Archive for March, 2010

Encephalomalacia Brain Injury in Children and Adults

Wednesday, March 31st, 2010

This month, the Chicago personal injury lawyers of Passen Law Group have been focusing on the many types and causes of traumatic and non-traumatic brain injury in connection with national Brain Injury Awareness Month.  Today, we take a closer look at encephalomalacia, a serious form of brain injury that can occur at birth or throughout life.

Encephalomalacia, also known as cerebromalacia, is the softening of brain tissue.  It can be caused either by vascular insufficiency, and thus insufficient blood flow to the brain, or by degeneration.  Encephalomalacia can be the formation of necrosis, or dead tissue, in a portion of the brain due to a partial complete blockage of blood flow to the area, which in turn can be caused by a natural condition or by infection or trauma (TBI).  The term encephalomalacia is also used at times to refer more generally to degenerative conditions affecting the brain.  If the condition affects the white matter of the brain, it is called leukoencephalomalacia.  If it affects the gray matter, it is known as polioencephalomalacia.

An individual suffering from encephalomalacia will experience a number of symptoms, all of which involve a loss of function.  These symptoms can include somnolence (extreme drowsiness), blindness, ataxia (wobbliness and lack of coordination), sleep walking, head pressing, circling, and, eventually, terminal coma.  Also, depending on the location of the softened tissue, there can be different effects.  For example, softening in the frontal lobe can lead to memory loss and mood swings.

If you, a family member, or a friend are experiencing any of these symptoms, you should seek medical attention as soon as possible.  If your symptoms are the result of encephalomalacia, not only is it important to obtain the proper treatment, but it is also important to determine the cause of your condition.  Our Chicago brain injury attorneys have extensive experience working with patients and doctors to understand how encephalomalacia occurred in a particular case, and whether legal action is warranted.  Where a brain injury was caused by the negligence or malpractice of another individual or entity, our attorneys will ensure that your rights are protected and that you receive full compensation available under the law.

Encephalomalacia can result from natural causes, such as infarction; therefore, not all cases of encephalomalacia or similar injuries are compensable.  However, the condition can also be caused by trauma, which in turn may be the result of negligence or reckless conduct.    In adults, another common cause of encephalomalacia is complications from surgery, particularly brain surgery to correct other problems, such as tumors.  If those complications were the result of medical negligence, the victim may have a legal action against the physicians, nurses, or hospitals involved.

Particularly common in newborns and infants is multicystic encephalomalacia, or the formation of cavernous cystsic in the brain after an injury.  The most common cause of multicystic encephalomalacia, especially in infants, is hypoxia.  The birth injury lawyers at Passen Law Group have discussed injuries from hypoxia in infants at length in connection with Brain Injury Awareness Month.  However, infants can also suffer encephalomalacia due to trauma from, for example, the improper use of forceps at delivery.

In either case of encephalomalacia caused by hypoxia or trauma, a thorough investigation and analysis of the particular circumstances can help you determine whether your child’s injuries were the result of negligence, and whether the injuries are compensable.  Our top Chicago brain injury attorneys can help you determine what caused your child’s brain injury and what claims you may have, identify all possible defendants, and obtain the compensation your child deserves to assist with future medical and emotional treatment.

For a free consultation with an experienced encephalomalacia lawyer at Passen Law Group, call us at (312) 527-4500.

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Cerebral Palsy Birth Injury: Recognition and Treatment

Monday, March 29th, 2010

Cerebral Palsy Birth Injury 300x199 Cerebral Palsy Birth Injury: Recognition and TreatmentPassen Law Group’s Chicago personal injury lawyers continue our discussion of cerebral palsy in recognition of national Brain Injury Awareness month.  Today, we discuss cerebral palsy caused by medical negligence at birth.  If you suspect your child’s brain injury may have been caused unnecessary delays at birth or medical malpractice, call our cerebral palsy birth injury lawyers at (312) 527-4500 for a free consultation.

