trauma.
After a person suffers a severe head injury, the family reaction will be ever-changing as their expectations change. Over the course of the hospitalization, rehabilitation and reintegration into the community, they sense the "loss" of the person they once knew and loved and begin to know and love the person who may be altered somewhat as a result of the trauma. Mourning the loss of that person is important to emotional well-being.
Most people go through a grieving process which is a natural and normal part of accepting what has happened. These stages include:
Denial: "No, this couldn't have happened to us..."
Anger and frustration: Family members may feel anger towani anyone who could be seen as the cause of the injury. They may feel victimized and frequently develop a hostile attitude directed toward those professionals who are working with the injured person and cannot "fix" the problem.
Depression and withdrawal: Family members may lack the motivation to care for themselves, physically and emotionally. They may feel isolated when friends, who were very supportive initially, become less involved as the process of restoration of the injured person drags on. With few social contacts, the family may become more hopeless and less functional.
Acceptance: The family, over an indefinite period of time, should begin to accept the changes that have occurred in their loved one and begin to heal. The process of mourning the loss of the person may confuse the issue of acceptance, but ultimately both the family and the person with the head injury must accept what cannot be changed and learn to get on with a life of the highest quality possible.
The following is a list of guidelines to help family members minimize their stress.
Family members should:
Maintain contact with friends and activities that they enjoy.
Work out a rotating visitation schedule with other family
members. This will allow needed time for themselves.
Be aware of the needs of other family members. They need
to know that they have not been forgotten.
Ask and accept help from others. This assistance could be such activities as running an errand, mowing the lawn or bringing in a meal.
Express feelings and do not try to keep everything inside. Talk to other family members, the social worker, a minister, a case manager, or anyone with whom they feel comfortable.
The patient's family should be involved in the recovery, rehabilitation and readjustment process to the greatest extent possible. The primary role of the family and/or significant others is one of advocacy on behalf of the person with the head injury.
No family is prepared for this unfamiliar task which might include a commitment of time and effort that is often difficult to maintain for many reasons, the least of which is economic. They may be overwhelmed with uncertainties about the nature and extent of the injury, the need to understand how the injury will affect the person and the need to know how to plan for the future.
One of the first tasks the family can perform is that of family historian, to describe the injured person for the benefit of the health care professionals so that they can include this information in their interpretation of what is occurring with the patient. After all, the family knows this person better than anyone else.
Members of the family should ask the staff for guidance in working with the patient. This might include asking for information about equipment and procedures being used, determining how the family could enhance the therapy which is being delivered by the professionals, and requesting direction to other departments of the hospital that provide assistance (e.g., social services department, family education coordinator, etc.).
Throughout the recovery, which may extend over an undetermined length of time, family members can be supportive even when they are unable to be at the patient's bedside. Their advocacy efforts can play a major role in securing benefits to which the patient is entitled. These benefits may involve securing financial, insurance and employment information necessary in determining eligibility for various benefits and programs. It might include contacting the authorities and collecting information from the accident scene, in the event of a possible litigation; gathering information about traumatic head injury to assist with the advocacy; and joining with other families of persons with head injuries for mutual understanding and support.
Family members must realize that even the best medical care is incomplete without the loving concern and encouragement that comes from the patient's family There may be years of hard work before returning to pre-injury activity and possibly physical or mental disability that is never fully recovered. Families of persons with head injury must adjust to the fact that the recovery process is a slow "labor of love" for everyone involved. The patient must reach a certain level of accomplishment in each recovery stage before the next treatment will be beneficial. During this painstaking process it is natural for anyone to become impatient. Family members must not feel guilty about these feelings, but must come to understand that a task cannot go any faster than the injured brain. Simple tasks must be mastered before the more complicated mental and physical skills can be re-learned. The family members' role is to be as understanding as possible while still tending to their own needs and to support the individual's progress with praise and acceptance.
The role of the family will change with an extended rehabilitation process and the family members will need to adjust and adapt to these changes. The more severe the injury the more drastic these changes will be. All affected persons play changing roles and many will experience periods of isolation, loneliness, grief, guilt and helplessness. In time and with the support of those who care, all survivors and their families can find laughter and good times again.
Families of individuals with head injuries must realize the inescapable effects on and changes within the family structure. If the head-injured person is the income provider, there will likely be changes in marriage/family relationships, income, economic stability and social status. One or more family members may be forced to assume the role of provider. When the head-injured person is the homemaker, role revision again takes place. Duties and responsibilities must be shared by other family members.
When the injury is severe, parents of a head-injured child are faced with loss of dreams, in addition to the eventual realization that life-long care may be necessary. They must tackle the task of considering how to provide vocational, emotional and financial support for their child for a lifetime. Family and friends need to work together to help the head-injured patient toward maximum recovery and to reduce stress on the people carrying the greatest personal burden.
This may be a time of loneliness and isolation for the family. Family members spend hours at the bedside with the patient in a strange city, or even in their hometown. The worry and fatigue that families experience will leave little time to interact with others. Also, many people in the community are unfamiliar with head injury and this often leads to gradual withdrawal of contact and support to the family on their part. Families often need support from those who understand the pain and loss they are suffering.
Family members' ability to cope is very important and often professional support and guidance can be helpful. Also, support groups are available throughout the state, depending on the type of injury, for family members who wish to talk and to interact with others who have gone through similar experiences.
Information about support groups and resources to help families cope may be obtained through the local Disabilities and Special Needs Boards.
Labels: traumatic brain injury
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