Archive for the ‘Aviation Liability’ Category

Study Finds Brain Imaging Can Predict Pain Intensity

Thursday, April 11th, 2013

fMRI Detect Pain 300x194 Study Finds Brain Imaging Can Predict Pain IntensityPain and suffering is often difficult to measure, even by the most experienced pain specialists.  Patients are typically asked to rate their own pain on a scale of 1-10.  Although there are objective ways to confirm physical and psychological injuries consistent with pain, the nature and extent of pain is typically measured by the patient’s own subjective self-reporting.

A new study published in the New England Journal of Medicine finds that brain imaging can be used to objectively assess pain — both physical and emotional pain.

The study involved a total of 114 patients who underwent functional magnetic resonance imaging (fMRI) — a unique and new form of neuroimaging — while being stimulated with heat-induced pain, as well as “social pain.”

What is Functional Magnetic Resonance Imaging (fMRI)?

fMRI is a relatively new form of neuroimaging used to measure brain activity by detecting changes in blood flow that occur in response to certain stimuli. fMRI can identify the parts of the brain that are involved in certain mental processes.

fMRI use is controversial, because it is a relatively new neruoimaging technique.  However, fMRI can be extremely beneficial to identifying a brain injury in patients who are symptomatic of neurologic dysfunction, yet have “normal” brain scans using typical imaging techniques.

As the above-mentioned study demonstrates, fMRI can also be extremely helpful in identifying pain.

fMRI to Identify Physical and Emotional Pain

The study found that in those patients who were subjected to heat-induced pain while being imaged with fMRI, a “nerologic signature” emerged:  increased brain activity in the thalamus, posterior and anterior insulae, secondary somatosensory cortex, anterior cingulate cortex, periaqueductal gray matter, and other regions of the brain.

Even more interesting, the study found that fMRI was helpful in identifying emotional-related pain — related to depression, post-traumatic stress disorder (PTSD), or other events that cause emotional pain.  When subjecting such patients to “social pain,” the fMRI showed that many of the same brain regions were activated as with physical pain.

In general, the study found fMRI to be over 90% sensitive (or accurate) in identifying physical and emotional pain.

This is a huge breakthrough for pain research and treatment for those with chronic and acute pain — both physical and emotional.  Based on this research, new treatment may be developed to focus on these specific areas of the brain that are triggered, rather than on the conventional approach to attempting to block pain impulses from getting into the spinal cord and the brain.

At Passen Law Group, most of our clients have experienced significant pain — both physical and emotional — as a result of serious motor vehicle accidents, medical malpractice, and other contexts which produce pain.  We welcome these new developments addressed at identifying pain, and hopefully leading to beneficial treatment for pain.

For a Free Consultation with one of our attorneys, Call us at 312-527-4500.

New Airplane Passenger Protection Regulations

Tuesday, September 27th, 2011

airplane passenger regulations 300x225 New Airplane Passenger Protection RegulationsThe aviation crash attorneys of Passen Law Group are pleased to report that new DOT passenger protection regulations have now taken effect. These important rules, which were announced in April, provide additional rights to airline passengers in the United States.  Although the regulations do not impact airline safety — an area which clearly needs to be more fully addressed — they aim to make airline travel a little less burdensome for travelers.

The new regulations provide for the following:

  • A hard deadline of four hours of tarmac waiting for international flights departing from U.S. airports.
  • Extends the three-hour hard deadline for domestic flights to small-hub and non-hub airports, which were previously exempt from the waiting limits.
  • Requires airlines to refund any fee paid for a bag which does not reach its destination. Existing regulations also require airlines to compensate travelers for reasonable expenses associated with lost baggage, damaged baggage, or baggage which arrives on a later flight than its owner.
  • Increases the compensation  paid to passengers “bumped” from oversold flights — from up to $400 (an amount equal to the price of the ticket) to $1,300 for longer delays (an amount equal to four times the price of the ticket).
  • Mandates greater transparency in various airline fees, including baggage fees, meal fees, fees for canceling or changing reservations, or fees for reserving seats in advance or upgrading existing seats.

The regulations extend not only to domestic flights, but also to international flights operating out of U.S. airports. Most notably, this means that these flights, like domestic flights, are now subject to tarmac delay rules, and to fines and penalties if passengers are left sitting on the tarmac beyond the established allowable times.

The airplane law attorneys of Passen Law Group encourage all airline travelers to familiarize themselves with the new rules and regulations. If your airline violates any of these rules, speak up. If the problem is not corrected, you may wish to speak with an attorney to enforce your rights, and the rights of others.

To speak with one of Passen Law Group’s top-rated Chicago injury lawyers, call us at (312) 527-4500 or fill out a free case evaluation form on our website.

Unexplained Plane Crash Puts the Focus on Aviation Safety

Thursday, July 28th, 2011

This week, Chicagoland was rocked by yet another light aviation accident, this time claiming the lives of three people.  A single-engine Piper PA 46 plane was taking off from the Rantoul Airport when it crashed. The pilot and both passengers were killed, although it is not yet clear whether it was the crash or the subsequent fire which claimed their lives.

The FAA has begun an investigation, as has the National Transportation Safety Board. The FAA regulates airplane manufacturing and maintenance, as well as in-flight operations, and will investigate the accident from this perspective. The National Transportation Safety Board (NTSB) is responsible for  investigating aviation accidents and recommending changes, and will be looking into the accident with this view in mind. The Champaign County Coroner’s office is likewise conducting its own investigation.

Until those investigations are complete, we will not know the true cause of last week’s crash. Many have been quick to blame the severe weather moving through the area at the time of the crash, and that may indeed prove to be the explanation. But our Chicago airplane crash attorneys are not so quick to dismiss the many possible causes of a light aviation crash.

