The Injury Board Commentary - Head & Brain Injuries

Will Congress Help Families of Servicemen Killed By Iranian Terrorism? (UPDATED Feb. 2)

Andrew Cochran — Wed, 01 Feb 2012 17:01:59 GMT

UPDATE: The committee approved the special language assisting the families by a unanimous voice vote today. The language was changed last night to limit its application to Iran, and not to the other designated state sponsors, in order to more easily enact and implement the change in banking law.

In 1983, an Iranian suicide agent exploded a massive truck bomb, destroying a U.S military barracks in Beirut, Lebanon. The blast killed 241 American Marines, soldiers and sailors and injured hundreds more. The mass murder was a brutal, unprovoked attack on American servicemen. It also was a terrorist assault on the United States by the most active sponsor of State terrorism in the world, the Islamic Republic of Iran.

Over 1000 family members of the victims exercised their constitutional right to hold Iran accountable and sued in U.S. courts for that vicious attack. In 2007, the Chief Judge of the United States District Court for the District of Columbia found Iran liable for the Beirut bombing. He ordered it to pay $2.65 billion to the surviving victims and families. The families' attorneys identified an account of Iranian funds, laundered through Europe into the U.S. and stashed in an account at a bank in New York City, and the judge froze that account in order to satisfy the judgment.

But central banks of countries are granted immunity from attachment, even if the central bank is of a state sponsor of terrorism. The Iranian central bank has already notified a federal court in NYC of its intent to file a motion to lift the attachment. Absent special legislation, the order freezing the account could be lifted, and Iran could regain the funds in the account for use in its nuclear proliferation and terrorism activities.

So the families have turned to Congress to ask for legislation that would clarify that state central banks of terrorist states (Iran, Cuba, Sudan and North Korea) forfeit the immunity when their assets are surreptitiously laundered into the United States through money laundering jurisdictions. The bill language would affect only the central banks of the four state sponsors of terrorism, when they are caught surreptitiously laundering assets through the U.S. financial system.

On Thursday, the Senate Banking Committee will act on S. 1048, the Senate version of a bill designed to impose new sanctions on Iran. The House approved their version of this bill in December. The families are asking the Banking Committee to add the special language described above to the bill prior to action by the full Senate. I have been working with the families as a paid consultant as they seek justice through the enactment of this special legislation.

Unfortunately, the Obama Administration is opposed to the families' effort, apparently concerned that other countries might refuse to invest their funds in the U.S. or treat the Federal Reserve similarly. The families responded in a press release on Monday. Spokesperson Lynn Derbyshire, whose brother was killed in the attacks, said, "Everyone agrees that the most effective way to hold Iran accountable, short of war, is to deliver a blow to its government finances. The Obama Administration has been encouraging other nations to impose economic sanctions on Iran. Incredibly, however, it is opposing a clear and effective way to take $2.65 billion out of the Iranian financial system and directly punish Iran for a specific act of terrorism Iran would like America to forget."

The families deserve some measure of justice and the Congress must act to prevent Iran from accessing the $2+ billion in frozen funds. Hopefully the Senate Banking Committee will ignore the Obama Administration and add the special language to the Iran sanctions bill.

Originally posted at InjuryBoard by Andrew Cochran

Bicycle Helmets Recalled Due to Risk of Head Injury

Chrissie Cole — Tue, 31 Jan 2012 10:28:00 GMT

Triple Eight Distribution, has issued a recall of bicycle helmets for children and youth, because they failed to comply with CPSC safety standards for impact resistance. Consumers are at risk from suffering impact head injuries in a fall.

No reports have injury or incident have been reported regarding this recall, to date.

The recall involves multi-purpose helmets that are sold for use as bicycle helmets. The Little Tricky helmets are marked for children and young. They come in one size and are available in black, green, pink and white colors. View photos of the helmets here.

The recalled helmets were sold at bicycle and sporting goods stores, as well as other retailers and online from August 2006 to November 2011.

Consumers are urged to discontinue use of the helmet and to contact Trip Eight for a refund. For more information, contact the company directly by calling (888) 548-8518 or by visiting them online at www.Triple8.com.

