Auto Accident Injury

Published on: September 22, 2012

Defendant, with his live-in partner, resided with a six year old ‘adopted’ daughter

by Stephen Bilkis

Defendant, with his live-in partner, resided with a six year old ‘adopted’ daughter and his other ‘adopted’ 16-month old boy. Neither child has been legally adopted. On November 1, 1987, defendant scolded the six year old daughter for not drinking enough water and expressed annoyance with her. At approximately 6:00 p.m. of the same day, the girl went to into the bedroom to ask defendant if he would take her with him to a dinner engagement. Moments later, defendant carried the unconscious body of the daughter out of the bedroom. When the wife asked him what happened, defendant replied, “What’s the difference what happened. This is your child. Hasn’t this gone far enough?” The wife had no idea what defendant meant by this remark. Defendant handed the girl to defendant, who placed her on the bathroom floor. The child’s eyes were closed, she was unresponsive and she was not moving at all. Her breathing was raspy.

Defendant from The Bronx dressed for the dinner and went back home. Upon his return, the girl hasn’t regain her consciousness at all. The wife, believing that defendant has healing powers, urged him to heal the child. Instead, defendant and the wife took cocaine where defendant admitted he knocked the girl down because she stared defendant a lot. The next day, the child was still unconscious. Defendant tried to revive the girl and the wife called 911. The paramedics decided to bring the girl to a hospital where a tube was placed into her trachea to insure that air would go directly into her lungs.

The medical personnel observed that the girl’s body was covered with multiple bruises in various parts of her body, legs, knees and thighs. A neurological resident concluded that the child sustained brain injury due to pressing down of the brain stem causing subdural hematoma near her forehead. Over the course of the next few days, the girl’s condition did not improve and she was not responding to medical treatment. On November 4, she was declared brain dead. On November 5, the hospital removed the girl’s life support system and was pronounced dead.

Published on: September 20, 2012

U.S. Representative Giffords’ Office Closing Gap in TBI Care

by Stephen Bilkis

Staff members in the employ of Rep. Gabrielle Giffords (D-Ariz.) have become key advocates in the campaign to ensure health-care guarantees for Americans who suffer traumatic brain injuries (TBI). They are advocating that other citizens should be entitled to the same high quality care that the congresswoman is receiving in her recovery from a January shooting.

Last month, Giffords’ chief of staff released a letter urging Health and Human Services to prioritize defining the minimum package of “essential benefits” in the new health-care law that will be required of insurance plans for individuals and small businesses. This new law is expected to be operational by 2014.

Giffords’ Staff members are also planning to join encourage the Defense Secretary to expand the range of “cognitive rehabilitative therapies” that Tricare, the military’s insurance program for active-duty and retired service members, covers in cases of brain injury.

Published on: September 17, 2012

30% of Brain Injury Victims Suffer from Depression

by Stephen Bilkis

A study reports that almost one-third of all cases of TBI (Traumatic Brain Injury) eventually lead the sufferer to a depression experience. A Vanderbilt University Medical Center team spent a considerable amount of time analyzing existing research on such brain injury-inducing incidents as: blunt force trauma to the head from traffic accidents, falls, sports and assaults.

Attorneys have long seen the correlation between the two events, but it is always welcome when an expert in the field corroborates the evidence. “Any patient who has a traumatic brain injury is at a real risk for developing depression, short and long term,” the study’s co-author said in a medical center news release.

“It doesn’t matter where on the timeline that you check the patient population — six months, 12 months, two years, five years — the prevalence is always around 30 percent across the board.” Compare this to the rate of depression in the general population which is about 9 to 10 percent, and the issue is apparent.

Published on: September 15, 2012

The chaos of war only compounds the difficulty in making decisions

by Stephen Bilkis

Sometimes the extent of moderate or severe damage caused by bTBI (explosive blast traumatic brain injury) is difficult to determine at first, doctors have told Lawyers. Severe facial trauma can prevent reliable neurological examination, especially when it comes to examining the pupils for reaction. Specialized tools are often necessary to even make triage decisions that could save lives.

The chaos of war only compounds the difficulty in making decisions when it comes to severe injury. When a doctor or other medical professional is used to medical centers in the United States, where there are adequate resources and help in the form of other professionals near at hand, it can be very difficult to work on a battlefield where everything is in short supply, but the number of patients is much greater.

