Brain Injury Lawyer Blog 24/7

Published on: November 7, 2012

Pennsylvania Man Aims to Raise Awareness of Brain Injury

by Stephen Bilkis

A Towanda resident, the vice president of the Pennsylvania Brain Injury Coalition, has spearheaded efforts at the Pennsylvania state Capitol in an effort to bring about increased awareness concerning brain injuries. His intention is to use the raised awareness to fight for legislation intended to prevent injuries and offer better medical treatment to those affected.   A witness on the scene said, “As part of Tuesday’s rally and press conference, I had the great pleasure of meeting with the vice president and the Brain Injury Coalition and hearing about their ongoing efforts to prevent traumatic brain injuries and to seek better medical treatment. An advocacy effort of this kind takes a great deal of planning and forethought, [this man] did an admirable job in educating policymakers in both the House and the Senate of the need for brain injury legislation.”  The coalition is a proponent of the Safety in Sports Act, which is a continuation of previous years’ funding for community and home-based programs, a state level advisory board, and the inclusion of brain injury screenings for persons in state programs or facilities.  In Pennsylvania every year, there are roughly 156,000 concussions reported. A reporter can cite a recent study that found “15 percent of all high school football players reported concussion symptoms but only 47 percent of those players reported them to school or team officials.”

Brain injuries in The Bronx and Broolkyn kill brain cells and disrupt neural pathways which affect the way a person thinks, feels, and acts. It is the leading cause of disability and death through the age of 40. Traumatic brain injuries (TBIs) as the name suggests are more severe and should be treated immediately.  Facts on brain injuries:

– 10 million Americans live with an acquired brain injury.

Published on: November 5, 2012

Representative’s Battle with Traumatic Brain Injury

by Stephen Bilkis

40-year-old U.S. Representative Gabrielle “Gabby” Gifford’s announced plans to travel to Cape Canaveral to watch her NASA astronaut-husband Mark Kelly launch into space on the next Space Shuttle flight.

The Congresswoman is improving, but she is still recovering from a bullet wound to her left-cerebral hemisphere. She was shot in the head at point-blank range by 22-year-old community college student. The young man also killed six other people in the incident.

Her Suffolk doctor said, “Medically, there is no reason she could not travel safely to Florida to participate in this incredible event with her husband.”

Published on: November 2, 2012

Gabby Giffords was shot

by Stephen Bilkis

A doctor shared with his colleagues how U.S. Representative Gabrielle Giffords sustained brain injurieswhen she was shot by an Arizona resident during her speech in front of a local grocery store.

Gabby Giffords, as she is affectionately known, almost died during the attack. Her life was saved by her aide, who put pressure on the wound as she was taken away by the ambulance.

However, according to the hospital and the doctors, it looked like her condition would improve because of the heroic action of her volunteer aide. There were several other people shot in the incident, but Gabby Giffords received the worse injury.

Published on: October 31, 2012

In 1960, a man was found dead by his own hand

by Stephen Bilkis

In 1960, a Nassau man was found dead by his own hand. He left behind a suicide note that stated that he could not stand the pain of his injuries any longer. This man had suffered from a back injury on his job that left him in constant pain and unable to function as he had before he was injured. His wife filed a wrongful death suit against the Workmen’s Compensation Board. Her contention is that her husband suffered from two debilitating industrial accidents. One of the work related accidents that he suffered occurred in 1945. He was working for a theatre as an usher when he attempted to break up a fight in the men’s room. His head was slammed against the marble wall of the men’s room and he suffered from a brain injuryas a result. Following this injury, the man was plagued by headaches, blackouts, and incidents of blindness. His wife stated that he would have moments of blindness that would last a few seconds at least once or twice each day. These incidents were followed by excruciating headaches. She stated that following the second injury, it was too much for him to handle. She proposes that there was a direct causal link between her husband’s industrial accidents and his suicide.

New York law states that where the symptoms of an injury that occurs on the job continue until the suicide of that person, a direct causal relationship may be inferred. That means that death benefits are awarded if the injury results naturally in disease and the disease is the cause of death. The courts have ruled that if the injury causes insanity and the insanity cause the suicide, it is the proximate cause of the death. However, if the insanity is not a result of the injury, but rather from some other cause such as melancholy or discouragement, then the injury is not considered to be the proximate cause of death.

The Worker’s Compensation Board contends that the brain injury was not the proximate cause of the decedent committing suicide. They contend that the decedent had a long history of mental illness dating back to early childhood. They produced evidence that he had committed himself to a mental institution before his first injury. His complaint at that time was severe anxiety and headaches accompanied with bouts of blindness. They stated that following this incident and only one year before his death, he checked himself into the hospital for renal colic and was in treatment for one month. They brought forth evidence of the decedent’s many medical issues and even ventured into his relationship with his mother. His mother was crippled at an early age. She was raped and the result of the rape was the decedent. He grew up in foster care. The Worker’s Compensation Board contends that the decedent had numerous health and psychiatric problems his entire life and that it was these problems and not his back injury that caused him to take his own life.

Published on: October 28, 2012

The symptoms of bTBI (explosive blast traumatic brain injury) can actually be very subtle,

by Stephen Bilkis

The symptoms of bTBI (explosive blast traumatic brain injury) can actually be very subtle, doctors tell reps. Sometimes, there is no outward sign of injury until certain symptoms begin to arise, like headaches, vertigo, or short-term memory loss. Because of this, victims of bTBI should be evaluated by a Bronx physician or psychologist to determine how extensive their injuries might be, if any. Neurophysical evaluation should be a part of this examination. There are currently efforts to create neuropsychological tests that can be automated on laptop computer or are easy enough to be used to by first responders who may have less training.

