Archive for the ‘Brain Injury Law’ Category

Traumatic Brain Injury Can Mimic Lou Gehrig’s Disease

Tuesday, August 24th, 2010

Lou Gehrig, the former New York Yankee, is a symbol of inspiration and courage for many Americans, especially those with loved ones fighting progressive or degenerative diseases such as the condition which now bears his name.  Yet, as our Chicago brain injury lawyers explain,  a new study in the Journal of Neuropathology and Experimental Neuropathology reveals that athletes (and others) who have been diagnosed with or even died from Lou Gehrig’s Disease may have been misdiagnosed.  The paper, which was peer-reviewed before publication, reaches the shocking conclusion that traumatic brain injury (TBI), including concussions and other sports injuries, can mimic Lou Gehrig’s disease.

Lou Gehrig’s disease, technically known as amyotrophic lateral sclerosis, or A.L.S., is a disease affecting the brain and spinal cord, which control voluntary muscle movement.  This leads to problems with strength and coordination, and eventually progresses into the inability to perform basic tasks (sitting, standing), and eventually death.

The study was prompted by reports from the doctors at the Boston University School of Medicine, who serve as the principal researchers looking into brain damage in former NFL players who have passed away, and at the Veterans Affairs Medical Center of Bedford, Massachusetts.  These doctors reported that they had found interesting results in two NFL players and one boxer.  All three men had been diagnosed with Lou Gehrig’s disease, but had markings in their spines showing that they, in fact, did not have the disease.  Instead, they were suffering from a different fatal disease – one caused by traumatic brain injury, and which erodes the nervous system in ways that mimic Lou Gehrig’s disease.

These findings help to explain why athletes and veterans are diagnosed with Lou Gehrig’s disease at rates significantly higher than the general population.  Indeed, NFL players are diagnosed with Lou Gehrig’s disease at a rate eight times that of the general population.  Likewise, in 2005, a study found that in Italy, professional soccer players are diagnosed with the disease at a rate six times that of the general population.  U.S. Soldiers also have an elevated rate of  Lou Gehrig’s diagnoses.

If you have suffered a traumatic brain injury (mild to severe), and were then diagnosed with A.L.S., it may be worth reexamining your condition.  If you were misdiagnosed, your treatment can be altered to help you cope with the condition you actually have.  Moreover, depending on the circumstances surrounding your brain injury, you may have a cause of action that can help you defray the costs of managing your condition.  Our Chicago brain injury lawyers can help you analyze your specific situation and help you determine what action you want to take.

This study, with its profound implications, should have an immediate effect on diagnoses in athletes and veterans.  Once the true nature of their disease is understood, they can be more appropriately treated – and, with further research and commitment, perhaps even saved.  These findings should also help advance the search for effective treatments for Lou Gehrig’s disease itself, as it will eliminate from studies and data those who do not actually have the disease.

Lou Gehrig himself sustained multiple traumatic brain injuries.  For example, in a 1934 game against the Norfolk Tars, the Yankee great was hit in the head by a fastball, above his eye.  He was left unconscious, and had to be helped off the field after he came to.  In fact, Gehrig had a history of repeated concussions and other traumatic brain injuries.  This is only in his baseball career – historians suspect that he also suffered traumatic brain injury during his years as a halfback in high school and college football.  Because Gehrig’s remains were cremated, we will never know whether he in fact died from the disease that bears his name.

In addition to Lou Gehrig himself, other famous victims of the disease include theoretical physicist Stephen Hawking.  Hawking’s disease has often been described as “atypical,” however, because he has lived far longer than expected.  Notably, it has been reported that the first “sign” of Hawking’s Lou Gehrig’s disease was when he lost his balance, fell down a flight of stairs, and hit his head.  His case could thus be reexamined, as well.

Gehrig, who is famous for his streak of 2,130 games over 14 years, was also notorious for his “commitment” to playing through concussions, traumatic brain injuries, and other injuries.  We now know that his legendary “toughness” is better described as foolhardiness, or even stupidity.  This new study confirms what our Chicago brain injury attorneys have been saying all along – playing sports with a brain injury is an unacceptable risk.  Professional athletes should never take this risk, for their own sake and for the sake of the example they set for our young people.  And young people who are encouraged or ordered to “play through” even mild brain injury, and who suffer long-term consequences up to and including Lou Gehrig’s disease may have a cause of action.

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

Depression: The Unexpected Cost of TBI

Thursday, August 12th, 2010

Our traumatic brain injury (TBI) attorneys have often written about the high personal and societal costs of traumatic brain injury.  Now, it has come to light that traumatic brain injury, or TBI, has yet another negative consequence that has gone unacknowledged in the past:  clinical depression.  A new study released in the Journal of the American Medical Association looked at the connection between TBI and clinical depression, and the results were astounding.  Of those who survive a traumatic brain injury, nearly half will suffer from clinical depression in the year following the injury.

This high rate of clinical depression is about eight times higher than the rate of clinical depression in the population at large.  And the researchers conducting the study stated that they believe that this is a conservative picture of the rate of depression in TBI victims.  Adding to the problem, those TBI victims who experienced clinical depression also experienced higher rates of other complications of the brain injury, including greater pain, greater difficulties with mobility, and greater issues with performing their usual activities and responsibilities.

