The Injury Board Commentary - Spinal Cord Injuries - Most Popular

Survey Points To Economic Challenges Faced by Paralysis Victims

David Lowe — Tue, 21 Apr 2009 09:34:59 GMT

A survey about paralysis victims released today by the the Christopher & Dana Reeve Foundation reveals that 5.5 million people, nearly 2 percent of the United States population, have some kind of paralysis. Of these, 23 percent sustained spinal cord injuries.

The most noteworthy finding of the survey is that as many as 25 percent of the paralyzed population lives in poverty, with annual household incomes below $10,000. The cycle of poverty is frequently set up by the long delays the paralysis victims face in qualifying for Medicare benefits. They can’t work, their spouses often have to quit their jobs to become caregivers, and they lose their health insurance. The lack of health insurance results in untreated medical conditions, such as pressure ulcers from lack of mobility, leading to the development of additional health care needs, causing medical bills to grow and digging a hole from which many will never escape.

We have seen this happen to many car accident victims who sustain spinal cord injuries resulting in quadraplegia or paraplegia or other serious neurological injuries. As attorneys pursuing claims for these accident victims against auto liability insurers, we retain life care planners and economists to prepare reports demonstrating the costs to provide medical care and replace lost wages over the remainder of the victims’ lives. The figures usually come to millions of dollars for a lifetime of support. So when the car accidents have been caused by uninsured motorists, or when the liability coverage limits are insufficient, the victims will never have adequate compensation for their damages, and will at some point depend on governmental benefits to survive.

The situation for these spinal cord injury victims is bleak, but not without all hope. Organizations such as the Reeve Foundation are raising money to support research for medical breakthroughs and to promote legislative advances. And the decision by the Obama Administration to lift limitations on stem cell research offers promise for scientific advances in the areas of treatment. Hopefully, this study will focus attention on this large population of paralysis victims and their needs.

Originally posted at InjuryBoard by David Lowe

Social Security Disability case won BEFORE Hearing !

Doug Landau — Fri, 27 Jan 2012 05:50:00 GMT

Our Herndon Reston area disablity law firm receives thanks from grateful clients and their families whoses trial we have won. However, there are times when we are able to win Social Security Disability cases before going before the Federal Administrative Law Judge. All of the ABRAMS LANDAU clients who get to this stage have been denied their disability benefits twice already by the Federal Government. What grates Northern Virginia Social Security lawyer Landau is that no one is being sued, the clients are not claiming that someone has been negligent, and they are simply seeking the money that was taken out of their pay checks earlier than retirement age because of their disability from work!

That is why is was heartwarming to receive the following note, sent to Sterling Virginia Social Security Disability case manager Dianna Meredith of ABRAMS LANDAU, Ltd.:

Hi Dianna,

I wanted to take this time to thank you from the bottom of my heart. I still can't believe it! And, I know my approval is due to your persistence and ongoing efforts supporting my disability case. You are truly a "GEM" !!!!

Warm regards, RLP

If you or someone you know or care for is disabled from work and is seeking Social Security Disability benefits, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once. While we cannot guarantee that you will not have to go to court and appear before an Administrative Law Judge, we prepare every case thoroughly, and have a unique approach to preparation that includes the only law firm in the country that publishes its calendar online and proudly asks clients and their families and witnesses to come "see us in action" so that they can be prepared for their "day in court."

Originally posted at InjuryBoard by Doug Landau

Northwest Medical Center Added to Malpractice Suit

Sach Oliver — Fri, 23 Jan 2009 11:24:41 GMT

We amended the complaint in a medical negligence case yesterday. Our clients are Terry and Eddie Paulino. They are wonderful people and great clients. Following filing the complaint, Scott F. Davis with the Northwest Arkansas Times wrote and article about the amended complaint titled Northwest Medical Center Added to Malpractice Suit. I encourage you to click on the title of the article and go to www.nwanews.com and read the article in full. If you have questions about this case, please feel free to contact our offices.

A few portions of the article are below:

"A Bentonville couple amended its malpractice lawsuit Thursday against Dr. Cyril "Tony" Anthony Raben and his clinic, Northwest Arkansas Spine and Orthopedic Associates, adding three new parties as defendants."

"The Paulinos added Northwest Medical Center to the lawsuit claiming "negligent credentialing" after learning that an audit by the Arkansas State Medical Board showed a very high complication rate for Raben's prior surgeries."

"In a letter dated May 9, 2007, Dr. John L. Wilson informed Peggy Pryor Cryer, executive secretary of the Arkansas State Medical Board, that a review of 15 spinal surgeries performed by Raben showed that patients suffered complications in 11 of 15 cases, or 73 percent. He notes in the letter that the average range for problems with spinal surgeries in between 20 and 22 percent."