Patient who may have PTSD (post-traumatic stress disorder) should see a combat stress team provider or a psychiatrist as soon as possible. It is very important to remember, sources have learned, that bTBI and PTSD can have very similar symptoms and may occur alone or together in a patient. It may be difficult to tell them apart.

When TBI may be present in a patient, that person should be excused from all combat-related duties. The patient should be put on light duty until the symptoms are gone or until he or she is moved to a place where advanced neuroimaging, like MRI, may be used, and a more detailed evaluation can be used. Brooklyn Doctors have determined that it is vital for a patient suffering TBI, or who may be suffering from it, to be treated with the utmost care, so the condition does not become worse.

Published on: October 25, 2012

Evidence Points to Welding Fumes Causing Early Parkinson-Like Brain Damage

by Stephen Bilkis

Evidence is linking exposure to welding fumes to damage done to dopaminergic neurons in the brain. This link raises a welders’ risk for Parkinson’s disease (PD).

The study of healthy welders who were exposed to manganese, positron emission tomography (PET) imaging showed reduced uptake of the tracer F-18-fluoro-L-dopa (FDOPA), which is a significant sign pointing toward dysfunction in the nigrostriatal dopamine system.

A Law Office issued a statement putting the findings into layman’s terms: “This study suggests that a substantial percent of welders may have brain injury, even if they do not have symptoms currently.”

Published on: October 22, 2012

Father Charged With Two Count of Felony Child Abuse

by Stephen Bilkis

The 38-year-olf father of a 9-week-old Grand Island girl was charged with two felony counts of child abuse last Thursday morning after the infant suffered a “severe brain injury.”

The county attorney asked for a “substantial bond” of 10% of $100,000 citing the infant’s injuries. She has retinal hemorrhaging, fluid on her brain and blood on her brain.

The baby’s long-term prognosis is unclear.

Published on: October 19, 2012

Teen Charged with Car Burglary Dies from Choke Hold Brain Injury

by Stephen Bilkis

In December, a grand jury handed down a third-degree burglary indictment for a 19-year-old young man and his 18-year-old friend in connection with an alleged burglary the previous summer.

The grand jury did not hand down any indictments on the man who allegedly put the 19-year-old in the choke hold that led to his brain injury.

According to the Somerset County Prosecutor, the Bridgewater Township Police responded to a fight report when they found two males lying on the roadway. The men were later identified as the young men mentioned above.

Published on: October 19, 2012

Blast TBI (traumatic brain injury) happens to many combatants

by Stephen Bilkis

Blast TBI (traumatic brain injury) happens to many combatants, according to doctors. It can rightfully be considered a new class of TBI. While it might share a lot of features with standard TBI, it has some unique aspects that are all its own.

The milder forms of TBI can be very similar to PTSD (post-traumatic stress disorder), but it also has distinct aspects of its own. The military currently uses civilian standards of care for TBI when it comes to bTBI (explosive blast TBI), but they are constantly revising their standards to better provide for those injured on the field, according to sources. The theater of war requires different standards of medical practice.

It is apparent that there need to be more studies done on the precise effects of bTBI, both scientifically and clinically. The research will have to be focused upon how explosive blasts can lead to TBI. It is also important to learn how prevalent this disease is, and the exact causes. Once the research reaches a certain level, it will become much easier to diagnose and treat bTBI. A clinical definition of bTBI should quickly create the means to treat bTBI, doctors in Queens and Staten Island believe.

Published on: October 17, 2012

A man was injured when he fell off a ladder

by Stephen Bilkis

A man was injured when he fell off a ladder while performing painting work at a loading dock at the Hotel. The man struck his head on the concrete sidewalk, sustaining a traumatic brain injury. The building is divided into two units: a Hotel unit and an Entertainment/Retail unit. The loading docks are owned by the Entertainment/Retail unit. The man was an employee of the managing agent of the Hotel unit which is a former owner of the Hotel unit.

There was an easement that allowed the Hotel unit to use portions of the building owned by the Entertainment/Retail unit, including the loading docks. The City of New York and the managing agent entered into a Declaration of Easement and Operating Agreement (DEOA) for the subject premises. Article of the DEOA defines the term owners as a collective reference to the Hotel Property Owner and the Entertainment/Retail Property Owner or either of them. The DEOA states that the Owner hereby grants to and declares for the benefit of the Hotel Property Owner, a non-exclusive casement for the use of the loading docks located in Entertainment/Retail Building as shown on the Attached Plans. However, the section also provides that the Entertainment/Retail Owner shall be responsible for the Maintenance of the loading docks, provided, however, that the Nassau Hotel Owner shall bear a share of such Maintenance costs based on the Owner Building Area Ratio. DEOA states that the Owners shall have the right to retain a building manager and that the building manager is to maintain the sidewalks, building security, the Service Elevator, shared Easement areas located in the cellar of the Entertainment/Retail unit, the loading docks as the Owners shall desire. It further states that the parties agree that the managing agent shall serve as the initial building manager.

By purchase agreement, the managing agent sold the Hotel unit to a real estate investment trust company. Subsequently, the managing agent assigned all of its rights in and under the DEOA, including all such rights associated with the Hotel Property Owner designee, to the real estate investment trust company, as assignee.