If you’ve experienced a problem with the product listed above, please share your experience with the CPSC by visiting www.saferproducts.gov.

Originally posted at InjuryBoard by Chrissie Cole

NFL Going MDL?

Larry Coben — Mon, 23 Jan 2012 15:41:13 GMT

Last year, I filed the first federal concussion suits against the National Football League in Philadelphia, Pennsylvania.

Since then, many other Law firms have followed suit, and together nearly 200 former football players are involved, alleging the NFL failed to properly inform & treat their concussions.

This week, we will file additional suits on behalf of deceased players whose loved ones were lead to believe they died of Lou Gherig's disease, or ALS. "Turns out, they didn't have ALS. Their families donated their organs, including their brains, to the Boston University medical college. Analysis shows they suffered from what's called CTE."

CTE, or Chronic Traumatic Encephalopathy, is a progressive degenerative disease of the brain found in athletes with a history of repetitive brain trauma. CTE has a definitive cause, such as concussions, where as ALS, in 90% of cases, the cause is unknown.

On Thursday, a judicial panel will consider consolidating these two hundred and something lawsuits into a Multi-District Litigation.

Originally posted at InjuryBoard by Larry Coben

New Brain Injury Research by UVa and Other Med Schools on the Horizon

Greg Webb — Wed, 18 Jan 2012 13:16:15 GMT

According to an article appearing in Charlottesville, Virginia's The Daily Progress on January 17, 2012, more scientific research by over 100 medical schools, including the University of Virginia Medical School, soon will be devoted to brain injuries and post-traumatic stress disorders (PTSDs).

The research programs, encouraged by the federal government and the American Association of Medical Colleges (AAMC), will be devoted to traumatic and multiple brain injuries. The push to perform this research coincides with the return of soldiers from Iraq and Afghanistan, many of whom have suffered brain injuries.

According to Dr. Steven T. DeKosky, Vice President and Dean of the University of Virginia Medical School, UVa has already implemented a program, to which more curricula will be added. The program at UVa will be headed up by a retired colonel who served in Iraq, Dr. Ray Costabile. In a meeting with Virginia’s medical school deans at Virginia Commonwealth University (VCU) and First Lady Michelle Obama last week, DeKosky noted that "Brain injuries are what they’re calling a signature injury of these new wars."¹ These injuries often occur when soldiers are "blown backwards by an explosion and stopped by, [something like] a wall, and from being exposed to the blasts themselves."

Professor Donna K. Broshek, associate director of UVa’s Brain Injury and Sports Concussion Institute, said, "UVa was among the first places to look at the effects of sports injuries on the brain." Broshek also noted that at one time concussions were not thought to be a burgeoning medical research problem, but, along with the increased frequency of sports injuries came "the big question of the effect of multiple concussions."

Scientists will be examining and attempting to discern "the mechanism by which multiple injuries cause different effects to the brain than single injuries", DeKosky stated. He indicated that service members, like football players, "are likely to be subjected to repeated head injuries that they’re likely to avoid reporting.Frequently victims of concussions are highly motivated to disregard the symptoms and keep going." Soldiers want to get back to their unit, and players to their team, as soon as possible. Professor Broshek concurred, "The really important thing is when you get a concussion from sports you need to sit out until you’re fully recovered." It is hoped that the program at UVa will serve as a successful model for similar programs throughout the nation.

It is great to see this research taking place. Brain injuries are often overlooked or ignored by the injured, and their families, because the injured person may look fine, and may interact "normally" most of the time. These injuries also sometimes occur with falls and automobile crashes, where one may show no obvious, outward signs of physical injury. Sometimes, only the person or very close family members may be aware of problems, or that the injured is experiencing debilitating symptoms such as headaches, dizziness, nausea, photosensitivity, noise sensitivity, sleep loss, irritability and/or personality changes, and other symptoms. Hopefully, this research will help with diagnosing and treating, as well as preventing, many of these very serious injuries.

