Posts Tagged ‘Brain Injury Lawyer’

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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Concussion Safety Finally Taken Seriously

Tuesday, March 29th, 2011

In recognition of National Brain Injury Awareness Month, throughout March the Chicago brain injury attorneys of Passen Law Group have been looking at various types of traumatic and nontraumatic brain injury, and exploring their effects, the available treatments, and how such injuries can be prevented.  This week, as the month draws to a close, we pay particular attention to some of the good news that has recently emerged on brain injuries.

Today’s good news is a positive step forward in concussion safety.  We are pleased to report legislative action in Springfield designed to prevent and minimize brain injuries in one of our most vulnerable populations: student athletes. We have previously written about the dangers of concussions in student athletes. Now, the Illinois legislature is taking command of this important issue.

First and foremost, there are steps which could be taken, but are not, to minimize the chance of concussion in these student athletes.  As an example, the simple mandate of universal use of a double-sided mouthguard, which cost around $5 each, would greatly reduce the risk of concussion in students participating in football programs – Yet these mouthguards are almost never used.

Moreover, when coaches and other adults in charge fail to recognize and respond to brain injury, the consequences of that injury can be dramatically increased. When a student athlete suffers a concussion, the correct response is to take him out of action, immediately, until cleared to return by a medical professional. Yet, the pervasive “tough guy” culture of sports often leads coaches to send these students back into the practice or game.

This can greatly increase the damage done, both directly, through worsening the existing injury, and indirectly, by leading to a second injury.  Subsequent concussions are more likely to occur when an athlete has not yet recovered from the first.  They are also often far more severe, particularly when they occur before the victim has had a chance to recover from the first.  Thus, sending concussed players back into action can change what could have been only a passing problem into permanent disability or death.  Our experienced brain injury attorneys have long said that this unnecessary risk is simply unacceptable.

Now, the Illinois House has passed legislation commanding all school districts in our state to put rules in place designed to protect student athletes from concussions. Specifically, the bill would mandate that all schools in the state adopt the Illinois High School Association’s concussion guidelines.  Although it was not included in this round of legislation, the bill’s sponsors also plan to introduce a bill expanding this requirement to park district sports.

Under the guidelines, the parents of student athletes would be forced into awareness of this important issue: they would have to sign off on the IHSA guidelines before their children could participate in school sports. Under these guidelines, referees are also given responsibility for concussion safety. Referees would be required to tell coaches when a player shows signs of a possible concussion, and to tell the players themselves that they should be evaluated by medical staff before continuing play.

The legislation, which unanimously passed the House last week, now heads for the Illinois Senate.

Our Chicago brain injury lawyers are pleased to see our state legislators taking this issue seriously. Sadly, however, there is one blemish upon this otherwise promising legislation.  While in the House, a key provision was eliminated from the bill.  In its earlier form, the bill would have mandated that school districts provide the funding for a doctor to examine students who showed signs of concussion. This provision was removed, however, as legislators were concerned that some schools would be unable to bear the cost of this requirement.

Still, we remain hopeful that this legislation will prove to be a useful and productive first step in protecting our state’s student athletes from needless brain injury.  We applaud the Illinois House for moving forward, and encourage the Senate to move swiftly and decisively on this legislation, as well.

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

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Nontraumatic Brain Injury: A Primer

Tuesday, March 15th, 2011

In observation of National Brain Injury Awareness Month, throughout this month our Chicago brain injury attorneys are focusing on the various types and causes of brain injury.  Earlier this month, we looked generally at traumatic brain injury, or TBI.  Traumatic brain injuries are “classic” brain injuries, and are caused by the type of accident generally associated with brain injury in the public imagination.

But there is a second major category of brain injury, one that is often overlooked:  nontraumatic brain injuries.  Today, we take a closer look at this type of injury.

Nontraumatic brain injury is any damage or injury to the brain that does not result in a blow to the head.  This can be the result of any number of causes, but the result is the same:  brain injury and its serious effects, up to and including disability and death.

Many of the effects and symptoms of nontraumatic brain injury parallel those of traumatic brain injury.  There are some important distinctions, however.  First and foremost, because TBI is the result of a physical injury to the brain, the injury is often (but not always) concentrated in a particular area or areas of the brain – where the blow occurred, or the object penetrated the skull.  Nontraumatic brain injury, however, is often systemic, affecting many or all parts of the brain rather than concentrated in a one or two particular areas of the brain.

The causes of nontraumatic brain injury are many and varied.  Nontraumatic brain injury can result from, among other causes, oxygen deprivation caused by heart attack or stroke, birth injury, certain illnesses, metabolic disorders, and toxic substances (poisoning or drug use).  Below are descriptions of some of the most frequent culprits in nontraumatic brain injuries.

•    Hypoxic-Anoxic Injury (HAI).  In spite of the technical name for this category of nontraumatic brain injury, it is actually very easy for the layman to understand.  Simply put, this type of injury results from oxygen deprivation to the brain, either partial or total.  This deprivation can in turn be caused by a difficult labor and birth, a heart attack or stroke, or many other events.

•    Infection. At times, something as simple as illness can lead to nontraumatic brain injury.  In particular, infections, whether viral or bacterial, can lead to swelling either of the brain itself (called encephalitis) or of the membranes surrounding the brain and spinal cord (called meningitis).  A wide variety of infections can lead to this result, from infections as commonly known as chickenpox, measles and mumps to more exotic infections such as West Nile virus, Epstein-barr, tuberculosis, and even lyme disease.  Sexually-transmitted diseases can also lead to this result, including herpes simplex and syphilis.  In addition, the AIDS virus, although it does not directly cause nontraumatic brain injury, leaves victims more susceptible to developing nontraumatic brain injury as the result of an infection.

•    Poisoning. Often referred to as toxic injury or metabolic injury, this cause is fairly straightforward.  Certain substances are inherently dangerous to the human brain, whether in any quantity or only if allowed to build up.  The classic example is lead poisoning, but the poison need not come solely from an external source.  This form of nontraumatic brain injury can also occur when substances that would otherwise pass harmlessly through the body are instead allowed to accumulate in the brain due to other bodily problems, such as kidney failure.

•    Drug Use and Abuse. Drug use can lead to nontraumatic brain injury in a number of ways.  First, drugs can act as a poison, damaging the brain in the same way.  Moreover, long-term drug use can actually alter the brain’s chemistry, leading to nontraumatic brain injury.  Long-term use can also indirectly cause nontraumatic brain injury by damaging other parts of the body, which in turn leads to brain problems.

•    Brain Tumors. Tumors can cause nontraumatic brain injury directly, damaging the brain as they grow, or indirectly – tumor treatments, including chemotherapy and radiation, can themselves cause nontraumatic brain injury.

Because nontraumatic brain injury is often the result of a “natural” cause such as heart attack or infection, many people do not realize that this form of injury can give rise to legal liability just like traumatic brain injury.  For example, the failure to properly diagnose and promptly treat many of the conditions leading to nontraumatic brain injury can amount to medical negligence, and thus may be actionable in a civil case.

If you or someone you love is the victim of a nontraumatic brain injury, it is important to consult with an experienced brain injury attorney.  A knowledgeable professional can help you to understand the causes of nontraumatic brain injury in your case, and determine whether you have a legal claim.

For a Free Consultation with a top Chicago brain injury lawyer at Passen Law Group, call us today at (312) 527-4500.

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