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BRAIN INJURY

Traumatic Brain Injury results from rapid acceleration and deceleration of the brain, including shearing (tearing) of nerve fibers, contusion (bruising) of the brain tissue against the skull, brain stem injuries, and edema (swelling). Motor vehicle accidents are the leading cause of traumatic brain injuries. Traumatic brain injury is often referred to as TBI.

Trauma is the leading cause of death in the United States for people between the ages of 1 and 44 and it is the third leading cause of death overall, and statistics show that there are approximately 2 million brain injuries reported each year in this country. Of those reported brain injuries, over 51,000 were fatal and 20 - 30% of the surviving victims suffered permanent, irreversible disabilities. Physical and emotional damages resulting from traumatic brain injuries may eventually be reversed but unfortunately many victims of brain injury suffer some type of permanent irreversible damage. It is reported that currently there are more than 5 million people in the United States who are permanently disabled due to the effects of a brain injury.

Each year in the United States:

  • approximately 1 million head-injured people are treated in hospital emergency rooms,

  • approximately 270,000 people experience a moderate or severe TBI,

  • approximately 60,000 new cases of epilepsy occur as a result of head trauma,

  • approximately 50,000 people die from head injury,

  • approximately 230,000 people are hospitalized for TBI and survive,

  • and approximately 80,000 of these survivors live with significant disabilities as a result of the injury.

Brain injuries may result in:

  • Paralysis

  • Loss of voluntary or involuntary motor functions

  • Loss of reasoning and thinking abilities

  • Memory loss

  • Sensory loss such as sight, speech or hearing

  • Emotional disabilities including depression, anxiety, post traumatic stress disorder, etc.

The most common types of head injuries are:

Concussion: Concussion is an alteration of consciousness, transient or prolonged, due to a blow to the head that may be followed by transient amnesia, vertigo, nausea, and weak pulse. Breathing often is unusually rapid or slow. Outward evidence of the injury may include bleeding and contusions (bruises). When consciousness is regained, the victim is likely to have severe headache and, possibly, blurred vision. If severely injured, the victim may lapse into a coma. Concussions often occur in sports related injuries.

Anoxic Brain Injury: Anoxic Brain injury is caused when the oxygen supply to the brain is cut off. This can occur from an absence of oxygen intake or the inability of the blood stream to transport oxygen to the brain. Swimming and diving accidents and complications in surgery can cause an anoxic brain injury.

Motor vehicle accidents are the leading cause of brain injury in the United States and many motor vehicle accidents are caused by negligence. When negligence is the cause of a traumatic injury, the victim may be entitled to recover all their damages due to another's negligence including all current and future medical costs, property damage, pain and suffering, loss of current and future earnings, loss of enjoyment and in some cases, punitive damages, Families of the victim may also be entitled to be compensated for damages if, due to the injury, they are forced to change their circumstances and lifestyle in order to care for their loved one.

While motor vehicle crashes account for almost half of all brain injuries, more than 300,000 sport-related traumatic brain or head injuries occur annually in the United States. It is becoming increasingly evident that injuries due to sports related accidents can lead to severe and often irreversible complications yet many high school and college sports coaches and officials have not been given adequate education and training regarding the serious medical risks associated with concussions. Some believe that if the victim has not lost consciousness, they are not seriously injured however medical evidence will show that many times a person will remain conscious even though the injuries to the brain are severe. Medical evidence also shows that once a person has suffered a concussion, the probability of suffering another concussion will be three times higher and some reports suggest that even three concussions will result in permanent and irreversible brain damage. Schools and amateur sports leagues must assume responsibility for negligence in cases where they continue to allow children to "play" a sport even though they knew the child had suffered previous head injuries.

Victims and their families may also be able to file a claim against hospitals, HMOs or physicians if it can be determined that a brain injury resulted from improper and negligent medical procedures or that a brain or head injury was present, but not diagnosed.