Originally posted at InjuryBoard by Greg Webb

Use Your Head on the Slopes. Wear a Helmet

Mark Bello — Mon, 16 Jan 2012 11:52:49 GMT

Two years ago, Natasha Richardson fell on a beginner slope. It was described as a "normal fall." She got up and walked away, complaining only of a bad headache and insisting she didn't need medical attention. In a few short hours she slipped into a coma and died.

Ms. Richardson’s death draws attention to what every person needs to know when they bump their head – a traumatic brain injury (TBI) is not easy to detect immediately. The pain is not immediate and is not recognizable as many injuries; TBIs can take days, even weeks to detect.

Just in time for ski and snowboarding season, Dr. Chris Magovern, cardiothoracic surgeon at Morristown Medical Center, Morristown, NJ, offers some helpful advice on how to avoid head trauma on the slopes and recognize head injuries. I encourage you to watch and I hope it will convince you that helmets can save lives and reduce TBIs. If you are a sports enthusiasts heading to the slopes, remember to always include a helmet as part of your ski wear.

Ma rk Bello has thirty-five years experience as a trial lawyer and thirteen years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporation which helps provide legal finance cash flow solutions and consulting when necessities of life litigation funding is needed by a plaintiff involved in pending, personal injury, litigation. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Business Associate of the Florida, Mississippi, Connecticut, Texas, and Tennessee Associations for Justice, and Consumers Attorneys of California, member of the American Bar Association, the State Bar of Michigan and the Injury Board.

Originally posted at InjuryBoard by Mark Bello

Retired Football Players Battle NFL

Michael Monheit — Mon, 09 Jan 2012 11:00:32 GMT

A storm is starting to brew in the courts over whether the NFL intentionally withheld information from players about the health risks of the game related to concussions and other traumatic brain injuries. Since July of 2011, more than a dozen lawsuits involving 120 former players have been filed against the NFL. Anapol Schwartz’s own Larry Coben, an expert in traumatic brain injury litigation, is lead attorney for a number of retired football players who have sued the NFL.

While the League is certainly no stranger to the court system, this current round of lawsuits pits fan-favorite retired players against their former employer in a way that could really damage the NFL’s image and change the game of football. That’s the issue that a recent New York Times article covering the lawsuits explores.

The lawsuits brought by the players and their families put the game of football itself under the microscope, with a particular focus on how the NFL has encouraged the game to be played. As Coben expressed in previous interviews, a big issue in the litigation is that players were told for decades to hit with their heads, all while the NFL concealed the harmful effects of concussions sustained when players did just that. Some of the lawsuits allege that this concealment went all the way to helmet manufacturers and whether the League really pushed those manufacturers to make the safest helmets possible.

The players, of course, would like their day in court in order to bring into the public light their current medical issues, which include dementia and other cognitive disabilities such as memory loss, impulse anger-control problems, and disorientation. According to the players, even though football is inherently risky, they weren’t informed about these risks when they entered the NFL, despite the fact that the NFL knew or should have known about them.

The League, of course, is worried about the show-down that might happen if any of the lawsuits make it to a jury trial. The retired players—many of whom are well known and continue to have fan support—will garner a lot of sympathy. And even though there will be challenges to proving what actually caused their current cognitive issues, the players will effectively be putting the game of football itself on trial.

Originally posted at InjuryBoard by Michael Monheit

Police Recruit in Norfolk, VA Treated for Head Injury

Jim Lewis — Fri, 06 Jan 2012 16:03:36 GMT

A police recruit in Norfolk, Virginia (VA), was knocked down during a training session and had to be taken to the hospital, according to the Virginian-Pilot. Doctors diagnosed the recruit with a mild concussion. What will probably surprise people is that the recruit was not actually hit in the head. He was knocked to the ground on his buttocks.

The recruit’s concussion highlights the fact that direct contact with the head is not specifically required for someone to suffer a head injury. The impact of a fall where another section of the absorbs the direct force can still have repercussions for a person’s brain.

The injury to this Norfolk police recruit is also a haunting reminder of the tragic death of John Kohn, who died from a brain hemorrhage after suffering multiple blows to the head by a police instructor.