Difficult decisions have to be made in such environments, doctors in Nassau and Suffolk have learned. It isn’t uncommon for a great number of severely injured patients to arrive at the same time. Efficient triage is essential for the best use of limited resources. There may be few health care providers, no operating rooms or CT scanners, and not many blood products to go around. It may even be impossible to evacuate patients to a better facility. The whole idea behind triage is take resources that may not be adequate and stretch them out to their best possible use to help the largest number of patients. They must be stabilized and their lives preserved until they can be evacuated into a better circumstance.

Published on: September 10, 2012

Plaintiff instituted a personal injury action against the defendants

by Stephen Bilkis

Plaintiff instituted a personal injury action against the defendants to recover damages due to a motor vehicle accident alleging that she was struck by the truck owned by defendant and its employee. In connection with the claim for damages, plaintiff alleged that she suffered head injury including pain in neck, shoulders, both arms, and lower back extending to both knees. She claimed that she was referred by an attorney to Total Care Plus where she was treated 2-3 times per week for about a year commencing a few days after the accident. She states that she received treatment from a psychiatrist, an internist, and a neurologist and received physical therapy with various modalities. Thereafter, she received treatment in China.

At the conclusion of the Brooklyn trial, the jury rendered a decision finding that plaintiff had not suffered an injury which resulted in a significant limitation of use of a body function or system or a permanent consequential loss of use of a body organ or member. The jury did, however, find that plaintiff had sustained a medically determined injury or impairment of a non-permanent nature that prevented her from performing substantially all of her material acts that constituted her usual and customary daily activities for not less than 90 days during the 180 days immediately following the accident. They awarded plaintiff damages in the amount of $70,000 for past pain and suffering, and $80,000 for future medical expenses payable over a period of 0 years.

Defendants move to set aside the decision of the jury based on the ground that:

Published on: September 8, 2012

The infant plaintiff, then a sixth grader at Intermediate School 292 in Brooklyn

by Stephen Bilkis

The infant plaintiff, then a sixth grader at Intermediate School 292 in Brooklyn (IS 292), was seriously injured when he fell down a flight of stairs on his way to lunch. Because of the resultant traumatic brain injury, plaintiff was unable to remember what caused him to trip and fell down. However, it was plaintiff’s theory at the trial of this action, that he was pushed down the stairs by a group of older students. Plaintiff further presented testimony that it was the written policy of IS 292 to have a teacher escort the sixth graders down to lunch from their second floor classrooms. Plaintiff claims that his teacher’s negligent failure to do so proximately caused his injury.

Plaintiff testified that, he had been in math class on the second floor right before lunch and that the teacher for the class was Mrs. Thomas. According to plaintiff, Mrs. Thomas never escorted her class to the lunchroom and that day was no exception. Plaintiff stated that at the sound of the bell, he and his friend Nathaniel headed to one stairwell, while the rest of the class went to the stairwell at the other side of the hall. The Manhattan Plaintiff testified that he suddenly heard footsteps which sounded like they were coming from a herd of buffalo and the next thing he remembered was waking up in the school nurse’s office with a tissue on his forehead and blood stains on his shirt. Plaintiff was taken by ambulance to Brookdale Hospital where he spent time in the Intensive Care Unit.

A Lawyer said that, at trial, plaintiff detailed the “excruciating” pain he suffered immediately following his accident and for the six days he spent in the hospital. Plaintiff described this pain as being in his head, neck, and lower back. Additionally, his arms and leg were swollen and sore and he was in a neck brace. After his release from the hospital, plaintiff received outpatient physical and occupational therapy there. The purpose of the physical therapy was to improve his balance and mobility skills and the occupational therapists sought to improve plaintiff’s hand/eye coordination and to build strength in his arms. Plaintiff stopped attending therapy but had to use a cane for balance for about three years.

Published on: September 5, 2012

This is an action for personal injuries allegedly sustained by the plaintiffs

by Stephen Bilkis

This is an action for personal injuries allegedly sustained by the plaintiffs herein as a result of purported exposure to lead-based paint at premises owned by the moving defendants. Susan Adams is the plaintiffs’ mother and she has commenced this action in her representative capacity as parent and natural guardian of Steffen Adams, an infant. The other plaintiffs, Shane Adams and Justin Adams, also the children of Susan Adams, have reached the age of majority.