"Doctor Raben recommends surgery with indications that are scant at best. He warns his patients that bad things may happen when he does surgery. Sure enough, with his complication rate in the 15 cases I have reviewed, he is not being untruthful," Wilson stated.

"The Paulinos added Melanie Richard, R.N., and American Intraoperative Monitoring LLC. as defendants after learning through Raben's deposition that the monitoring team at the hospital knew that Paulino lost feeling in her legs, but did not inform Raben during or after the surgery, said Sach Oliver, a Bentonville attorney representing the family."

Originally posted at InjuryBoard by Sach Oliver

The cost of medical records in social security disability claims

Doug Landau — Thu, 14 Oct 2010 17:12:00 GMT

10/14 The cost of medical records in social security disability claims

One expense that is encountered in nearly every Social Security Disability claim ("SSDI") is the cost of getting, copying and then filing medical records to support the case. The charges seem to vary widely from medical provider to medical care provider even if the claimants have the same spine, back or brain injury or other disabling medical condition. The question we get from clients and their families is, "How much doctors can charge for medical records in disability claims ?"

There are special rules and regulations on these charges when the claim is for Social Security Disability, because claimants are out of work and typically of limited financial resources. For example, the Georgia Code provides the amounts a doctor's office may charge for a patient's records. HEALTH RECORDS O.C.G.A. § 31-33-3 (2008) states:

Costs of copying and mailing; patient's rights as to records
(a) …A charge of up to $20.00 may be collected for search, retrieval, and other direct administrative costs related to compliance with the request under this chapter.
A fee for certifying the medical records may also be charged not to exceed $7.50 for each record certified.
The actual cost of postage incurred in mailing the requested records may also be charged.
In addition, copying costs for a record which is in paper form shall not exceed $.75 per page for the first 20 pages of the patient's records which are copied; $.65 per page for pages 21 through 100; and $.50 for each page copied in excess of 100 pages.
All of the fees allowed by this Code section may be adjusted annually in accordance with the medical component of the consumer price index.
To the extent the request for medical records includes portions of records which are not in paper form, including but not limited to radiology films, models, or fetal monitoring strips, the provider shall be entitled to recover the full reasonable cost of such reproduction.
Payment of such costs may be required by the provider prior to the records being furnished.
This subsection shall not apply to records requested in order to make or complete an application for a disability benefits program.

Bottom line: check your state's laws to ascertain what charges may be encountered when getting medical records for a Social Security Disability case.

Originally posted at InjuryBoard by Doug Landau

What wheel chair cushions are top rated for pressure sore relief?

Wayne Parsons — Sat, 27 Aug 2011 05:15:26 GMT

For individuals who have suffered spinal cord injuries, pressure ulcers caused from wheelchair use are a serious concern during rehabilitation and are the most common long-term secondary medical complication for spinal cord injury patients. That’s why a study conducted in 2001 by researchers at the University of Florida Department of Occupational Therapy deserves attention.

The study examines how wheelchair design—and more specifically, wheelchair cushion design—helps to mange and prevent this type of complication. Because almost all wheelchairs are marketed as “the best” for pressure reduction, the researchers wanted to provide useful information to occupational therapists that would help them distinguish between wheelchairs that were actually effective at doing this versus those that were not.

This particular study focused on a single patient, with the hypothesis being that the Roho cushion, as compared to Jay or gel cushions and Pindot or polyurethane foam cushions, would provide the most pressure relief. The researchers used a computer pressure-mapping pad called Xsensor to determine and measure the patient’s pressure points on each of the three different types of cushions during the course of the study. The study concluded that the Roho cushion was in fact the most effective in relieving pressure on the seating surface for the patient who participated in the study, a conclusion that aligns with other research on the same question.

The study is purposefully not empirical. That is, the researchers note from the outset that prescribing an appropriate wheelchair cushion requires an occupational therapist to evaluate each individual separately—there is no “one size fits all” approach to preventing pressure ulcers. Instead, the study offers a methodology for therapists to use in order to prescribe the best cushion for each patient and to monitor its effectiveness over time.

This type of one-on-one treatment and the use of technology to measure pressure points with different cushions could go a long way to helping spinal cord injury patients manage the complications associated with their condition.

Originally posted at InjuryBoard by Wayne Parsons

Suit Settled in Gymnast's Paralyzing Injury

Christina Cole — Tue, 19 Dec 2006 19:26:24 GMT

A settlement has been reached this month in a lawsuit between a 17-year-old gymnast and the gym where she suffered a paralyzing spinal cord injury last year. The details of the settlement are sealed. Circuit Judge W. Lowell Bray Jr. signed off on the agreement this month.

The settlement with /suncoast Gymnastics Academy Inc. can could aid funding for the parents of Samantha Slusak to help with new treatments for their daughter. Due to the confidentiality of the settlement, Frank and Cellie Slusak declined to make any comments. Their attorney, Brandon Peters, also declined to comment.

