Archive for March, 2009

Traumatic Brain Injury in Children

Monday, March 30th, 2009

chicago child tbi 198x300 Traumatic Brain Injury in ChildrenAny successful Chicago Traumatic Brain Injury Lawyer representing a Child must develop a firm understanding of the medicine involved and impact a traumatic brain injury can have on children their family.

What is Traumatic Brain Injury?

A traumatic brain injury (TBI), also called acquired brain injury or simply head injury, is caused by a sudden blow or trauma to the head causing damage to the brain.  Symptoms of a TBI can be mild, moderate, or severe depending on the extent of the damage to the brain.

Traumatic Brain Injury Involving Children

Head injuries are common with children and account for several hundred thousand hospitalizations annually.  TBI in children, like adults, may be caused by motor vehicle accidents, falls, or other source of traumatic force to the head.

Certain aspects of traumatic brain injury are unique to children. For example, it is more difficult to determine the measure the loss of brain function in a child because of a lack of historical data concerning the child’s academic records, I.Q. scores, and job histories.

Children have brains that are still developing.  Whereas, previously it was assumed that children were more resistant to brain trauma than adults because their developing brains could rewire over time, more recent evidence suggests just the opposite.  In fact, recent studies suggest that children’s skulls are only one-eights as strong as that of adults. Thus, children are much more vulnerable to traumatic brain injury.

Accordingly, parents and family members of children who sustain traumatic brain injuries must ensure the child receives immediate and continued medical treatment and undergo appropriate brain testing (including a CT “CAT Scan”, MRI, EEG, PET, or ENG and Vestibular Testing).

When a child suffers a traumatic brain injury, it can have long-term devastating effects of the child and his or her family.  Where the child’s brain injury, whether mild, moderate or severe, is caused by someone’s negligence, it is critical to contact a lawyer experienced in handling traumatic brain injury cases involving a child.

Consequences of Traumatic Head Injury to Children

Neurological deficits in children following TBI or head trauma may take many years to manifest.  For example, frontal lobe functions develop relatively late in a child’s growth, so that such injuries may not become apparent until later in a child’s life.  Additionally, impact to a child’s reading and writing abilities, as a result of TBI, may not become apparent until the child reaches adolescence.

Children suffering from TBI may often exhibit normal or above average IQ following injury.  However, such children may still have profound problems.  For example, in one study (Shallice T. 1991), child victims of TBI who maintained a normal IQ testing results continued to have severe problems with the organizational skills of daily life activities.

Children often require rehabilitation programs to help them recover from their brain injury, which take into account the unique needs of children.  Still, traumatic brain injuries often inflict permanent damage on children and their families.

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Highest Jury Verdict Ever Reported in Illinois for Soft Tissue Damages to Elderly Plaintiff

Thursday, March 26th, 2009

elderly soft tissue injury 201x300 Highest Jury Verdict Ever Reported in Illinois for Soft Tissue Damages to Elderly PlaintiffTop Chicago Truck Accident Lawyers – Passen Law Group recently secured a jury verdict for its elderly clients, which set a new record as the largest verdict ever recorded in Illinois for “soft tissue” injuries to a plaintiff older than 60-years-old.

On March 25, 2009, a Cook County, Illinois jury returned a verdict of $610,000 in favor of a husband and wife, ages 80 and 76, respectively, who was rear-ended by a semi truck on I-90 near the Illinois/Wisconsin border on April 12, 2004.  The defense admitted negligence, but claimed the plaintiffs were not injured as a result of the accident to the degree and extent alleged.

The 76-year-old wife sustained soft tissue injuries to her neck, shoulders and upper back.  She incurred $55,255.30 in medical bills.  She was treated by her primary care physician and received physical therapy through the present time.

The defense argued that she was fully healed as of September 2004.  The jury awarded her $550,000, including damages for future medical treatment, pain and suffering and loss of normal life.

According to the Cook County Jury Verdict Reporter, the $550,000 verdict to a 76-year-old female is the highest verdict ever reported anywhere in Illinois to a plaintiff over the age of 60 for purely soft tissue injuries.

Her 80-year-old husband sustained an injury to his right shoulder as a result of the motor vehicle accident, which led to him having surgery to repair a torn rotator cuff in 2007.  He incurred $25,987.50 in medical bills.  The defense argued that the rotator cuff tear was a preexisting condition that was only temporarily aggravated.  The jury awarded him $60,000.  The husband was unfortunately unable to have rotator cuff repair surgery until June 2007 because of unrelated cardiac problems.

The case was tried before the Honorable Judge John Grogan and tried by Stephen M. Passen and Matthew A. Passen of Passen Law Group for the plaintiffs.

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Chicago Birth Injury Settlement Involving Mentally Disabled Child

Friday, March 20th, 2009

labor delivery malpractice Chicago Birth Injury Settlement Involving Mentally Disabled ChildChicago Birth Injury Lawyers took note of a recent medical malpractice settlement on behalf of the mother of a child born mentally disabled and prone to seizures.  The mother filed the Chicago birth injury lawsuit against University of Chicago Medical Center, alleging that the hospital failed to deliver her daughter without delay, despite the fetal heart rate showing steady decline.  Eventually, a Caesarean section delivery was performed.

The plaintiff alleged that the Caesarean should have been ordered at least 35 minutes earlier.  The lawsuit also alleged that the delivery took too long.

As a result, the child suffered brain damage due to a lack of oxygen, or acute hypoxia.  Now 18 years old, the child has serious mental disabilities.

On a procedural note, the Illinois statute of limitations did not apply because of the statute’s “tolling” provision for mental disabilities — the clock does not start ticking until the disability is removed.  Here, the mental disability is permanent.

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