Fairfax & Loudoun Personal Injury Lawyer - Head & Brain Injuries

Managing Brain Injury - new Guide now available from the National Rehabilitation Hospital

Doug Landau — Wed, 02 Dec 2009 00:26:00 GMT

In his continuing efforts to help those with traumatic brain injury and disabled from head trauma, Herndon Reston lawyer Doug Landau receives and reviews materials from the National Rehabilitation Hospital ("NRH"), Brain Injury Services, the Brain Injury Association and the Virginia Trial Lawyers Brain Injury Retreat. The NRH Press latest book offering is "Managing Brain Injury: A Guide to Living Well with Brain Injury."

This is the 4th book in a series of useful guides to help people face the challenges of life following brain injury. As Landau and the ABRAMS LANDAU trial team has worked with many victims of traumatic brain injury ("TBI") and closed head injury, they understand the importance of having resources such as this available for disabled clients and their families. This new NRH guide is intended to help make sense of the roller coaster ride of emotional and physical changes that can overwhelm patients and health care providers. To order this helpful book, visit NRH Rehab or call 202-877-1776

Originally posted at InjuryBoard by Doug Landau

Time lost is brain lost after a stroke

Doug Landau — Sat, 21 Nov 2009 00:17:00 GMT

With a stroke, time lost is brain lost

This was the crux of a notice Ashburn, South Riding and Broadlands brain injury lawyer Doug Landau received in Charlottesville, Virginia. The Stroke Association wants people to know that:

strokes are the #3 killer in this country, yet many people don't even know what they are. They don't know that more of the brain can be saved if a stroke is detected and treatment is received immediately. Strokes begin when a blood vessel in the brain becomes blocked or bursts. Blow flow is cut off. Tissue is starved for oxygen, and parts of the brain die. If not treated quickly, abilities and productive life can be lost. Learn to spot the warning signs of a stroke or call 1-888-4-STROKE, and act quickly. Your brain is your most prized possession. Guard it with your life.

Originally posted at InjuryBoard by Doug Landau

"Independent Medical Exams" are not !

Doug Landau — Tue, 10 Nov 2009 11:37:04 GMT

Almost every single case involving serious injury, permanent disability, head trauma or significant wage loss is confronted by an insurance company lawyer demanding an "Independent Medical Examination." The exam is usually not independent. It is not for treatment of the orthopedic or brain injuries, so the "medical" part of the phrase is intellectually dishonest. And as for an "examination," it's often more of a cross-examination than a genuine physical exam.

"Independent" medical exams ("IMEs") are commonplace in personal litigation, workers compensation, and occupational disease cases handled by ABRAMS LANDAU, Ltd. Because these are not truly "Independent" (as we see the same doctors performing exams for the same insurance companies who pay their bills, we refer to these as "defense medical exams" ("DME") or "insurance medical exams." A 3/31/09 New York Times investigation titled "Exams of Injured Workers Feed Mutual Mistrust," reported that, "Often IME doctors are hired by brokers that then have clerical staffs prepare reports based on dictation or checklists completed by the doctors, who often do not read the reports before signing them. The article gives examples of doctors signing reports on exams they never performed. One of the ways Herndon Reston area injury lawyer Doug Landau anticipates this practice is by offering the insurance company a physical exam early in the case, sometimes even before a lawsuit is filed. "The case we select involve serious, objective and usually permanent injuries," Landau notes. Because we have nothing to hide, I will offer to have my injured client submit to a voluntary physical exam with a qualified doctor, at a reasonable time and place, in lieu of a later examination after suit is filed." In effect, it is a "put up or shut up" move by the multi-state trial lawyer, known for his unique and innovative techniques.

Originally posted at InjuryBoard by Doug Landau

Virginia City Government Agrees to Settle Teenager's Brain and Skull Injury Claims

Doug Landau — Tue, 18 Aug 2009 12:14:00 GMT

The City of Norfolk Virginia settled with the mother of a teenager who suffered permanent brain damage after being struck by a city truck for $7,500,000 one week prior to trial. Because the teenage Plaintiff will never be able to work or care for himself, this lawsuit was filed on his behalf by his mother.

