In a presentation to Virginia trial lawyers, neuropsychologist James P. Wade said that the most important factor in a brain trauma case is the victim’s condition immediately after the injury.
Dr. Wade identified four factors that personal injury attorneys should take into consideration when evaluating a brain-related case:
Was the victim unconscious and if so, for how long
Did the victim remember the incident or what happened immediately before and afterward
Any “hard” evidence such as a skull fracture, bleeding in the brain, or a seizure
the victim’s Glasgow coma scale (CGS) on a 0-15 range as measured by an EMT
Dr. Wade added that mild concussions can sometimes be too subtle to show up on CAT scans but can be detected by neuropsychological tests.
A test of this nature has three parts, each of which must be evaluated individually: organic (cognitive abilities), emotional (state of mind), and motivation (ability to comply with the tests).
If you believe that you (or a love one) have sustained a traumatic brain injury in Virginia, it is always important to hire experienced legal counsel. The Virginia brain injury lawyers at the Law Offices of Richard J. Serpe, P.C. have the experience needed, and the requisite contacts with the best doctors in the area, to ensure you and your loved ones have the best representation possible. Call Toll Free 877-544–5323 for a no-obligation consultation.
A mother reached a $9.5 million settlement with the healthcare providers who she claimed acted negligently during the birth of her son and were responsible for the boy developing cerebral palsy.
The delivery was fraught with complications, and was performed alone by a nurse midwife. The sponsoring doctor, who was supposed to be on call, was actually out of the country. The baby apparently suffered a brain injury after being deprived of oxygen for the last 15 minutes of delivery as a result of a compressed umbilical cord. The midwife allegedly did not call for help.
In the settlement, the hospital agreed to pay the Illinois mother $7.5 million, while the doctor and the midwife will pay her $1 million each.
AboutLawsuits.com explains the dangers of oxygen deprivation during childbirth:
Cerebral palsy can be caused by an injury to an infant’s brain before, during or shortly after birth. If the brain of a baby is deprived of oxygen, it can result in irreversible damage that leaves the child with developmental problems, loss of motor functions and other life-long injuries and disabilities associated with cerebral palsy. The condition is also commonly associated with seizures, sensory impairments and cognitive limitation.
Alcohol abuse cuts across all age groups, but it’s a particularly challenging issue among teenagers and young adults in Virginia and throughout the county in connection with car accidents that sometimes have fatal consequences. This following horrific accident occurred in rural Indiana, but it is the type of occurrence that sadly could happen anywhere.
According to Indianapolis news media, a 21-year-old Indiana motorist who was driving drunk and going about 80 mph plowed into a residence on May 8 after running a stop sign. The driver’s girlfriend, a backseat passenger, died in the crash, while another passenger was injured. The homeowners were trapped in the rubble before being rescued.
Once the driver, who has a one-year-old child with the deceased woman, was released from the hospital, he was taken into custody by the local police. He is facing ten felonies in the fatal accident, including reckless homicide and DUI. His blood test results apparently revealed a BAC of 0.19, more than twice the legal limit.
The couple had apparently just celebrated the baby’s birthday.
In Virginia and in virtually all jurisdictions, motorists arrested for driving under the influence are subject to severe criminal and administrative penalties and may also be sued by the victim or the victim’s family in civil court for personal injury damages. If you–or a loved one–-have been injured in a Virginia automobile accident caused by an impaired driver, regardless of that driver’s age, you need to know your legal rights. Contact the Law Offices of Richard J. Serpe, P.C., Toll Free 877-544-5323, for a no-obligation consultation.
Although it didn’t seem to get a lot of coverage in the media, the bill introduced by a Norfolk lawmaker to increase health protections for student athletes with suspected head injuries was signed into law by Governor McDonnell several weeks ago. The measure is meant to prevent athletes from getting back on the field or court prematurely.
Under the legislation sponsored by State Sen. Ralph S. Northam, a Norfolk a pediatric neurologist who has personally treated many teenage athletes for brain trauma, coaches are required to sideline any player with concussion symptoms until the student is cleared to return to action by a licensed health professional in writing.
The law also requires players and their parents or guardians to review information on the health effects of concussions each year. They then must sign a statement acknowledging that they have received that information.
In the Falls Church News-Press, State Health Commissioner Karen Remley expressed strong support for the law.
“Any blow to the head in a child or youth that is followed by changes in behavior, thinking or physical function needs prompt medical attention,” Remley said.
She wants students to know that if they continue to play after sustaining a concussion, they are risking a serious, long-term brain injury and, in some cases, death.
Senate Bill 652 also requires the Virginia Board of Education to develop policies regarding concussions for local school districts with a deadline of July 1, 2011. A blow to the head is apparently one of the most commonly reported injuries in children and teens who participate in extracurricular activities.
The busy intersection of Holland and Rosemont Roads in Virginia Beach is where most car crashes happen in the city, according to an investigation by WAVY.com. In 2009, 62 crashes occurred at the intersection. There are two factors that contribute to accidents there: the way the intersection is currently configured and impatient, distracted drivers.
