Virginia Personal Injury Blog - Head & Brain Injuries

Beacon House: A Sanctuary for Traumatic Brain Injury Victims

Emily Mapp Brannon — Fri, 04 Dec 2009 14:59:31 GMT

Where do you go after suffering a serious brain injury and the life you used to lead has changed forever? You need help, but don’t know what to do or who to ask. Well, there’s a place in Hampton Roads that is providing assistance to nearly a dozen local people who have suffered from a serious brain injury and found comfort at Beacon House, a community-based clubhouse program for people living with the effects of brain injury, according to The Virginian Pilot.

At Beacon House, individuals can learn, or regain, skills necessary to live a productive and empowering life. Through contributing to every aspect of the clubhouse, members gain confidence and self-respect.

Many of these folks suffered a traumatic brain injury. A traumatic brain injury or “TBI,” is defined by the National Center for Injury Prevention and Control as an injury caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Of the 1.4 million who sustain a TBI each year in the United States, 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department.

TBI’s not only effect the victim, but also their friends and family. Someone who suffered a TBI could endure behavioral and psychological changes that require constant attention and care. Some victims may even need assistance feeding and clothing themselves. It takes an emotional toll on everyone around them.

An example of this is the founder of the Beacon House, local resident Matt Buckley. He created the Beacon House to honor his wife, Mary Buckley. Mary was operated on at Sentara Bayside in 2004 for a routine bunion removal surgery. During the procedure, Mary’s heart stopped briefly and she was placed in a drug induced coma to prevent additional brain damage. Mary remained in a vegetative state for two years before she passed. Matt wanted to do something for other people who suffered like him. That is when he started the Mary Foundation and worked to get funding from local and state government.

The Beacon House is almost like a sanctuary for victims of TBI and Matt’s work should be celebrated. He endured a terrible tragedy, but persevered and is doing something to help numerous Virginians cope with the challenges of a brain injury.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Emily Mapp Brannon

Voting with your feet; when an injury causes a career change

Doug Landau — Thu, 03 Dec 2009 16:10:53 GMT

The effects of a wrongful injury are manyfold. Victims suffer physical and emotional pain from their injury, they incur steep medical bills, and they can often lose their job if the injury impairs their ability to work according to Sterling Virginia injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. When a worker loses their livelihood due to an injury that wasn't their fault, they lose their ability to pay for their own medical bills, and often suffer from even deeper emotional distress.

Many people are aware that, if they suffer from a wrongful injury that costs them their job, they are entitled to sue for the money that they lost from their income. This is known as "diminution in earnings and earning capacity", and is as important to a lawsuit's outcome as the cost of the medical bills or the suffering caused by the injury in question.

What many people do not know, however, is that there is a legal precedent in Virginia that also allows for victims to be compensated, even if they are able to find work at a less demanding job.

In the case of Exxon v. Fulgham, the courts established that, if you have to leave your current job due to a wrongful injury, and are forced into a job that pays less (even if the new position has the potential to pay more than the old position did), you can still be eligible for legal compensation. You must prove your pre-injury earning capacity, through documentation of your education, training, experience, etc, and then demonstrate how your injury will force you out of your current profession into one in which you are less qualified.

If you have lost any part of your income due to a wrongful injury, you should see an experienced Virginia injury and disability trial lawyer as soon as possible to discuss your options. It is very important for victims of wrongful injury to know their rights, so that they don't get cheated by large corporations or the insurance companies.