The study did not establish causation, however:  it is unclear whether the depression caused these complications, or vice versa, or even whether both are associated with particular types of brain injury.  Nor did the study look at whether repetitive TBI, commonly seen in athletes and soldiers, had any association with increased risk of depression.  What is clear, however, is that the physicians and loved ones of TBI victims must carefully monitor these individuals so that depression can be promptly addressed.  Our Chicago brain injury lawyers have often seen depression in our clients, and hope that this study will help to persuade judges and juries to include compensation for this injury in brain injury awards.

The study, conducted by researchers from the University of Washington, looked at over 500 participants in the Seattle area.  All had suffered a head injury, and had signs of brain trauma visible on a CT scan.  All also suffered complications from the head injury consistent with TBI (such as loss of consciousness, disorientation, etc.).  Researchers monitored the participants for the first six months after their injuries, then at 8, 10, and 12 months after.

The severity of the injuries studied varied greatly.  But the severity of the injury appeared to have little to no connection to the likelihood of clinical depression.  Some factors did have a connection to the likelihood of depression, however.  Some of these were predictable, such as prior history of depression or other mental problems, drug addiction, and the cause of the injury (victims of violence were far more likely to suffer from depression).  Other factors were less predictable – for instance, a TBI victim was more likely to suffer from depression if he is African American, had not completed high school.

A traumatic brain injury can be a serious problem.  In the United States alone, about 1.5 people suffer a TBI each year.  The symptoms of TBI can include those listed above, as well as personality changes, memory problems, difficulty concentrating, headaches and mood swings.  For the majority of victims of TBI symptoms cease within a year.   For others, however, these symptoms can last much longer.  80,000 Americans each year suffer from a TBI that results in a persistent, major, disability.

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

Preventing Summer TBI and Spinal Cord Injuries

Monday, August 9th, 2010

At Passen Law Group, our Chicago brain injury attorneys and spinal cord injury lawyers are experienced at litigating catastrophic brain and spinal injuries, and getting victims the compensation they deserve.  But obtaining justice after the fact is obviously not the ideal solution.  Far better is to prevent these life-altering or fatal injuries before they can occur.  To that end, the American Association of Neurological Surgeons has issued guidelines for safe summer fun, designed to prevent spinal cord injuries and traubicycle accident lawyer 300x238 Preventing Summer TBI and Spinal Cord Injuriesmatic brain injuries (TBI).

There are a number of actions that individuals can take to prevent these injuries no matter what sport or outdoor activity they prefer.  If you are feeling sick or particularly tired, you should not engage in sports.  Sporting equipment that has become old or damaged should be replaced.  Parents should also carefully supervise youngsters while they play, and always ensure that children are engaged in age-appropriate activities.  It is also important that children, particularly young ones, never play on playground equipment mounted on a hard surface.

Other important safety rules are applicable only to particular sports or activities.  For example, when playing baseball, never slide headfirst into a base.  When playing football, never tackle another player or make a hit using the top of your helmet.

One of the most dangerous summer activities, most likely to result in brain and spinal injuries, is swimming and, more particularly, diving.  Swimmers should never dive in water less than twelve feet deep, and should always check the depth of the water before diving, and ensure that the water is clear of debris.  If you are swimming in a body of water for the first time, you should walk into the water and become familiar with the depth of the area before attempting a dive.  When swimming in a public place, such as a pool, park, or beach, be aware of warning signs and always follow them.  Those swimming in above-ground pools should never dive.

There are also a number of things that can help prevent TBI and spinal injuries while enjoying the summer months on a bicycle.  The most important prevention strategy is, of course, to always wear a helmet when biking or riding a motorcycle, scooter or other similar device – and make sure that your helmet fits correctly and is approved by SNELL, ANSI, or ASTM.  Bikers should also refrain from using headphones, and stay aware of their surroundings.  Bicyclists should steer clear of moving vehicles, and never grab or hold a moving vehicle in order to “hitch a ride.”  As for parked cars, bicyclists should always leave enough distance to avoid being hit should a door suddenly open.  Finally, children under one year of age should not be carried on a bicycle because, while helmets are essential for all riders, the necks of these youngsters are weaker and can actually be injured by the weight of the helmet.

Helmets are also essential when skateboarding or using inline skates.  Our Chicago traumatic brain injury lawyers echo the advice given by the AANS.  Many of the most catastrophic injuries — paraplegia, quadriplegia, severe traumatic brain injury — could be prevented or minimized by taking this simple precaution when biking, skating, or motorcycling.  Skaters and skateboarders should, of course, also wear knee and elbow pads, wrist guards, and gloves.  Awareness is also essential.  Skaters and skateboarders should keep alert for uneven surfaces, debris, or cracks.  They should also be aware of the state of their equipment, and replace or repair any damaged parts before skating.

If these simple precautions are taken, the number of spinal cord injuries during the summer months could be greatly reduced.  Our top Chicago brain injury attorneys encourage everyone to follow these rules, in the hope that fewer people will need our services.  Stay safe, and enjoy the Chicago summer!

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