In December 2006, the Plaintiff was 17 years old. He was standing in the median, on his way to a job interview. He was hit by truck. Plaintiff's mother alleged that the Defendant truck driver was negligent in the operation of his vehicle and the Defendant City of Norfolk, Virginia was liable for their employee's actions under the doctrine of respondeat superior. There was no dispute as to the facts that: the truck was owned and operated by the Defendant City of Norfolk and that the Defendant driver was their employee, acting in the course and scope of his employment at the time of this tragic truck accident.

The Plaintiff suffered a serious brain injury requiring three months of hospitalization. The Plaintiff's sustained severe brain injury with swelling, which necessitated the removal of a portion of the skull to relieve the pressure. Plaintiff was left with the mental capacity of an 11 year old and was not expected to be able to hold a job or live by himself at any point in the future. At the time of this settlement, plaintiff lived with and was cared for by his mother.

Originally posted at InjuryBoard by Doug Landau

Concussions in kids and teens

Melissa Landau — Wed, 17 Jun 2009 10:48:00 GMT

As a mother of 4 atheltes( most specifiacally soccer players) I worry about headers and falls and what they can do to my child's brain.

A friend of our daughter sustained a severe concussion last fall. She was hopitalized and had issues for a while with short term memory. Fortunately this particular player was a member of an elite travle team that was participating in a study of such injuries. every player on the team had been prescreened before the season began. This particular family had the assurance of knowing when the player had reached full recovery. We're not all that fortunate, but there are things we can do to protect our children from injury and better facilitate the healing process when a traumatic brain inury occurs.

According to the International Conference on Concussion in Sports:

* A young athlete should never return to play on the same day of an injury, regardless of level of athletic performance.
* Children and adolescents may need a longer period of full rest and then gradual return to normal activities than adults.
* For children, “cognitive rest” is a key to recovery. While restrictions on physical activity restrictions are also important, cognitive rest must be carefully adhered to, including limits on cognitive stressors such as academic activities and at-home/social activities including text messaging, video games and television watching.

According to the Center for Disease control Among children ages 0 to 14 years, Traumatic brain injury in children ages 0 to 14 results in an estimated annual:

2,685 deaths;
37,000 hospitalizations; and
435,000 emergency department visits annually.

The CDC is providing a "Heads up: Concussion in Youth Sports tool Kit" for parents and coaches.

Originally posted at InjuryBoard by Melissa Landau

High Speed Car Crashes Often Result in Diffuse Axonal Injury ("DAI")

Doug Landau — Sat, 15 Nov 2008 10:00:00 GMT

Diffuse axonal injury (DAI injury) is widespread injury to axons, a part of the nerve cells in the brain.

Nerve impulses leave nerve cells through a part of the nerve cell called the axon. In diffuse axonal injury, axons throughout the brain are damaged. That is because the brain moves inside the skull. If the brain moves, twists or torques too much, the nerve axons can stretch and tear. The usual causes include falls and motor vehicle crashes. As a result of diffuse axonal injury, brain cells may die, causing brain swelling, increasing pressure within the skull. Increasing pressure may compound the injury by decreasing blood supply to the brain. Sometimes the person has symptoms of damage to a specific area of the brain. Increased pressure within the skull may cause coma. Computed tomography (CT) scans or magnetic resonance imaging (MRI) is usually done to detect diffuse axonal injury. Diffuse axonal injury is treated with the general measures used to treat all types of head injuries. Surgery is not helpful.

Diffuse axonal injury (DAI) is a frequent result of traumatic deceleration injuries and a frequent cause of persistent vegetative state in patients. DAI is the most significant cause of morbidity in patients with traumatic brain injuries, which most commonly result from high-speed motor vehicle accidents.

DAI is a significant medical problem because of the high level of debilitation that is suffered by the patient, the stress that must be endured by the patient's family when the patient is in a persistent vegetative state, and the staggering medical cost of sustaining the patient in this state.

The true extent of axonal injury typically is worse than that visualized using current imaging techniques. In other words, many cases of DAI will result in Microscopic tears, so you will not see them with the medical tests currently available. Autopsy and histopathic studies have shown that the extent of DAI always exceed that visualized macroscopically, and DAI are usually Non-Hemorrhagic, so there is no bleeding, so bleeding tests will show zilch. Neuropsychological testing can sometimes show the damage from "closed head injury" or traumatic brain injury ("TBI"). The complexity of these types of injuries and their difficulty in being "seen" or diagnosed require that an experienced lawyer be retained at the earliest possible by brain injury victims and their families.