WAVY notes that “The ultimate solution is road widening, which isn’t an option right now — patience is.”
With regard to the latter, police recommend slowing down, turning off the cell phone, and concentrating on abiding by the rules of the road.
This morning, WAVY aired the following report on the hazardous Virginia Beach intersection:
Fortunately, most Virginia motorists drive responsibly, but if you–or someone you love–have been injured in an automobile accident caused by a distracted or reckless driver, do not hesitate to get in touch with the personal injury lawyers at the Law Offices of Richard J. Serpe, P.C., Toll Free 877-544-5323, for a no-obligation consultation.
After a 100-day trial, a British Columbia judge has entered a $5 million-plus judgment in favor of a homeless woman who suffered severe brain injuries after being run over by a truck.
According to the SurreyLeader.com, the woman was riding a bike at the time of the accident:
When the 27-year-old went around the pickup truck, she was hit in the head by a passing tractor-trailer truck that came too close, suffering a severe skull fracture and permanent brain damage as a result.
Her injuries have left her in a “child-like” state, impulsive and unable to care for herself, Justice William Ehrcke said.
The judge found the tractor-trailer driver 80 percent liable, and awarded the victim $5.3 million to cover the cost of future care, plus $320,000 in damages. The total judgment is worth about $5.4 million in American dollars.
If you believe that you (or a love one) have sustained a traumatic brain injury in Virginia, it is always important to hire experienced legal counsel. The Virginia brain injury lawyers at the Law Offices of Richard J. Serpe, P.C. have the experience needed, and the requisite contacts with the best doctors in the area, to ensure you and your loved ones have the best representation possible. Call Toll Free 877-544–5323 for a no-obligation consultation.
Legislation signed by President Obama is expected to improve treatment options for military vets with brain damage. The Caregivers and Veterans Omnibus Health Services Act will give veterans with traumatic brain injuries more access to private care outside the VA hospital system, increase services for female and homeless veterans, and provide more care in rural areas. Perhaps most significantly, the law provides training and stipends to those caring for wounded service members in their family.
According to the McClatchy news service, the measure that was signed by the president on May 5 “sets up new training and certification for the family caregivers, access to ongoing support services, counseling and mental-health services, respite care, medical care and a monthly personal-caregiver allowance.”
A North Carolina couple, Army Sgt. Ted Wade (a wounded Iraq veteran) and his wife Sarah, have been credited with lobbying for these expanded benefits; they attended the signing ceremony at the White House.
Three U.S. senators have introduced a bill that would establish the same licensing requirements for teenage drivers across the country. The Safe Teen and Novice Driver Uniform Protection (STAND UP) Act would strengthen roadway safety, according to its sponsors. Currently each state establishes its own rules for new drivers.
If enacted, the STAND UP law would establish a three-stage licensing hierarchy–learner’s permit, intermediate stage, and full non-restricted license. The intermediate stage (a minimum of six months), which begins when the new driver’s learner’s permit expires, would remain in effect until the driver is 18 or older.
Additional requirements of the proposed legislation include the following:
Learner’s permits issued at age 16 or older, and non-restricted drivers licenses issued at age 18
Prohibit night driving during stage one and two
Prohibit the use of wireless devices during stage one and two except in emergencies
No more than one non-family member under the age of 21 may travel with driver operating on a learner’s permit, unless a licensed driver over the age of 21 is in the vehicle
States that decline to comply with the law would risk losing federal highway safety funding.
Those favoring a graduated driver licensing (GDL) program of this nature claim that “raising the learner’s permit to age 16 would reduce fatal crashes of 15 to 17-years-old’s by nearly 13 percent,” according to JusticeNewsFlash.com. Opponents maintain this inititiave would run counter to states’ rights. It’s unclear at this point whether the bill will go anywhere on Capitol Hill, however.
Under current Virginia law, texting while driving in the state is illegal regardless of the age of the motorist. And drivers under 18 in Virginia are prohibited from using any kind of wireless device in the car.
Earlier this week, on April 28th, Virginia Governor Bob McDonnell proclaimed Distracted Driving Awareness Day in the commonwealth. Over 200 public- and private-sector safety organizations in the state joined to urge motorists to pledge to change their driving behavior so the Virginia’s roads can become less dangerous.
According to poll results released by AAA Mid-Atlantic, over 80 percent of motorists in the region and in Virginia specifically want stricter distracted driving penalties even though many of them, for example, admit to using hand-held cell phones when behind the wheel. Apparently 25 percent of car crashes in Virginia can be attributed to some type of driver distraction according to the Virginia DMV.
Texting while driving is illegal in Virginia and 17 other states, and laws vary in other jurisdictions with respect to other kinds of mobile cell phone activity. For example, drivers under 18 in Virginia are prohibited from using any kind of wireless device in the car. As we have reported previously, the federal government has a full-court press against all forms of distracted driving.