Many aviation accidents are caused by pilot error. But they are just as frequently caused by defects in the plane itself, or negligent maintenance. Although, due to the fact that the plane was destroyed by flames after the accident, it will be difficult to reconstruct what occurred in this case, detailed and difficult forensics are often a part of aviation accident cases.

It remains to be seen whether the weather, or some other cause, was to blame in this latest accident. If defective equipment or improper maintenance were factors in the crash, then the families of the victims may have a legal claim for some of the damages suffered. A top airplane accident attorney can help the victims of this, and any, crash to sort out their options.

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

New FAA Recommendations for Children’s Air Travel

Thursday, June 16th, 2011

child airplane safety 300x265 New FAA Recommendations for Childrens Air TravelThe Federal Aviation Administration (FAA) has recently announced updated recommendations for airplane travel for infants and small children. The new guidelines change the agency’s guidance for how to ensure the safety of these littlest travelers. Also joining is support of the new recommendations is the Association of Flight Attendants (AFA). Our Chicago airplane crash attorneys believe the new guidelines are an important step in protecting children from serious injury.

Late last month the FAA, via administrator Randy Babbitt, held a press conference to announce the new recommendations. These recommendations are targeted not only to parents and other caregivers, but to the airline industry itself. The recommendations deal exclusively with children weighing forty or fewer pounds, leaving children above that size are withing the adult safety guidelines.

The FAA states that its new guidelines are based upon the belief that securing infants and children under forty pounds in an approved safety seat, properly attached to the child’s own airplane seat, will greatly increase the safety of these passengers.

Under current FAA policy, children under the age of two do not require a safety seat, or even a seat. These smallest passengers can fly for free as a “lap child,” a child whose assigned seat is simply the lap of an adult. Thus, while the adult uses a seat belt and is safely restrained, these littlest Americans are not.

The FAA’s changed recommendations come in response to changing standards from other institutions. In March of 2011, the National Highway Traffic and Safety Administration (NHTSA) and the American Academy of Pediatricians (AAP) worked together to change their own guidelines for automobile safety for children to minimize children seriously injured in car accidents. The changed guidelines altered many of the previous recommendations, setting new standards for age, weight, and safety-seat direction.

The FAA has chosen to make its new recommendations optional, not mandatory. This means that airlines will have the choice whether to adhere to the current policy, or move to the new one. With travelers already balking at the current price of airline travel, it is unlikely that many airlines will choose to alienate family travelers by requiring the purchase of additional seats for children — even though it is safer for the child.

The FAA’s decision not to enforce the new recommendations springs directly from this cost issue. The FAA maintains (and our Chicago car accident attorneys agree) that airplane travel is a safer option than motor vehicle travel, both for children and adults, than highway travel in the family automobile. The FAA also maintains that flying, even as a lap child with no approved safety seat or harness, is considerably safer than auto travel.

For a free consultation with an experienced Chicago airplane accident attorney at Passen Law Group, call us at (312) 527-4500.

Child Safety in Autos and Air

Monday, February 14th, 2011

While severe injuries and deaths in automobile accidents are always tragic, there is perhaps nothing more disheartening than the loss of a young life – a child injured or killed in a crash.  This tragedy is only compounded when the injury or death of these innocent youngsters could have been avoided through the use of proper child safety seats and restraints.

With that in mind, the National Transportation Safety Board (NTSB) is devoting 2011 to a year-long effort to educate the public about child transportation safety, through a campaign designed to reach parents and other caregivers, state and federal regulatory agencies, and the transportation industry itself.  The campaign is focused on the need for proper child seats, booster seats, and child restraints.  As our experienced Chicago accident attorneys know, this simple precaution, so often ignored, is the single best and easiest way to protect children traveling in automobiles and airplanes.

The NTSB’s campaign includes a public forum, held at the close of last year, titled ‘Child Passenger Safety in the Air and in Automobiles.”  The forum was broadcast live via a webcast, which is still available to the public on the NTSB’s website, www.ntsb.gov/children.  Also available on the site are short videos on child passenger safety used during the forum, including a set of videos depicting a car accident that killed 4 children and severely injured two others, and a simulation of how the children would have been protected had they been properly secured in age-appropriate booster seats.

Likewise, the current campaign also focuses on the use of proper child restraints in airplanes.  At the end of last year, the Federal Department of Transportation’s Future of Aviation Advisory Committee (FAAC) presented 23 recommendations to DOT Secretary Ray LaHood.  Among those recommendations were several related to child airplane safety.

First, the FAAC recommended that Secretary LaHood utilize DOT resources to educate parents and the public about the dangers of holding a child on a parent’s lap while flying.  The Committee further recommended that the DOT update safety and economic data on child airplane passengers, and consider taking steps up to and including rulemaking in response to that data.

National Transportation Safety Board Chairman Deborah A. P. Hersman believes that these recommendations do not go far enough.  As she stated, “We appreciate the FAAC acknowledging the dangers associated with children flying on their parents’ laps, but we would have preferred to see the FAA be mandated to require that every person including our youngest children be restrained appropriately for their age and size.  We know that the safest place for children younger than age two traveling on airplanes is in an appropriate child safety seat. The era of the lap child on airplanes should come to an end.”

Our aviation crash attorneys applaud Chairman Hersman for her fierce advocacy for child airplane safety, and agree that the recommendations, while a good step, are inadequate.  While airplane crashes are infrequent, when they do occur the damage – particularly to young children – can be great.  Any inconvenience caused by the simple step of properly securing children in age-appropriate seats and harnesses is far outweighed by the safety benefit these seats confer.

The child injury attorneys of Passen Law Group wish the NTSB luck in its year-long child safety campaign.  We urge all parents and caregivers to view the Board’s videos before making decisions about car and air travel, and to take these simple steps to protect our nation’s children.

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