On July 12, 2005, the lawsuit alleged, Slusak attempted a difficult new maneuver "beyond her skill level" at the behest of an academy employee. The suit accused the gym of negligence, but the gym's owners described it as a freak accident during a routine maneuver.
Slusak attempted a front flip off a trampoline into a cushioned pit - but never got out. She not only injured her neck, but bruised her spinal cord. The teen was left paralyzed below the shoulders.
She was flown to a Tampa hospital where she was placed in intensive care. The community rallied to raise money for her, as did gym owners Arnold and Cindy Gwinn. Slusak eventually returned home to continue her schooling and undergo daily therapy. "Some days are good, some are bad," she told the Times last Christmas. "I just take it day by day."

Originally posted at InjuryBoard by Christina Cole

Whiplash Could Lead To a Serious Spinal Cord Injury

Shapiro, Lewis & Appleton — Thu, 10 Dec 2009 09:43:06 GMT

A whiplash injury , also known as neck sprain or strain, is a result of the sudden movement of the neck during an accident. Whiplash occurs more often in rear-end accidents where there is a sudden jolting of the neck forward and backward. This may also appear in some slip and fall accidents. Although it may seem like a simple injury, whiplash can cause some of the neck muscles and ligaments to stretch more than usual and even tear. In severe cases, whiplash can cause a spinal cord injury. It can also affect the cervical muscles, inter-vertebral joints and ligaments discs and nerve roots.

Some of the symptoms of whiplash injuries may include:

Neck Stiffness and Pain
Myofascial injuries or injuries to the muscles and ligaments
Headache, dizziness and blurred vision
Difficulty swallowing and chewing and hoarseness of voice
Paresthesias or abnormal sensations such as burning or prickling
Shoulder and back pains
Irritability

Fortunately, a whiplash injury can be treated with the proper medication and the appropriate amount of physical therapy. Although whiplash injuries may not seem to be a serious injury, the victim still needs medical attention and it should not be avoided. Therapy and medications are likely needed to prevent further complications. Proper whiplash diagnosis is done by a physician with a thorough head and neck examination usually with the use of X-rays to rule out bone fractures and it may involve the use of additional medical imaging to determine if there are other more severe injuries.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Shapiro, Lewis & Appleton

Drunk Driving : Real Life Story

Mike Bryant — Sat, 25 Jun 2011 09:17:00 GMT

The Minneapolis Tribune had a sad but true follow up on a recent DUI sentencing. The story looked at the two people involved. The Driver:

Kristin Kealy, a single mother who had a clean driving and criminal record, drove drunk on a Coon Rapids road at a speed police say reached 90 miles per hour last August

Kellie Stein the person injured:

Paralyzed from the neck down, Stein left the hospital Thursday for the first extended trip since the accident to tell an Anoka County judge how Kealy shattered her happy life.

The point of the story was how Kealy will get 1 year in jail and Stein will spent the rest of her life paying for what was done. How Kealy was .24 after being at Biff's bar in Spring Lake Park and Stein had been a regular person who enjoyed " fly fishing, gardening, painting, landscape designing. She has a bachelor's degree in psychology and criminal justice and had plans to continue her studies."

The Victim Impact statement included:

"I just lie in a hospital watching television," she said. "I consider myself an artist, but I can't even write my own name."

What a tragic example of all of those that are affected with drunk driving. It is a bad choice and it has life changing consequences. Kealy should not have been out on that road that night and Stein should still be enjoying her regular life. She's alive, so there is always hope for her, but what a penalty to pay for someone else's tragic actions.

These stories need to be told. I applaud the Tribune for the follow up. I also hope that Ms. Stein's message gets across to all of those that need to hear it.

Recent research indicates that deaths involving motor vehicles are down in Minnesota, but deaths linked to drinking and driving have remained to high. The rules are simple and must always be followed:

Don't Drink and Drive
Use designated drivers
Always remember that the more you drink, the more your odds of making bad choices increase.

Originally posted at InjuryBoard by Mike Bryant

Don't Get Stuck With the Chiropractor's Bill

Doug Landau — Mon, 29 Nov 2010 21:02:10 GMT

In yesterday's post, we discussed some of the practices that chiropractors have used on innocent victims of car crashes. When an injured plaintiff has valid health insurance coverage, they do not expect the chiropractic office to grab settlement proceeds after failing to bill the health insurer. So, what can you, as a patient, do to take control of this situation and ensure that you get billed as you wish?