I am handling the wrongful death lawsuit filed on behalf of Kohn's widow. It is currently pending in Norfolk Circuit Court.

The one bright spot in this tragic situation is that the Norfolk Police Department made changes to its training procedures after Kohn's death, including banning intentional strikes to the head and emphasizing the importance of identifying and reporting possible injuries of recruits.

About the Editors: The Shapiro, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.

Originally posted at InjuryBoard by Jim Lewis

Soccer Ball Heading Can Cause Cumulative Brain Damage

Greg Webb — Thu, 05 Jan 2012 08:00:00 GMT

Kids getting hit in the head too many times with a soccer ball can be just as dangerous as being hit in the head often while playing football. Sanjay Gupta, MD, reported recently on CNN that soccer players, a.k.a. "Footballers who often used their heads on the ball showed abnormalities similar to those found in patients with traumatic brain injury," according to scientists.　

The Daily Mail of November 29, 2011, also reported that researchers from the Radiological Society of North America examined through MRI technology the brains of 38 soccer players who began playing in childhood and who continued to play amateur soccer. They found that "the white matter of the brains of players who used their head more often was found to be similar to that in patients with traumatic brain injury." Not a happy thought if your children play soccer now, especially since soccer is currently one of the most popular sports worldwide for kids.

If there is good news at all about this, it is that Dr. Gupta maintains that hits in smaller numbers are not so troublesome, but "It’s when the number of headers reaches about 1,300 per year that the brain may begin to suffer traumatic brain damage." TimeHealth reported that "The brain changes were found in players who headed the ball 1,000 to 1,500 times a year — which amounts to a few times a day — but not in those who did so less frequently." On average, players in the study reported heading the ball more than 400 times a year.

Soccer practice is often where much of the damage takes place, with repeated head butting. Dr. Michael Lipton, lead author of the study and Director of Radiology Research at Albert Einstein College of Medicine, said, "Some people were reporting heading 5,000 times a year." Lipton also noted that excessive heading definitely seemed to be connected to impairment of memory and processing speed. To quote Lipton, "Soccer may not be as benign as people thought it was."

Benign? Maybe not. Having watched two daughters play soccer for more than the past ten years, in this writer's humble opinion, benign is something American soccer is not. As with all sports, parents, coaches, and players must use caution—especially with kids' heads.

Originally posted at InjuryBoard by Greg Webb

Be Aware Of Snow Skiing Dangers

Brett Emison — Tue, 03 Jan 2012 11:18:00 GMT

I was able to enjoy some time snow skiing with my family recently and thought I'd repost this blog on snow skiing safety.

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Happy New Year!

I was fortunate to get a few days off between Christmas and New Year's and spent the time with my family in Colorado. I must admit it had been a while since I had been snow skiing.

The dangers on ski slopes worldwide have been written about widely, particularly since the growth of snowboarding at ski resorts beginning in the late 1980s. While strapping two boards (or one wide board) to your feet and letting gravity propel you down the face of a mountain has inherent dangers to it as a recreation, proper training, appropriate use of caution, and the use of helmets greatly decreases the danger of a fatal collision on the slopes.

Don't let this happen to you:

http://www.youtube.com/watch?v=dWq3J8lKT6U

A study based on 2009 research posted on the web site Ski-Injury.com, led by Dr. Mike Langran in Scotland, reports that 47.7% of respondents reported sustaining a previous injury while snowboarding. Out of these reported accidents, 43.4% consulted a doctor as a result.

The National Ski Areas Association (NSAA) is a trade association set up for owners and operators of ski resorts, so they of course have a vested interest in downplaying danger on the slopes. Their report on skiing safety does allude to 45 fatalities during a recent season, though when considered over the course of “56.9 million skier/snowboarder days” cumulatively logged that season by resorts, that number is not laden with the same omnipresent danger that significant injury stats hold.