Long term care facilities and rehabilitation centers are responsible for providing a safe environment for all brain injury patients under their care. In addition to expecting safe and medically competent care, families often assume that their loved one continues to be in a care facility because of necessity. However, it has been uncovered that some disreputable long term care facilities have purposely kept a patient in their facility for the sole purpose of collecting the medical insurance benefits. The Department of Justice has filed charges against several of these unscrupulous facilities.

Disabilities resulting from a TBI depend upon the severity of the injury, the location of the injury, and the age and general health of the patient. Some common disabilities include problems with cognition (attention, calculation, memory, judgment, insight, and reasoning), sensory processing (sight, hearing, touch, taste, and smell), communication (language expression and understanding), social function (empathy, capacity for compassion, interpersonal social awareness and facility) and mental health (depression, anxiety, personality changes, aggression, acting out, and social inappropriateness).

Within days to weeks of the head injury approximately 40% of TBI patients develop a host of troubling symptoms collectively called postconcussion syndrome (PCS). A patient need not have suffered a concussion or loss of consciousness to develop the syndrome and many patients with mild TBI suffer from PCS. Symptoms include headache, dizziness, memory problems, trouble concentrating, sleeping problems, restlessness, irritability, apathy, depression, and anxiety. These symptoms may last for a few weeks after the head injury. The syndrome is more prevalent in patients who had psychiatric symptoms, such as depression or anxiety, before the injury. Treatment for PCS may include medicines for pain and psychiatric conditions, and psychotherapy and occupational therapy.

Most patients with severe TBI, if they recover consciousness, suffer from cognitive disabilities, including the loss of many higher level mental skills. The most common cognitive impairment among severely head-injured patients is memory loss, characterized by some loss of specific memories and the partial inability to form or store new ones. Some of these patients may experience post-traumatic amnesia (PTA), either anterograde or retrograde. Anterograde PTA is impaired memory of events that happened after the TBI, while retrograde PTA is impaired memory of events that happened before the TBI.

Many patients with mild to moderate head injuries who experience cognitive deficits become easily confused or distracted and have problems with concentration and attention. They also have problems with higher level, so-called executive functions, such as planning, organizing, abstract reasoning, problem solving, and making judgments, which may make it difficult to resume pre-injury work-related activities. Recovery from cognitive deficits is greatest within the first 6 months after the injury and more gradual after that.

Patients with moderate to severe TBI have more problems with cognitive deficits than patients with mild TBI, but a history of several mild TBIs may have an additive effect, causing cognitive deficits equal to a moderate or severe injury.

Many TBI patients have sensory problems, especially problems with vision. Patients may not be able to register what they are seeing or may be slow to recognize objects. Also, TBI patients often have difficulty with hand-eye coordination. Because of this, TBI patients may seem clumsy or unsteady. Other sensory deficits may include problems with hearing, smell, taste, or touch. Some TBI patients develop tinnitus, a ringing or roaring in the ears. A person with damage to the part of the brain that processes taste or smell may develop a persistent bitter taste in the mouth or perceive a persistent noxious smell. Damage to the part of the brain that controls the sense of touch may cause a TBI patient to develop persistent skin tingling, itching, or pain. These conditions are rare and hard to treat.

Language and communication problems are common disabilities in TBI patients. Some may experience aphasia, defined as difficulty with understanding and producing spoken and written language; others may have difficulty with the more subtle aspects of communication, such as body language and emotional, non-verbal signals.

In non-fluent aphasia, also called Broca's aphasia or motor aphasia, TBI patients often have trouble recalling words and speaking in complete sentences. They may speak in broken phrases and pause frequently. Most patients are aware of these deficits and may become extremely frustrated.

Patients with fluent aphasia, also called Wernicke's aphasia or sensory aphasia, display little meaning in their speech, even though they speak in complete sentences and use correct grammar. Instead, they speak in flowing gibberish, drawing out their sentences with non-essential and invented words. Many patients with fluent aphasia are unaware that they make little sense and become angry with others for not understanding them. Patients with global aphasia have extensive damage to the portions of the brain responsible for language and often suffer severe communication disabilities.