Originally posted at InjuryBoard by Doug Landau

Dog attack victim comes to Virginia dog bite lawyer Doug Landau at end of statute of limitations

Doug Landau — Thu, 03 Dec 2009 01:52:00 GMT

Most Virginia injury cases have a two year time limit. Some personal injury cases get a longer "statute of limitations." Virginia dog bite lawyer Doug Landau of ABRAMS LANDAU, Ltd., was contacted by a young man whop was attacked by a neighbor's dog over 15 years ago ! While most cases that old or "stale" would be dismissed by the Court for having been filed past the time limit ("statute of limitations"), in cases involving minors under the age of 18, the law gives additional time to claims on behalf of children. Often, injured children in Virginia are given until their 18th birthday, and then the regular 2 year time limit begins to run. This young man was advised to wait by family members. He endured a difficult time in school because of his facial scarring and head injuries, and his doctor had retired and moved away. Defendant neighbors had also left the area years ago. The Defendants' dog had long since died. Any witnesses that may have been helpful in this case could no longer be found. The injured dog attack victim's original lawyer also had passed away.

So, while his claim was still within the legal time limits, his case would be impossible to prove at this very late date. Plus, the time limit for collecting any medical payments had expired over a dozen years ago. On these facts, we sadly had to tell this injured and permanently scarred young man that we would not be able to represent him. Had he (or his parents) contacted us a dozen years ago, or more, then we would likely have given him a different answer. But sometimes potential clients wait until it is too late to practically and effectively pursue their cases for permanent dog bite injury and scarring. Call or e-mail an experienced InjuryBoard dog bite law firm like ABRAMS LANDAU at once, because waiting can ruin your case even if you are within the legal time limits.

Originally posted at InjuryBoard by Doug Landau

Experts Not Permitted to Testify Plaintiff is Faking or Exaggerating Symptoms

Michael Phelan — Wed, 02 Dec 2009 11:21:33 GMT

A written opinion issued earlier this month from the United States District Court for the Eastern District of Virginia, Richmond Division slams shut the door on the defense practice of hiring a medical expert to accuse the plaintiff of malingering, symptom magnification, being motivated by secondary gain, having somatoform disorder or any of the other names used by defense doctors to imply that injured plaintiffs are faking or lying. In Kidd v. Wal-Mart Stores, Inc., et al., Civil Action No. 3:09CV264, Magistrate Judge M. Hannah Lauck ruled that even if a medical expert possesses sufficient psychological expertise to offer expert testimony as to whether the plaintiff evinces symtom magnification or somatiform disorder, the Court would not permit the experts to opine whether the plaintiff has such disorder because "[s]uch testimony far too easily invades the province of the jury or comments on the credibility of the Plaintiff."

One often sees in defense neuropsychological reports opinions along the lines that the plaintiff's complaints have a functional component, are motivated by secondary gain, represent symptom magnification or malingering, etc. I make it a practice to move to exclude such opinions as being the type of testimony the goes to the truthfulness or credibility of a witness and invades the province of the jury. See Pritchett v. Commonwealth, 263 Va. 182, 186-187, 557 S.E.2nd 205, 208 (2002). Virginia state trial courts have been receptive to this argument, and it is good to see the federal district court following suit.

Originally posted at InjuryBoard by Michael Phelan

Managing Brain Injury - new Guide now available from the National Rehabilitation Hospital

Doug Landau — Wed, 02 Dec 2009 00:26:00 GMT

In his continuing efforts to help those with traumatic brain injury and disabled from head trauma, Herndon Reston lawyer Doug Landau receives and reviews materials from the National Rehabilitation Hospital ("NRH"), Brain Injury Services, the Brain Injury Association and the Virginia Trial Lawyers Brain Injury Retreat. The NRH Press latest book offering is "Managing Brain Injury: A Guide to Living Well with Brain Injury."

This is the 4th book in a series of useful guides to help people face the challenges of life following brain injury. As Landau and the ABRAMS LANDAU trial team has worked with many victims of traumatic brain injury ("TBI") and closed head injury, they understand the importance of having resources such as this available for disabled clients and their families. This new NRH guide is intended to help make sense of the roller coaster ride of emotional and physical changes that can overwhelm patients and health care providers. To order this helpful book, visit NRH Rehab or call 202-877-1776