Originally posted at InjuryBoard by Doug Landau

The "one-two punch" to the head from a car crash - what every family should know.

Doug Landau — Tue, 07 Oct 2008 11:15:00 GMT

Having just returned from the Virginia Trial Lawyers Brain Injury Retreat, I brought materials from the latest advances in medical science and legal advocacy back to share with the Abrams Landau team. While we knew about acceleration and deceleration injuries to the brain, which result in diffuse axonal injury, and we also have helped people who sustained head injuries from air bag explosions, I had not realized that there could be a rapid acceleration/deceleration injury, causing shearing or tearing of the brain's nerve cells, compounded by a blow to the head by the airbag deploying at high speed. It is well known that the former type of closed head injury can cause a number of neurological symptoms but, when the first injury is combined with the second insult, the ramifications can be quite significant.

A second "impact" of the brain with the inside of the skull can multiply Traumatic Brain Injury EIGHT TIMES, such as when there is a crash followed by the sudden deployment of the airbags into the occupant's face. The injury and symptoms may manifest slowly, as the swelling inside the skull and scarring of the torn nerves may result in cognitive impairment, headaches and other problems long after the crash.Originally posted at InjuryBoard by Doug Landau

Concussions - Even the pros get them

Doug Landau — Wed, 24 Sep 2008 09:33:00 GMT

In order to further the study of brain injury and concussions, 12 professional athletes have agreed to leave their brains to medical science. The research will be conducted at the Boston University Center for the Study of Traumatic Encephalopathy.

This condition is difficult to diagnose. This type of traumatic head injury can be confirmed only by postmortem tissue analysis. In other words, only after the patient has died can doctors examine the brain tissue to determine the damage caused by trauma through the use of high powered microscopes, stains and other diagnostic aids. At this time, X-rays and magnetic resonance imaging (MRI) tests cannot detect Traumatic Encephalopathy. For further reading, go to the complete New York Times article.

Originally posted at InjuryBoard by Doug Landau

High Altitude, Low Regulation: Cheerleading injuries cause catastrophic sports injuries

Lauren Holtzman — Fri, 12 Sep 2008 14:43:00 GMT

When a sport is unregulated, and teenagers and college students are pushed in increasingly intensified competition, catastrophic injury and fatal accidents can result. This is especially true in cheerleading, where teams are pushed to perform more and more complex and difficult stunts. Thrown 25 feet spinning in the air by several teammates in a "basket toss" on a hard basketball court floor may be exhilarating for the crowd but a recipe for disaster for the flier who is dropped.

The National Center for Catastrophic Sports Injury Research, which has followed national sports safety for over two decades, reported that cheerleading accounted for nearly 2/3rds of all catastrophic injuries among female high school and college athletes, according to a recent Washington Post article. Catastrophic incidents were defined as death or serious injury, such as head or neck damage leading to permanent disability. Furthermore, the article also cited a noteworthy study:

a study published in the Journal of Pediatrics in 2006 calculated that the number of children showing up in emergency rooms with cheer-leading injuries rose from 10,900 in 1990 to 22,900 in 2002, a 110 percent increase.

Individual cases of cheerleaders dying after getting kicked in the chest or having their spleen ruptured have also been reported.

The National Council of Spirit Safety and Education offers training programs for coaches and some school systems require coaches to be thoroughly trained. However, the rules for safety and training are inconsistent among neighboring schools. Recommendations to improve the safety of cheerleading programs include:

1. Standard training for coaches, with the schools funding initial and continuing education,
2. Uniform safety rules with mandatory and consistent application,
3. Avoid attempting stunts without adequate preparation, safety equipment and safeguards,
4. Having schools give the resources and subjecting cheerleading to the same safeguards as football, basketball or other athletic activity,
5. Conducting practice sessions and competitions on appropriate surfaces,
6. Enforcement of the safety rules so that non-compliant programs would not be allowed to continue to jeopardize students' health.
7. Health screening and routine physicals to catch chronic injuries and predisposition to injury early,
8. Safety guidelines updated every year addressing the age at which certain stunts may be attempted and with what surfaces, spotters and supervision,
9. Mandatory "off seasons" for rest, recovery and recuperation,
10. Education for participants, so that they understand and appreciate the dangers, warning signs of injury and avoid unnecessary risks.

Originally posted at InjuryBoard by Lauren Holtzman