* To the extent possible, do some research before you head to the chiropractor’s office. Know what your payment options are under your health insurance and under your auto insurance.
* YOU make the decision about which insurance you would like to use and communicate this decision during your first visit at the chiropractor’s office.
* Read carefully any forms that you have to fill out at the chiropractor’s office and fill them out based on the decisions you have made beforehand.
* Carefully track—and save—any records, forms, letters, notices, or other documentation that you receive from insurance companies and your chiropractor’s office.
* Take a proactive stance when dealing with your insurance claims. Don’t wait for the chiropractor or your insurance company to just take care of things for you, because they may not know what is in your best interest.

Dealing with expenses from auto accident injuries can be a frustrating experience that is made more difficult by the emotional and physical pain from a spinal cord injury or herniated disc that you might be experiencing at the same time. But, simply being aware of your options and keeping track of the process can prevent further headaches down the road. Ask up front if the Chiropractor takes your insurance and make sure the office actually bills the insurance company to whom you, your family and/or your employer has paid premiums. It may prevent worse headaches and pain at the end of your automobile crash injury case.

Originally posted at InjuryBoard by Doug Landau

Wheelchair Improvements for People With Spinal Cord Injuries

Shapiro, Lewis & Appleton — Thu, 29 Apr 2010 11:00:39 GMT

In the article, "Advances Made in Treatment of Spinal Cord Injuries," the American Academy of Physical Medicine and Rehabilitation ("AAPM&R") indicates that more than 11,000 people sustain spinal cord injuries ("SCI") in the United States every year. Unlike some other types of injuries, spinal cord injuries may continuously hinder the physical, emotional, social, and vocational capabilities of those affected. Injured persons suddenly find themselves relying on others for things most of us take for granted. The ability to get around is obviously a large concern for those impaired by paraplegia, quadriplegia, or other conditions that severely limit the use of the body. Fortunately, the day-to-day, practical quality of life has already improved significantly with advancements in wheelchair technology.

Older wheelchairs were rigid, bulky, and uncomfortable – far from an ideal solution. Newer wheelchairs are lighter weight and more maneuverable. While wheelchairs are primarily broken down into manual and electric-powered wheelchairs, there are also variations to maximize speed and maneuverability for sports. For instance, there are "powerchairs" with electric motors and navigational controls for soccer or football as well as manual racing wheelchairs for speed and distance in track events. Current developments undergoing research and development also include wheelchairs that can climb stairs and can support the user in a nearly upright standing position. Manufacturers have still made improvements to the basic manual wheelchair with four-wheel-drive motor assistance and two-geared wheels for better downhill control.

Although basic manual wheelchairs start from about $500 and standard motorized chairs start from $2,000, the more technologically advanced versions can easily skyrocket up to almost $10,000. You will need to check your health insurance policy to see if it covers durable medical equipment like wheelchairs. The type and amount of coverage varies from policy to policy. Medicare covers eighty percent of the cost of wheelchairs when deemed medically necessary, but the purchase must be approved prior to billing.[1] In most states, Medicaid also covers the cost of wheelchairs. After suffering such a devastating and life-altering injury, nobody wants to haggle with an insurance company over purchasing such essential medical equipment. A wheelchair, however, is only one small consideration in light of the long-term care costs and life care planning required after a catastrophic injury.

Fortunately, a provision in the health care overhaul signed into law by President Barack Obama in March can help. The program, called the Community Living Assistance Services and Support Act ("CLASS"), establishes voluntary, long-term care that provides cash to enrollees who continue to suffer at least two limitations in basic functions such as eating, bathing, and dressing. The program was developed to assist the 10 million Americans who need long-term care services, 4 million of which are under the age of sixty-five. The program is administered by the U.S. Department of Health and Human Services ("HHS") and does not limit benefits on preexisting conditions or cap lifetime benefits. After contributing for five years, disabled participants who meet HHS criteria will be eligible for a cash benefit of $50/day. The advantage of this type of program is flexibility in spending. The CLASS cash benefit is not limited to specific categories and can be used to pay for home health aid, transportation, assistive technology such as wheelchairs and lifts, adult day care, household modifications to accommodate the disabled person, or at-home assistance.[2]

With extended coverage of wheelchairs and flexible cash benefits for long-term care, the healthcare overhaul should greatly assist those who have suffered catastrophic spinal cord injuries. While it is not perfect and will undoubtedly have some limitations, CLASS is a positive indication that insurance providers are becoming more accommodating and understanding of the needs of the disabled.

[1] "Power Wheelchair Coverage Overview." Centers for Medicare & Medicaid Services. Feb 2004. <http://www.cms.gov/MLNProducts/downloads/PowerWheelchair.pdf>

[2] Meyer, Harris. "New Long-Term Care Insurance Will Provide Flexible Cash Benefits." Kaiser Health News. 15 Apr 2010. < http://www.kaiserhealthnews.org/Stories/2010/April/15/CLASS-act-long-term-care-insurance.aspx>

Originally posted at InjuryBoard by Shapiro, Lewis & Appleton