AAA Mid-Atlantic (which serves members in Delaware, Maryland, Washington, DC and parts of Virginia, Pennsylvania and New Jersey)offers ten tips to minimize the risks of distracted driving when you get behind the wheel:
Change your ways and recognize the activities that distract you
Make a plan–know your route in advance
Manage your time to avoid multitasking or aggressive driving
Don’t let driving become your down time or “catch up” time
Scan the roadway–be aware of other drivers
Concentrate on your driving
Pull over if you need to do something that will take your eyes (or mind) off the road
Reduce the use–use technology sensibly
Take a driver improvement refresher class
Always buckle up
Fortunately, most Virginia motorists drive responsibly, but if you–or someone you love–have been injured in an automobile accident caused by a distracted driver, do not hesitate to get in touch with the personal injury lawyers at the Law Offices of Richard J. Serpe, P.C., Toll Free 877-544-5323, for a no-obligation consultation.
A new study postulates that the American taxpayer will have to pony up amounts in excess of $1 billion to monitor and replace defective heart pacemakers, specificially Medtronic’s Sprint Fidelis leads.
The report authored by H. Dennis Tolley, PhD, ASA, and funded by product liability lawyers, argues that these massive costs are the result of the 2008 U.S. Supreme Court Riegel v. Medtronic decision, in which the high court ruled that manufacturers could not be held liable for FDA-approved devices with the Class III designation (i.e., any device which is used to support or sustain human life or for a use which is of substantial importance in preventing or impairment of human health.) Instead Medicare will have bear the costs, which the report claims will total more than $1 billion by the year 2017.
The pacemaker leads in question were subject to a 2007 recall because they were prone to fracture and sent off false shocks. Leads are installed from the pacemaker to veins connecting to the heart, which provide the link between the heart and pacemaker.
The report concludes as follows:
This examination of the cost to Medicare for the defective Sprint Fidelis lead shows how a single defective life supporting or life sustaining medical device can cost patients and their insurance companies hundreds of millions of dollars. Because of the Court decision in Riegel, the manufacturer of the device is protected from any responsibility to pay for the damage their defective device causes. People on Medicare are 65 or older and have more life supporting or life sustaining medical devices than the general population. This increases the likelihood that someone on Medicare will be the recipient of a defective device and thus increases the cost to Medicare to provide additional medical care, because of damage caused by the defective device. The Medicare program, in its struggle to remain solvent, can ill afford to assume this expense.
The Medical Device Safety Act pending in Congress would expand liability for manufacturers of faulty medical devices. A Medtronic spokesman told FairWarning.com (which publicized the report) that the study’s methodology contained serious flaws.
FairWarning is an online, nonprofit publication that seeks to provide robust, public interest journalism on issues of health, safety and corporate conduct.
As widely publicized in the media, rock musician Bret Michaels–who reinvented himself as a reality TV star on The Celebrity Apprentice and other unscripted shows–was rushed to the hospital last week with an excruciating headache. It turns out he apparently suffered a massive brain hemorrhage.
In the case of Michaels, we still don’t know what exactly caused his brain injury, but we do know doctors discovered bleeding at the base of his brain stem when he was admitted to the hospital on Thursday. Further tests were planned for Monday to help pinpoint the exact source, according to the 47-year-old rocker’s Web site. For now, he remains in intensive care, where [neurosurgeon Nicholas) Bambakidis said he could stay for the next several weeks.
Michaels is no stranger to health issues. He is a Type-1 diabetic and also had an emergency appendectomy on April 12. Michaels fell off the stage while performing at the Tony Awards in June 2009, but there is no indication whether last week’s incident was related to what is sometimes called called “second-impact syndrome.”
According to Merck.com, “About 35% of people die when they have a subarachnoid hemorrhage due to an aneurysm because it results in extensive brain damage. Another 15% die within a few weeks because of bleeding from a second rupture.”
Although he is still listed in critical condition, latest word is, however, that Michaels plans to resume touring in late May.
For everyday people in Virginia and in other states who are outside of the entertainment world, traumatic brain injuries usually result from auto crashes, slip-and-fall accidents, or any jolt or shock to the head, neck, or brain. Victims may require life-long care which often places a financial burden along with an emotional toll upon the injured party along with family and loved ones. The Virginia brain injury lawyers at the Law Offices of Richard J. Serpe, P.C. have the experience needed, and the requisite contacts with the best doctors in the area, to ensure you and your loved ones have the best representation possible. Call Toll Free 877-544–5323 for a no-obligation consultation.
A grassroots campaign is underway to make a section of Shore Drive in Virginia more safe. Two pedestrians have been killed crossing the street at Cabo Cafe in the past six months, the latest being a Norfolk teacher who died on April 18, while 10 people have apparently been killed there in the past four years.
The mother of one of the recent victims has pleaded with the city to address safety improvements such as adding lights and a crosswalk and bringing down the speed limit at that stretch of the road. The Shore Drive Community Coalition has requested more police patrols and reducing the speed limit from 45 to 35 mph east of the Lesner Bridge.
Certain improvements are coming to the area according to Virginia Beach officials, although budget constraints will limit immediate progress. According to WVEC.com, a recent survey found 19 percent of area residents had been in a bike or car accident at some point on the road.