Whether cerebral palsy could have been prevented depends on the circumstances of each particular case.  In many cases, the answer is no, and children may develop cerebral palsy despite receiving the finest medical care.  In some cases, however, the exercise of proper medical care could have prevented cerebral palsy.  Although this is true regardless of whether the injury was suffered before, during, or after childbirth, cerebral palsy resulting from brain injury during childbirth, in particular, is often preventable.  There are literally thousands of cases of cerebral palsy that might have been prevented had doctors, hospitals, and other medical professionals followed the appropriate standard of medical care.  Only someone with the proper training and knowledge, such as our Chicago brain injury lawyers and the medical professionals with whom they work, can help determine whether a specific case of cerebral palsy could and should have been prevented, and whether your child is entitled to compensation for his or her injury.

Without discussing your case with an experienced medical practice lawyer, and having your child’s medical records reviewed by a top medical professional, it is impossible to know whether cerebral palsy acquired at birth should have been prevented.  As a general rule, however, if any of the following occurred during labor and delivery, there is an increased chance that your child’s brain injury may have been preventable, and may be the result of medical negligence:

  • Your baby was born through an emergency delivery, particularly if vacuum or forceps were used
  • Your baby was delivered through c-section, particularly an emergency c-section
  • Your newborn was in the NICU
  • Your newborn was placed on oxygen to help him breathe
  • Your newborn was transferred to another hospital, or a specialist was called in
  • Your baby developed hypoxia, anoxia or hypoxic-anoxic injury (HAI)
  • Your baby was given CPR shortly after he was born
  • Your newborn or young infant suffered seizures
  • Your child was given special testing after birth

Cerebral palsy can also be prevented when doctors and other medical providers properly recognize certain risk factors prior to delivery, and act accordingly.  If more than one of the following risk factor is present, medical professionals should exercise particular care.  These risk factors include:

  • Incompatible blood types between the mother and baby
  • A mother younger than 20 or older than 40
  • A father younger than 20
  • A first child
  • A child who is the fifth sibling or more
  • Certain types of infection in the mother early in her pregnancy
  • African-American parents
  • Twins
  • Premature birth
  • Low birth weight (less than 3 and a half pounds)
  • The presence of micro-organisms which attack the baby’s central nervous system

These risk factors and warning signs can provide a general idea of whether a brain injury acquired at birth was preventable.  But only a thorough analysis can allow you to know for sure.  If you would like to learn more about whether your child’s cerebral palsy was preventable, a leading Chicago birth injury attorney can help.  We consult with the leading medical professionals in the country, and conduct a legal and factual investigation to determine what claims you might have, and against which possible defendants.

How is Cerebral Palsy Treated?

The first step in treating cerebral palsy is a detailed assessment of the severity of the particular case.  Cerebral palsy is not progressive — meaning the condition does not get worse over time.  Consequently, extremely mild case of the brain injury can, in certain cases, be overcome.  In most cases, however, those living with more severe cases of cerebral palsy must learn to manage their condition with proper therapy and treatment.

Just as cerebral palsy manifests differently in each victim, each victim’s treatment program and plan must be tailored to his specific needs.  A child with cerebral palsy may be diagnosed, and treatment begun, anytime from infancy through the first or second year of life, although beginning treatment within the first few months of a child’s life is rare.

One important component of almost any treatment plan is physical therapy.  Physical therapy will be conducted both by a physical therapist and by an affected child’s parents, as instructed by the therapist.  Other types of treatment can include work with an occupational therapist, and a speech expert, either a therapist, a pathologist, or both.  Parents of a child with cerebral palsy should expect to commit a great deal of time and energy to participating in the treatment and various therapies of their child.  Additionally, the cost of these treatments, both in terms of the expense itself and the opportunity costs to the parents from diverting a large portion of their time to these issues, can be extensive and overwhelming.

Children with cerebral palsy may require medical care and treatment through adulthood.  These expenses can be astronomical when multiplied over the course of your child’s life expectancy.  Still, those hard financial expenses pale in comparison to the emotional toll expended by the parents and other family members of a child inflicted with a debilitating and permanent brain injury.

Passen Law Group’s group of skilled brain injury malpractice lawyers appreciate the immense responsibility we have to ensure our clients and their families are compensated for yesterday, today and tomorrow.  If you believe your child’s cerebral palsy may have been caused by the negligence of a doctor, hospital, or other medical professional, one of our brain injury attorneys can help you to find out.

For a free consultation with an experienced Chicago brain injury lawyer at Passen Law Group, call us at (312) 527-4500.