Originally posted at InjuryBoard by Doug Landau

NFL Concussion Policy: a Very Slow Work in Progress

Michael Phelan — Tue, 24 Nov 2009 14:36:43 GMT

With every new round of concussions in the NFL, it seems to me that the press and the NFL react as if dangerous concussions were a new issue in football. The multitude of stories about the brain damage, alzheimers-like symptoms, memory loss, depression, and suicidal behavior of former players like Andre Waters, Mike Webster, Tim Johnson and others get swept under the carpet as the NFL takes its predictable stance of delay and double talk on the issue of brain injuries. And, with the exception of the New York Times series on brain injuries in the NFL, the sports media typically looks the other way. Until now. Sports Illustrated's Ann Killion has written a piece in her Inside the NFL column accusing Commissioner Roger Goodell of business as usual just as he announced a new policy requiring teams to consult with independent neurologists following a concussion to one of the teams' players.

Ms. Killion cites the cases of the two quarterbacks who played in last year's Super Bowl. The Steelers' Ben Roethlisberger left Sunday's game against the Chiefs after taking a blow to the head and suffering concussion-like syndromes. But by Monday reports out of Pittsburgh described the Super Bowl winning quarterback as "fine" and capable of playing this week. Arizona's Kurt Warner also left his game against St. Louis after his head slammed into the turf. But the Cardinals are "optimistic" Warner will play this week. This, despite the fact that Big Ben suffered a serious head injury in a motorcycle crash and Warner suffered multiple concussions in the past. Ms. Killion concludes that "[t]he culture of denial and quick turnarounds runs too deep in the NFL to be changed by a commissioner's mandate."

This SI column follows a recent article in The New Yorker, in which Ira Casson, who co-chairs an NFL committee on brain injury, said he isn't sure what the solution is. "No one has any suggestions -- assuming that you aren't saying no more football, because let's be honest, that's not going to happen," he said.

Commissioner Goodell's new policy addresses an issue that has long been part of the problem in the NFL: the onflict of interest posed by leaving the decision about when a concussed player should return to full contact to a doctor employed by the team and the league.

Ms. Killion points out that the culture of denial trickles down to college, high school and youth football. Every day, coaches and administrators struggle with medical issues far beyond their capability. At Cal, Jahvid Best has been sidelined for two weeks after suffering a horrific end zone collision and concussion. In Florida, Tim Tebow -- who, in September, was knocked out cold and carted off the field vomiting -- hasn't missed a game (the Gators had a bye the week after Tebow suffered his concussion). But some observers think he hasn't been the same since.

On high school fields around the country, kids are carted off with concussions every week. In New Jersey last year, a junior linebacker was cleared to play after suffering a concussion. He suffered another hit, which ended up killing him. His parents are suing the high school and their doctor.

The violent hits are celebrated. The early returns to the field are deemed courageous. The head traumas of star players are underplayed.

The NFL sets the tone for it all. Commissioner Goodell took a step forward this week. But there's a long way to go.

Originally posted at InjuryBoard by Michael Phelan

Coping with Brain Injury During the Holidays

Michael Phelan — Mon, 23 Nov 2009 21:06:03 GMT

For victims of acquired brain injury, the time of year that once brought great joy may now be the most difficult time of year. Brain injury victims often struggle to cope with, among other sequelae, memory problems, obsessive compulsive behaviors, an aversion to loud noises, big crowds, and bright lights, decreased communication skills, and special diets. Imagine the terror of tying to cope with these issues while being expected to attend holiday parties and large family functions.

I read a wonderful piece in the Augusta Free Press advising brain injury victims how to cope with the holidays. Some suggested ways for making the holidays fun and less stressful for all, particularly when persistent cognitive /behavioral issues are problematic include:

1. Holiday shopping should be a fun activity and indoor malls are weather controlled and safe places for strolling on foot and/or for those wheelchair or walker assisted. However, the holiday period can make shopping less than a fun activity without preplanning. Start early to avoid the holiday crowds and use the opportunity to incorporate cognitive exercises into the planning. The individual with brain injury should make a list of gifts to be purchased or hand made, when possible, suggested gift ideas and estimates of costs associated with the gifts.