An attorney from he Bronx said that in the Bills of Particulars verified by plaintiffs’ counsel, the plaintiffs Shane and Justin Adams alleged multiple neurological, cognitive functions, neuro-behavioral, developmental and psychological injuries including neurological damage, brain damageand Attention Deficit Hyperactive Disorder (ADHD) as a result of exposure to lead while residing at the defendants’ premises. Significantly, the plaintiffs’ Complaint alleges lead paint exposure during three (3) different time periods at three (3) different residential leasehold premises. Defendants Rizzo and Scaravillo were owners of premises known as 212 Seward Street at which plaintiffs resided between 1988 to 1990. The Cifra defendants owned 302 Mildred Avenue at which plaintiffs resided from 1991 to 1992. Defendant Luttinger owned 501 John Street at which plaintiffs resided from 1990 to 1991. The allegations of brain injury advanced by Susan Adams on behalf of Steffen Adams are verbatim identical to those of Shane and Justin.

Thereafter, Susan Adams was deposed, and upon commencement of this deposition, counsel for all parties stipulated, as is the custom and practice in this district, that all objections except those as to form were reserved until the time of trial and that the deposition would be held pursuant to the provisions of the Civil Practice Law and Rules. At the beginning of this deposition, plaintiffs’ counsel, James Nixon, made certain pronouncements and imposed significant unilateral limitations on the scope of the questioning he would permit Susan Adams to answer. Almost immediately, Mr. Nixon undertook a course of conduct at the deposition whereby he restricted the witness from answering questions, made demands for production of records supporting the questioning counsel’s “good faith” and otherwise engaged in conduct that, severely limited and unfairly and improperly obstructed the defendants’ ability to conduct the deposition.

Published on: September 3, 2012

Teacher and State Representative Recovering from TBI

by Stephen Bilkis

State Representative Dewayne Bunch, also a Whitley County High School teacher, is improving. According to the public relations and marketing director for Shepherd Center in Atlanta, Georgia, the 49-year-old who sustained a head injury while trying to break-up a fight between two students in the school’s cafeteria, in April, is recovering nicely.

The teacher was transported to Baptist Regional Medical Center and then transferred to the University of Kentucky Medical Center. Two weeks after that, he was moved to the intensive care unit at Shepherd Center, a hospital specializing in the treatment of brain and spinal cord injuries.  The State Representative’s traumatic brain injury (TBI) has improved enough that he has now even been moved to the hospital’s rehabilitation unit.  His wife was quoted as giving thanks to the public. “I appreciate the outpouring of support and kindness we’ve received from the community. Please continue to keep [my husband] in your prayers as he continues his journey to recovery.”

More extensive details on his recovery and prognosis are not available at this time. Realizing how varied brain injuries can be, an Attorney, has said that his brain could be recovering from a minor hurt, or it could be trying to reconnect neurons after a serious injury left him with a damaged portion of his brain. While it is unclear what the extent of the TBI is, the fact that the teacher is going to rehabilitation is a good sign. The first periods immediately after a TBI are extremely important and rehab helps tremendously.

Published on: August 28, 2012

These are three consolidated cases of employees

by Stephen Bilkis

These are three consolidated cases of employees who were all injured while they were performing tasks directly related to their employment. The only question raised in these cases is whether or not the employees here have suffered grave injury; that is, whether they suffered a brain injurythat results in permanent total disability. The question of what can be considered a permanent total disability has to be defined.

In the first case a Bronx ironworker fell about 19 feet to the ground. He was standing on a ladder installing a steel cupola. He was an employee of an iron works company which was then rendering iron works for a night club. The ironworker hit his head and sustained a brain injury.

He filed a suit in damages under the Worker’s Compensation Law against his employer, iron works company and the night club which hired the iron works company.

Published on: August 21, 2012

The current conflicts in Iraq and Afghanistan have led to a great many more serious injuries to United States service members

by Stephen Bilkis

The current conflicts in Iraq and Afghanistan have led to a great many more serious injuries to United States service members. One of the most prevalent and dangerous is explosive blast traumatic brain injury (TBI). Doctors have been studying the rising trend.

There have been a number of military medical treatments for blast TBI which have been a success in the war theater, such as decompressive craniectomy, cerebral angiography, transcranial Doppler, hypertonic resuscitation fluids, and others. There has been similar progress stateside in neurosurgery, neuro-critical care, and rehabilitation for patients suffering injuries caused by blast TBI.

As they continue to treat these injuries, military physicians in Brooklyn and Long Island have been able to clinically categorize many types of blast TBI, according to studies. One of these important discoveries is the development of psuedoaneurysms and vasospasm in severe blast TBI victims, which can cause delayed decompensation. Another is that mild blast TBI often has very similar clinical features to post-traumatic stress disorder (PTSD). Some physicians have conclude that the injuries explosive trauma causes to the nervous system might be more complex than might appear at first examination.