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KY Truck Accident Highlights Continuing Problems with Trucking Safety

Saturday, March 27th, 2010

Kentucky Truck Van Crash KY Truck Accident Highlights Continuing Problems with Trucking SafetyAs Chicago personal injury lawyers with substantial experience handling trucking accident cases, we are familiar with the devastation caused by crashes involving tractor-trailer trucks.  Yesterday was a brutal example of  such devastation.  A trucking accident in Kentucky claimed the lives of at least eleven people and injured many more.  The accident, which happened just before 5:30 this morning, reportedly occurred when a tractor-trailer crossed over the interstate’s median and hit an eighteen-passenger church van carrying Mennonite passengers, including children.  The truck then struck a rock wall and burst into flames.  The casualties included the driver of the truck, as well as others.  One of those killed was an infant, but two children, four and five years old, survived the crash without serious injury.

We do not yet know the extent or type of injury to the other passengers, but it is probably that they sustained traumatic brain injuries, among other internal injuries.  Some studies have found that up to 28% of all traumatic brain injuries are caused by motor vehicle accidents.  This month, our top Chicago brain injury lawyers have been exploring the types and causes of brain injury in connection with Brain Injury Awareness Month.  For more information about our top-rated brain injury and wrongful death practice, feel free to read this month’s articles or contact us directly at  (312) 527-4500.

Yesterday”s accident occurred on Kentucky’s section of Interstate 65, North of Bowling Green.  The tractor-trailer truck involved was heading South, but struck the van after crossing over to the northbound freeway.  The section of highway where the crash occurred is problematic, as the southbound traffic narrows from three lanes to two.  Traffic at times becomes congested or forms a bottleneck at that point, and a county official speculated that the truck may not have seen the situation, or slowed down to address it.  A deputy coroner also stated that the truck driver likely fell asleep at the wheel, leading to the accident.

While there is no definitive word yet on what caused the accident, there are a number of possibilities, unfortunately common in these types of accidents.  As was suggested, and especially in light of the hour at which the accident occurred, the truck driver may have fallen asleep at the wheel.  Many such accidents are caused by an overtired driver who has been behind the wheel for too many hours, in violation of Federal Motor Carrier Safety Administration (FMCSA) regulations (as a general rule, federal regulations do not allow more than eleven hours of consecutive driving, although there are other rules that also affect the number of hours an individual may drive).  In yesterday’s crash, this is made more likely by the fact that the driver’s truck had reportedly been broken down in Michigan for three days, and was fixed before he departed on this trip.  He may thus have been pushing the envelope to make up for lost time – a tactic that endangers drivers and others on the road.

If this or any truck accident was the result of negligence, the innocent victims may have a  cause of action against the truck driver, the trucking company employer and others.  This is true as to both the survivors, who may have a cause of action for their injuries, and as to those who were killed, whose estates may have a cause of action for wrongful death.  Our Chicago wrongful death lawyers, sadly, have seen many cases arising from such accidents.

Depending on the circumstances surrounding the crash, the victims may have a cause of action not only against the truck driver’s estate, but also against the trucking company that employed him.  The trucking company can be held responsible for the negligent actions of its employees through respondeat superior, a legal concept often called the “master-servant rule,” through which employers are made liable for the actions of their employees.  Additionally, if a trucking company had reason to know that  a driver could be dangerous at the time they hired him, the company can be liable for its own negligence in the hiring process (or for continuing to employ the driver after warning signs emerged).  If the truck driver was, indeed, in violation of FMCSA’s hours of service requirements, there is the potential for punitive damages, in addition to compensatory damages (medical expenses, wage loss, loss o normal life, pain and suffering, etc.).  One other possible wrinkle in today’s crash is that the truck was repaired just before this trip.  Often, negligently performed repairs or maintenance can lead to trucking accidents, and the victims in those cases may also have a cause of action against those who performed the repairs.

Exactly who is responsible to the victims is a question that can only be answered by a thorough investigation of the facts by a knowledgeable professional.  Our Chicago truck accident lawyers understand the need to fully explore the circumstances surrounding a trucking accident, to ensure that victims receive full compensation for their injuries from those who caused them.  We have decades of experience handling truck accident cases, and have obtained multi-million dollar verdicts and settlements on behalf of those injured.

To speak with an experienced Chicago truck accident attorney at Passen Law Group, call us at (312) 527-4500 for a Free Case Evaluation.

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