2. Catalogs that come in the mail this time of year are wonderful for gift ideas and also for estimation of prices. Take some time to sit down and look through a few as part of the independent planning phase.

3. Make out a simple budget before going to the bank and allow your family member with brain injury as much control of the funds as possible even though money management skills may be impaired.

4. Place greater emphasis on use of journals or calendars to record routine events as well as holiday activities. Schedule a week in advance, with a daily review to make note of any changes as they come up. Those accustomed to a daily routine may be better prepared when special dates and activities are written in the journal and/or on the calendar in colored ink for emphasis.

5. Each day, during the holidays, orient the individual by discussing the day’s activities over breakfast to avoid misunderstandings about changes from the normal routine. It is helpful to repeat this information several times during the day for those with severe memory problems.

6. If bright or flashing lights bother your family member and/or possibly trigger seizures, carefully plan any additional lighting that will be used during the holidays and avoid laser holiday lighting displays.

7. Crowded places and loud music may also bother some individuals and should be taken into consideration and monitored, if necessary.

8. Food is a big part of holiday fun and many of the foods may be very temptingly displayed. Parties, holiday family dinners, and open house gatherings are often scheduled at times that do not coincide with routine mealtimes, thus, presenting a problem for those whose mealtimes are more rigidly scheduled. You may want to offer a light snack at the regular mealtime to “tide him/ her over” until the main meal, or make whatever adjustments are necessary. For those with more severe cognitive deficits, which interfere with appropriate food intake, it may be necessary to help with monitoring to avoid overeating. It is very common for damage in the hypothalamus area of the brain to interrupt signals to the brain which help the individual know when their appetite has been satisfied, thus, many with brain injury need help with quantity control monitoring. Additionally, memory problems and attention can derail a persons resolve to watch their food intake to avoid excessive food and beverage intake. After a brain injury burning of calories may also be changed and individuals who could eat anything and everything before the injury may need to more diligently watch calories to avoid weight gain.

9. By all means don’t forget that increased activity during the holidays may be more fatiguing than usual so plan rest periods accordingly. This is particularly important when cognition and behavior are problems. Fatigue often increases confusion that can result in an outburst or other kinds of unpleasant behaviors.

10. Structure can be your best strategy for ensuring the entire family has a higher quality of life. Initially it takes effort to get the structure in place but it pays dividends in the end. Flexibility is a key word during the holiday season but planning and preparation will hopefully result in a happy holiday for family and friends.

Next comes New Year’s resolutions! Start thinking about ways your entire family can enjoy life more fully, fulfill the demands of your caregiving role and provide the best possible quality of life for your family member with brain injury.

Most of us take these simple pleasures for granted. As the father of a young adult with who suffers from the effects of brian injury and someone who represents victims of acquired brain injury, I know the importance of structure and routine in my child's life. There's nothing like the holidays to disrupt this routine.

Originally posted at InjuryBoard by Michael Phelan

Time lost is brain lost after a stroke

Doug Landau — Sat, 21 Nov 2009 00:17:00 GMT

With a stroke, time lost is brain lost

This was the crux of a notice Ashburn, South Riding and Broadlands brain injury lawyer Doug Landau received in Charlottesville, Virginia. The Stroke Association wants people to know that:

strokes are the #3 killer in this country, yet many people don't even know what they are. They don't know that more of the brain can be saved if a stroke is detected and treatment is received immediately. Strokes begin when a blood vessel in the brain becomes blocked or bursts. Blow flow is cut off. Tissue is starved for oxygen, and parts of the brain die. If not treated quickly, abilities and productive life can be lost. Learn to spot the warning signs of a stroke or call 1-888-4-STROKE, and act quickly. Your brain is your most prized possession. Guard it with your life.

Originally posted at InjuryBoard by Doug Landau

"Independent Medical Exams" are not !