TBI patients may have problems with spoken language if the part of the brain that controls speech muscles is damaged. In this disorder, called dysarthria, the patient can think of the appropriate language, but cannot easily speak the words because they are unable to use the muscles needed to form the words and produce the sounds. Speech is often slow, slurred, and garbled. Some may have problems with intonation or inflection, called prosodic dysfunction.

TBI patients have been described as the "walking wounded" owing to psychological problems. Most TBI patients have emotional or behavioral problems that fit under the broad category of psychiatric health. Family members of TBI patients often find that personality changes and behavioral problems are the most difficult disabilities to handle. Psychiatric problems that may surface include depression, apathy, anxiety, irritability, anger, paranoia, confusion, frustration, agitation, insomnia or other sleep problems, and mood swings. Problem behaviors may include aggression and violence, impulsivity, disinhibition, acting out, noncompliance, social inappropriateness, emotional outbursts, childish behavior, impaired self-control, impaired self-awareness, inability to take responsibility or accept criticism, egocentrism, inappropriate sexual activity, and alcohol or drug abuse or addiction. Some patients' personality problems may be so severe that they are diagnosed with organic personality disorder, a psychiatric condition characterized by many of the problems mentioned above. Sometimes TBI patients suffer from developmental stagnation, meaning that they fail to mature emotionally, socially, or psychologically after the trauma. This is a serious problem for children and young adults who suffer from a TBI. Attitudes and behaviors that are appropriate for a child or teenager become inappropriate in adulthood. Many TBI patients who show psychiatric or behavioral problems can be helped with medication and psychotherapy, although the effectiveness of psychotherapy may be limited by the residual neurocognitive impairment. Technological improvements and excellent emergency care have diminished the incidence of devastating TBI while increasing the numbers of patients with mild or moderate TBI. Such patients are more adversely affected by their emotional problems than by their residual physical disabilities. Other long-term problems that can develop after a TBI include Parkinson's disease and other motor problems, Alzheimer's disease, dementia pugilistica, and post-traumatic dementia.

Alzheimer's disease (AD) is a progressive, neurodegenerative disease characterized by dementia, memory loss, and deteriorating cognitive abilities. Research suggests an association between head injury in early adulthood and the development of AD later in life; the more severe the head injury, the greater the risk of developing AD. Some evidence indicates that a head injury may interact with other factors to trigger the disease and may hasten the onset of the disease in individuals already at risk. For example, people who have a particular form of the protein apolipoprotein E (apoE4) and suffer a head injury fall into this increased risk category. (ApoE4 is a naturally occurring protein that helps transport cholesterol through the bloodstream.)

Parkinson's disease and other motor problems as a result of TBI are rare but can occur. Parkinson's disease may develop years after TBI as a result of damage to the basal ganglia. Symptoms of Parkinson's disease include tremor or trembling, rigidity or stiffness, slow movement (bradykinesia), inability to move (akinesia), shuffling walk, and stooped posture. Despite many scientific advances in recent years, Parkinson's disease remains a chronic and progressive disorder, meaning that it is incurable and will progress in severity until the end of life. Other movement disorders that may develop after TBI include tremor, ataxia (uncoordinated muscle movements), and myoclonus (shock-like contractions of muscles).

Dementia pugilistica', also called chronic traumatic encephalopathy, primarily affects career boxers. The most common symptoms of the condition are dementia and parkinsonism caused by repetitive blows to the head over a long period of time. Symptoms begin anywhere between 6 and 40 years after the start of a boxing career, with an average onset of about 16 years.

Post-traumatic dementia is another potential long-term effect of TBI. The symptoms of post-traumatic dementia are very similar to those of dementia pugilistica, except that post-traumatic dementia is also characterized by long-term memory problems and is caused by a single, severe TBI that results in a coma.

If you or someone you loved has traumatic brain injury through the fault of another, don't delay.  There is a statute of limitations in which you need to file your case.  If you want a free evaluation of your case, please fill out the form by clicking here: Chicago lawyer needed for traumatic brain injury case.