Given the rise of injuries on the slopes, a 2009/10 NSAA National Demographic Study shows that “57 percent of skiers and snowboarders wear helmets while enjoying the slopes at U.S. ski areas. Helmet usage among those interviewed nationwide increased 19 percent over the 2008/09 season, when 48 percent of those interviewed were wearing helmets. In comparison, only 25 percent of skiers and snowboarders wore helmets during the 2002/03 season.”

The best way to avoid a collision is to stay in control when skiing. Also, when waiting for others or merging trails, stop in a safe place, look uphill and yield. And, when possible, wear a helmet. According to Jasper Shealy, a professor at Rochester Institute of Technology who has studied ski related injuries, “recent research has shown that the use of helmet reduces the incidence of any head injury by 30 to 50 percent. (…) Approximately two-thirds of those who die who do not use a helmet have as the first cause of death some injury to the head.”

Interestingly, the use of a helmet is not as effective as some might think. From Shealy’s research again: “For those who die while wearing a helmet, only about one-third have a head injury as the first cause of death. It seems that while the use of a helmet may shift the distribution of the first cause of death, it is not sufficient to reduce the overall rate of death. In incidents leading to death, it appears that the severity of the incident simply overwhelms the ability of the helmet to prevent death.”

While skiers need to use appropriate caution (indeed, under Colorado law, skiers have a duty to ski within their abilities), ski resorts also have a duty to properly maintain their trails and appropriately mark hazardous areas. Failure to properly maintain and mark ski trails can lead to serious injuries or even death. A Park City, Utah woman has sued The Canyons ski resort for failing to post signs or ropes warning of converging ski trails and a sharp drop-off and curve that her husband - an experienced skier who was wearing a helmet when the crash occurred - was unable to navigate. The widow has claimed that proper warnings would have prevented the injuries that led to her husband's death.

Many ski resorts attempt to limit their own liability by forcing skiers to sign broad damage waivers. However, in Utah, the Supreme Court has ruled that such waivers cannot protect ski resorts from negligence claims saying that barring negligent-death suits is not in the best interest of society.

Ski-injury.com has this safety advice for snow skiers and snowboarders:

Follow FIS code on piste safety
Get professional instruction for safety guidance and proper form
Have your equipment inspected and checked regularly
Warm up and cool down properly
Recognize when you need a rest

Additional information on snow skiing safety:

Deep Snow Hazards Pose Dangerous Threat to Skiers and Snowboarders [Michael Myers - Seattle - Injury Board]
Skiing Accidents and Assumption of the Risk [John Cooper - Virginia Beach - Injury Board]
Ski Lift Safety Can Be Overlooked [Bret Hanna - Salt Lake City - Injury Board]

Follow @BrettEmison on Twitter.

Originally posted at InjuryBoard by Brett Emison

FL boy in critical condition with stray bullet in the head from celebratory New Year’s gunfire

Paul Napoli — Mon, 02 Jan 2012 13:15:44 GMT

Someone celebrating the New Year by firing a gun into the air has forever changed the life of a 12-year-old boy who suffered a critical head injury from the bullet as it fell back to earth.

According to CNN, Diego Duran was with his parents in the front yard of their Ruskin, FL home watching fireworks on New Year’s Eve when he suddenly fell to the ground and was bleeding from his eyes and nose.

“All of a sudden, hell breaks loose -- blood all over the place,” the child’s father Diego Duran Sr. told Central Florida News 13.

The parents did not know a bullet hit their son.

Sandra, the child’s mother drove the injured Diego to South Bay Hospital, where doctors found that Diego suffered a gunshot wound to the head. The bullet entered the top of his head and lodged in his cheek. They rushed him to Tampa General Hospital where he remains in critical condition. Doctors have not yet removed the bullet.

Law enforcement detectives spoke with area residents and could not find anyone who shot a gun into the air. However, the shot could have come from miles away.

Florida’s state, county and city governments have been at odds about gun laws. In 2011, the state legislature passed a law fining counties and municipalities for enacting or enforcing their own firearm regulations.

Anyone with information about the injury of Diego Duran should contact the Hillsborough County Sheriff's Office at 813-247-8200.

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Originally posted at InjuryBoard by Paul Napoli