Doug Landau — Tue, 10 Nov 2009 11:37:04 GMT

Almost every single case involving serious injury, permanent disability, head trauma or significant wage loss is confronted by an insurance company lawyer demanding an "Independent Medical Examination." The exam is usually not independent. It is not for treatment of the orthopedic or brain injuries, so the "medical" part of the phrase is intellectually dishonest. And as for an "examination," it's often more of a cross-examination than a genuine physical exam.

"Independent" medical exams ("IMEs") are commonplace in personal litigation, workers compensation, and occupational disease cases handled by ABRAMS LANDAU, Ltd. Because these are not truly "Independent" (as we see the same doctors performing exams for the same insurance companies who pay their bills, we refer to these as "defense medical exams" ("DME") or "insurance medical exams." A 3/31/09 New York Times investigation titled "Exams of Injured Workers Feed Mutual Mistrust," reported that, "Often IME doctors are hired by brokers that then have clerical staffs prepare reports based on dictation or checklists completed by the doctors, who often do not read the reports before signing them. The article gives examples of doctors signing reports on exams they never performed. One of the ways Herndon Reston area injury lawyer Doug Landau anticipates this practice is by offering the insurance company a physical exam early in the case, sometimes even before a lawsuit is filed. "The case we select involve serious, objective and usually permanent injuries," Landau notes. Because we have nothing to hide, I will offer to have my injured client submit to a voluntary physical exam with a qualified doctor, at a reasonable time and place, in lieu of a later examination after suit is filed." In effect, it is a "put up or shut up" move by the multi-state trial lawyer, known for his unique and innovative techniques.

Originally posted at InjuryBoard by Doug Landau

Defense Neuropsychologists Want to Replace Jurors

Michael Phelan — Mon, 09 Nov 2009 16:14:14 GMT

Defense neuropsychologists are hell-bent on being able to testify whether they believe an injured person is telling the truth. They cannot be serious, you say. Determining the veracity or credibility of a witness is the exclusive province of the finder of fact. They are serious, and they've devoted a lot of time and energy coming up with a "consesus statement" wherein they agree they should be able to provide this testimony. See American Academy of Clinical Neuropsychology Consensus Conference Satement on Neuropsychological Assessment of Effort, Response Bias, and Malingering, The Clinical Neuropsychologist, 23: 1093-1129, 2009.

The crux of the "consensus statement" is that "neuropsychologists are capable and qualified to diagnose malingering," and that this diagosis "can be used to assist the trier-of-fact (e.g., judge, jury) in a legal decision-making process." Id. at 1099. The authors identify the types of people against whom they believe they are likely to offer this testimony. They include people seeking financial compensation for injuries, people seeking to be compensated for time away from work, soldiers injured during combat, and criminal defendants. Id. at 1098. Indeed, defense neuropsychologists have been complicit with the Veterans Administration's disgraceful efforts to deny benefits to our unfortunate soldiers who've suffered brain injuries from blast-induced injuries suffered in Iraq.

These forensic defense neuropsychologists are publishing their own literature and creating their own consensus statement to justify their defense testimony. Rather than get too bogged down fighting them on their own turf, I prefer to stick to long-standing jurisprudence. The neuropsychologists freely admit that they are trying to divine the witness's intent, and comment on his or her veracity and credibility. One passage from the consensus statement says, "[i]n considering the diagnosis of malingering, the clinician is explicitly making a determination of intent: more specifically, a determination of intentionally exaggerated symptoms and/or diminished capability with the goal of obtaining an external reward." Id. at 1097. In other words, they want to testify that your client is lying by either faking symptoms or feigning an inability to perform a task. Fortunately, most states' statutory and/or case law provides that a determination of the veracity or credibility of a witness is the sole province of the jury and not the proper subject of expert testimony. See e.g., Pritchett v. Commonwealth, 263 Va. 182, 186-187 (2002), and Brown v. Corbin, 244 Va. 528, 532 (1992)("The issue of a witness's credibility falls squarely within the jury's province, and is one which a jury can resolve without any expert testimony to assist it.").

Originally posted at InjuryBoard by Michael Phelan