Archive for the ‘Brain Injury Law’ Category

Amniotic Fluid Embolism Syndrome

Thursday, October 20th, 2011

labor delivery malpractice Amniotic Fluid Embolism SyndromeAmniotic fluid embolism syndrome (also known as anaphylactoid syndrome of pregnancy) is a disastrous complication of pregnancy and childbirth. The condition can be triggered by unpreventable effects of labor and delivery, or by medical malpractice at birth.

For an amniotic fluid embolism to occur, three conditions must be present:

  • (1) ruptured membranes of the amniotic sac (a “broken water”)
  • (2) ruptured uterine or cervical veins
  • (3) a pressure gradient from uterus to vein

When and amniotic fluid embolism occurs, amniotic fluid enters the mother’s circulatory system via the site of a uterine trauma (such as a laceration), the placental insertion site, or via endocervical veins, which can occur due to childbirth trauma, abortion, abdominal trauma during pregnancy, or even procedures such as an amniotic fluid infusion. This amniotic fluid may contain fetal squamous cells, fetal mucin, fetal hair, or other fetal “debris,” which can then migrate to the mother’s heart, lungs, brain, kidneys, liver, spleen, and pancreas. The amniotic fluid can trigger inflammation, allergic reaction, collapse of the heart and lungs, shock, or respiratory failure.

Amniotic fluid embolism syndrome occurs very infrequently. In fact, only one patient suffers an amniotic fluid embolism for every 8,000 to 80,000 births. Yet for some reason as-yet unknown, the incidence of amniotic fluid embolisms in the U.S. is on the rise.

And when an amniotic fluid embolism occurs, the results are extreme. First, the victim begins having shortness of breath and very high blood pressure. These symptoms rapidly proceed to cardiac or cardiopulmonary arrest or coma. This is known as the “first phase” of amniotic fluid embolism.

For those victims who survive the first phase (around forty percent of victims), a second phase follows. The second phase of amniotic fluid embolism, sometimes called the hemorrhagic phase, generally involves coughing, vomiting, severe chills and shivering, excessive bleeding, and, if the victim is conscious, a bad taste in her mouth. For those women who have not yet given birth, the reduction of oxygen supply during both phases can lead to fetal distress and danger.

Roughly half of all women who suffer an amniotic fluid embolism die within an hour after their symptoms begin. Overall, the death rate for victims of amniotic fluid embolism is around 80 percent, although around 70 percent of infants survive. Of those women who survive an amniotic fluid embolism, a large majority are left with permanent brain damage.

There are certain risk factors which help to predict amniotic fluid embolisms before they occur. For example, sudden or violent labor, advanced maternal age, delivery via C-section or using forceps or vacuum extraction, placenta previa, placental abruption, cervical lacerations, eclampsia, and enduced labor are all risk factors. Patients who are critically ill, or who suffer from venous thromboembolism, are at particular risk.  The failure to anticipate and protect against amniotic fluid embolism in patients who have one or more risk factors may itself constitute medical negligence.

If you or a loved one has suffered an amniotic fluid embolism, talk to an experienced medical malpractice attorney. Your attorney, working with expert medical advisers, can help you to determine the causes of the amniotic fluid embolism in your case, and help you to decide whether to take legal action.

If you have any questions about a serious injury resulting from a medical procedure, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

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Paralysis from Neck Surgery

Tuesday, October 18th, 2011

spine surgery paralysis 300x240 Paralysis from Neck SurgerySurgery on the neck or cervical spine is often necessary. Given the location of the surgery — the spinal cord — the consequences of  medical negligence can be catastrophic, including the possibility of paraplegia (paralysis).

Reasons for Neck Surgery

Neck surgery, such as a cervical diskectomy or laminectomy, has become rather commonplace.  Activities of daily living cause a great deal of stress to the human neck, and may cause degenerative changes in the cervical region of the spine (i.e., neck).

Traumatic events, such as motor vehicle accidents, falls, and collisions, can also cause a serious neck injury. As a result, many people suffer nerve damage, herniated discs, or other injuries which may require cervical spine surgery.

Not every neck injury requires surgery.  Oftentimes, doctors recommend conservative therapy or less extreme treatment (physical therapy, pain medication, accupuncture, etc.) before recommending surgery.  Sometimes a particular patient is not considered eligible for surgery (e.g., “not a surgical candidate”).  Other times, surgery is required to alleviate pain or regain lost motor function or range of motion.

