Traumatic Brain Injury Can Mimic Lou Gehrig’s Disease

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.

Park Ridge Rejects Distracted Driving Ban

August 20th, 2010

After meeting with clients who have been critically injured or whose family members have been killed in accidents caused by distracted drivers taking on their cell phone, texting, or surfing the internet using their “smartphones,” our Chicago truck accident attorneys have written in great detail about the dangers of distracted driving.  Yet, in the latest area government failure, the city council of Park Ridge voted last Monday against a measure that would have put in place an ordinance banning drivers from using cell phones that are not hands-free.  We are profoundly disappointed.

Park Ridge, a suburb in northern Cook County, Illinois, follows procedures where a majority vote of aldermen is required to advance any measure or ordinance to the full city council.  The measure banning non-hands-free cell phone use, unfortunately, failed on a tie vote.  The three aldermen opposing the measure stated that they believed such a measure would be either unenforceable or selectively enforced.  Our personal injury lawyers take issue with this reasoning, since the City of Chicago and federal government (with respect to commercial truck drivers) has already passed similar bans.

Shockingly, Alderman James Allegretti based his vote against the measure on an illogical rejection of the facts demonstrating the dangers of distracted driving.  After the vote, Alderman Allegretti specifically stated his disbelief of the studies demonstrating that driving while using a handheld cellphone is as dangerous as driving drunk.  He stated that, “People pull these things out of who knows where.  I don’t know that these statistics are valid.”

Alderman Allegretti should be ashamed of letting his own ignorance stand in the way of critical safety legislation.  The study to which he refers looked at the rate of accidents among drivers using a handheld cellphone, and found that accidents occur four times as frequently when a handheld cellphon is used.  They also looked at accident data involving drunk driving, and found that drivers who are intoxicated also have an accident rate about four times greater than sober drivers.  People, Alderman Allegretti included, simply choose to believe that, because these two behaviors “feel” very different to them, they cannot have the same result.  Perhaps this is why 81% of Americans still persist in this behavior.  But an individual’s uninformed opinion of the risks simply cannot change the data.

The Aldermen who supported the measure, by contrast, are well informed.  The measure itself cites a 2008 study by the National Traffic Safety Institute, a 2006 study by the University of Utah, and the related comments of U.S. Secretary of Transportation Ray LaHood.  These Aldermen also have anecdotal evidence of the dangers of distracted driving.  One of them, Alderman Donald Bach, stated that he was nearly struck on his way to the meeting at City Hall by a woman driving while talking on a handheld cell phone.

This inaction is particularly frustrating as the measure itself, which should be staightforward and noncontroversial, has been under debate for nearly nine months.  And the City Council did not even take independent action in starting the debate:  a resident, Stephanie Kunz, had to ask them to consider such action.  Ms. Kunz should be proud of her concern and initiative.  The council should be chagrined that it was required.

At the same time, the city council considered a resolution asking the Illinois general assembly to pass a statewide law banning cell phone use that is not hands-free.  This measure also failed on a tie vote.  Interestingly, however, the Aldermen supporting each of the two rejected measures opposed the other.  Alderman Robert Ryan, who supported the local ordinance but voted against the resolution seeking action in Springfield, explained his position with words that ring true to many:  “I don’t expect our state to take a leadership position on a whole lot of stuff right now.”

Springfield might soon be fiscally motivated to take action, however.  The Senate Commerce Committee recently entertained legislation, called the Distracted Driving Prevention Act, which would provide grants to states who enact state legislation banning texting and the use of handheld cellphones, and the use of any cellphones by those under 18.  Chicago auto accident attorneys have previously urged the Senate to pass this legislation as soon as possible, and continue in our support of the bill, and of state action regardless of whether the federal bill is passed.

There is still some hope for both failed Park Ridge measures.  One Alderman, Thomas Carey, was absent from last Monday’s meeting.  Thus, with his support the measures could potentially be revived and advanced to the council.

Park Ridge is, sadly, not alone in its inaction on this crucial issue.  Very few Illinois municipalities have taken action to ban driving while talking on a cell phone.  Among those that have are Chicago itself, as well as Evanston and Winnetka.  There is now, however, a state ban on driving while texting, which is at least a step in the right direction.

Regardless of the enforceability of such laws, they are absolutely crucial.  First and foremost, their passage sends a powerful message, and may help to deter distracted driving.  Additionally, however, the presence of such laws on the books makes it easier for the victims of distracted driving to obtain compensation in a civil action.  It is important that victims of car accidents caused by distracted drivers bring such actions, and with competent, experienced counsel such as the attorneys at Passen Law Group.  Perhaps, if enough verdicts are won, drivers will begin to take notice and put down their smartphones.

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

CTA Bus Accidents Are a Daily Occurrence

August 18th, 2010

CTA bus crash 300x199 CTA Bus Accidents Are a Daily OccurrenceOur Chicago accident attorneys are becoming increasingly concerned by the number of accidents caused by CTA buses.  As most Chicago residents are aware, CTA busdrivers often assume a cavalier attitude towards the surrounding traffic and pedestrians – changing lanes erratically, running red lights, and stopping across intersections.  Unfortunately, this has behavior has predictably resulted in an unreasonably high accident rate at the CTA.

In 2009, the CTA averaged a crash for about every thirty-four-thousand bus runs.  These accidents include not only more typical vehicle collisions, but buses colliding with pedestrians, bus shelters, light poles, viaducts, and even a house – which was so badly damaged it had to be demolished.

To put this figure in perspective, this is about one accident per day.

Lest you think that this number of accidents is normal, this puts Chicago at the bottom of the barrel in comparable mass-transit systems.  The Federal Transit Administration compiled statistics from 2008 to the present on the CTA, as well as the nine other biggest U.S. public bus systems.  The CTA had the most accidents of the ten.  While our Chicago bus accident lawyers are not surprised, we are disheartened.

There is some good news:  although the number of accidents is astounding, the CTA is posting more accident-free bus runs.  In fact, from 2008 to 2009, the CTA’s number of accidents per bus run increased by around nine percent.  The CTA management attributes this increase to its own efforts, including “renewed” emphasis on defensive driving, and better training, such as the use of bus simulators in its garages.

The CTA also credits another aspect of its driver training for the nine percent improvement:  driver retraining.  Yet it is not until a driver has been involved in two or more “serious” accidents that drivers are given one-on-one instruction that includes analysis of how the crashes could be avoided.

Perhaps more importantly, even with such a large improvement, the CTA remains woefully behind its peers in this important measure of safety.  We urge the victims of bus accidents caused by CTA bus drivers, and defective vehicles, to take action – perhaps if the CTA is called to account for these actions, it will get serious about training, “retraining” and disciplining drivers before a serious problem is at hand.  For those pedestrians, drivers and passengers seriously injured or killed in serious motor vehicle or bus accidents, it is critical to contact a top transportation accident attorney as soon as possible.

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