Consequences of Injury During Neck Surgery

Neck surgery, if not performed properly, can cause severe and permanent damage, including paralysis. This injury can be caused by surgeon improperly placing pressure on the spinal column, causing nerve damage or a dural leak.  If not recognized immediately, this nerve damage can become irreversible — resulting in paralysis of the limbs.

Patients who suffer paralysis may need special equipment, modifications to their homes and vehicles, and extra care. This is in addition to the often extended medical treatments required to attempt to reverse the paralysis, as well as what is often an extended period of physical and occupational therapy. All this expense is compounded by a loss of income, as patients generally cannot work (or cannot work as much) during this extended treatment and recovery period. Thus, patients face not only extra expenses, but the inability to afford basic living expenses.

A top surgery malpractice attorney can help a patient who has suffered paralysis after neck surgery to determine the causes of her paralysis, whether medical malpractice was to blame, and how to best obtain compensation for her injuries.

If you have any questions about a spinal cord injury, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

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Steve Gleason and ALS

Monday, October 10th, 2011

The experienced brain injury attorneys of Passen Law Group recently wrote on the research tying ALS, or amyotrophic lateral sclerosis, to traumatic brain injury (TBI). Today, we share the story of one athlete suffering from TBI-induced ALS: Steve Gleason of the New Orleans Saints.

Steve Gleason is not only a retired football player, he is a local hero, adored by the people of New Orleans. But the very hard-hitting nature of his football career, which endeared him to fans, may now have lead to his debilitating brain disease.

Gleason’s rise to cult-hero status was against all odds. Small and slow for an NFL player, he still earned a scholarship to Washington State University, and one a position in the NFL. Never a starter, he was still an impact player, excelling on special teams, blocking punts, and leading in tackles on special teams plays.

He was also a born leader and giver. Gleason grew out his hair to be cut for the Locks of Love charity. He supported biofuels, even buying a diesel pickup and powering it with biodiesel. He demanded and began a recycling program at the team’s practice facilities.

Gleason retired from the NFL in 2008, after an eight-year career. By early 2011, he had received his ALS diagnosis.

As our brain injury attorneys know, Gleason is far from alone.

About 14 new victims are diagnosed with ALS each day, striking between one and three Americans out of 100,000, most of them men between 40 and 70 years of age (Gleason himself is 34).

ALS, often called Lou Gehrig’s disease, is a progressive, ultimately terminal disease. Over the course of the disease, a victim’s motor neurons stop working. Victims become less able to use or move their muscles, which then atrophy from lack of use. While remaining fully mentally aware and alert, the victim loses the ability to walk, talk, and eventually, even to swallow. Finally, the muscles surrounding the chest wall and lungs shut down, leading to pneumonia or suffocation.

Victims of ALS can often extend their lives, especially if they choose to be placed on a ventilator. But the disease is always progressive, and ultimately fatal. The average lifespan after diagnosis is two to three years.

Although head trauma and ALS have not yet been definitively tied, nor has their link been explained, our experienced brain injury attorneys are convinced by existing research. Italian soccer players, for instance (who suffer repeated head trauma from collisions with the ball and with one another), develop ALS at six times the average rate. NFL players, who experience frequent concussions and more severe forms of TBI, develop the disease at between eight and fifteen times the expected rate. Soldiers exposed to TBI from IED blasts likewise develop ALS at higher-than-expected rates.

The anecdotal evidence is also overwhelming. Some of the most notable victims of ALS developed the disease after suffering head trauma. Lou Gehrig was known for routinely playing through brain and other injuries. Stephen Hawking developed the disease after a concussion resulting from a fall down a flight of stairs. Gleason himself was known as a “kamikaze” hitter, participating in some of football’s worst collisions. He was diagnosed with a concussion at least twice, and admits to having had his “bell rung” on countless occasions throughout his career.

Whatever remains unclear about the link between traumatic brain injury at ALS, the continually evolving research plainly illustrates the massive personal and societal costs of TBI. We can only hope that new ways to fight this particular consequence will be developed soon, so that all sufferers – athletes, soldiers, and others – can have a fighting chance.

If you have any questions about a brain injury matter, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

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