Traumatic Brain Injuries

December 4, 2012

Boston University School of Medicine Finds Additional Evidence Linking Brain Damage to Head Injuries

According to a study published this week by the Boston University School of Medicine, researchers have discovered more evidence affirming a causal connection between repeated head injuries and chronic brain disease. The findings can be found in the journal Brain and will likely provide support for brain injury lawsuits filed by numerous professional football players who claim that concussions that they sustained during their career caused them to develop permanent brain damage or injuries.

One need only look to recent headlines to read about how Kansas City Chiefs’ Jovan Belcher shot his girlfriend and then killed himself in front of his coach and general manager. Family and friends believe his inexplicable actions were due to head injuries he had sustained while playing the game.

Researchers examined brain samples from 85 deceased people ranging in age from 17 to 98 who had suffered from concussions and other types of mild TBIs, including well-known professional athletes such as running back Cookie Gilchrist. They compared these samples with those of other people who didn’t have the same brain injury history.

October 29, 2012

Massachusetts Head Injuries Sustained by Almost 3,000 Students Involved in School Sports Last Year

by Altman & Altman

According to a recent survey, almost 3,000 students sustained some type of Massachusetts head injury while playing sports last year. 164 schools participated in providing such information. About 525 Massachusetts schools did not make the reporting deadline for the survey.

The survey comes following a new state law regarding statewide standards to prevent head injuries that public high and middle schools and schools that have to adhere to Massachusetts Interscholastic Athlete Association rules must now follow. The law also requires training on the issue and provides rules about when players can go back to the field. Marching band, cheerleading, and ultimate Frisbee are also covered under the new law.

In the last few years, there has been growing concern about the head injuries sustained not just by professional athletes, but also by college players and student athletes during sports. Numerous former-NFL football players have even filed brain injury lawsuits against the National Football Legal and helmet maker Riddell. Per the plaintiffs, the league knew that concussions and other head injuries that are sustained while playing sports could later result in permanent brain damage but failed to warn about such serious ramifications, while the sporting gear manufacturer is accused of making products that didn’t provide sufficient protection.

September 6, 2012

NFL Players Linked to Greater Risk of Dying from Alzheimer’s

by Altman & Altman

According to a new study published in the journal Neurology, National Football League players have a three times greater risk of suffering a fatal brain disease, such as Alzheimer’s, than members of the general population. The report was published on the same day that the NFL notified the public that it was placing $30 million toward research into brain injuries and their connection to different brain conditions. These latest findings should add additional support to the traumatic brain injury complaints filed by over 3,000 ex-pro football players against the NFL.

Altman & Altman, LLP represents children and adults with Boston traumatic brain injuries. Our Massachusetts personal injury law firm would be happy to provide you with a free, no obligation, initial consultation.

The plaintiffs claim the NFL hid research that found there was a link between repeat concussions and permanent brain injuries that can cause nervous system disorders, dementia, severe depression, and even suicide. They believe the football league did not do enough to stop these injuries or help manage or treat them by limiting play time. Last week, attorneys for the NFL tried to shut down the complaints, contending they are a “labor dispute.”

April 14, 2012

Massachusetts Auto Defect, and Not Drunken Driving, May Have Been Cause of Deadly Pittsfield Crash

by Altman & Altman

According to the lawyer of a Pittsfield man charged with motor vehicle homicide while under the influence of drugs, driving to endanger causing serious bodily injury, and driving under the influence of alcohol, the deadly Massachusetts car accident that claimed the life of 25-year-old Michael F. Ashline may have actually been caused by an auto defect. Douglas F. Guinan’s defense attorneys want Hyundai Motor America to provide them with documents related to malfunctions involving the electronic steering system of the 2011 Sonata.

Guinan’s legal team contends that the head-on 2010 Pittsfield auto crash that killed Ashline is not the first time that a 2011 Sonata suddenly pulled left or turned without the driver actually instigating this action. Pointing to a recall of Hyundai vehicles that the automaker had issued (around the time of the accident) due to pulling and vibration in the steering wheel, the defense believes that it was this type of safety issue that caused Guinan’s accident.

The automaker has agreed to give over engineering test reports related to this safety issue to the defense. However it turned down other elements of the request, such as access to client complaints prior to the recall. Meantime, Guinan’s lawyer believes there is evidence showing that what hospital staff had thought was intoxication at the time of the crash was actually the result of a traumatic brain injury. Guinan and the driver of the vehicle that Ashline was a passenger in, Nichole A. Rudd, were both seriously injured in the Berkshire, Massachusetts car accident.

Auto Products Liability
There are instances when an auto defect, and not driver negligence, is the cause of a deadly car accident. For example, a man convicted of killing three people in a 2006 car accident was set free in 2010 when it was discovered that Toyota sudden acceleration was the actual cause of that deadly collision.

Pursuing Massachusetts auto products liability recovery from an automaker can be an intimidating and arduous process, which is why you should not to try to do this without experienced legal help.

Defense lawyers eye auto defect in fatal crash, The Berkshire Eagle, April 10, 2012

Hyundai

More Blog Posts:
Massachusetts Cyclist Killed while Riding Recalled Cervélo Bicycle, Mechanical Failure Likely, Boston Injury Lawyer Blog, April 11, 2012

NHTSA Seeks to Modify Keyless Ignition Systems to Minimize Safety Risks, Boston Injury Lawyer Blog, March 22, 2012

Is CPSC’s SaferProducts.Gov Database Preventing Boston Injuries?, Boston Injury Lawyer Blog, March 17, 2012 Continue reading

April 3, 2012

Massachusetts Man Dies in Skydiving Accident in Florida

by Altman & Altman

A Massachusetts native died at about 6:30pm Friday in a skydiving accident in Florida. According to news reports, Jason Eisenzopf was a 30-year-old native of Fitchburg, Massachusetts. He worked in Maine as a skydiving instructor at Skydive New England in England, but had been in Florida for his second winter at Skydive Sebastian. He had apparently made over 1,000 jumps in his lifetime. His death remains under investigation, but police reports suggest he came in too quickly for a landing and suffered head trauma. The equipment Eisenzopf was using during the dive is going to be investigated.

According to DropZone.com-a skydiving information site that maintains “an unofficial record of fatal skydiving accidents since 2004”-there were 25 reported fatalities in skydiving accidents in North America in 2011. Listed causes include:

• hard landing while making a low turn • low cutaway tandem • freefall collision

February 12, 2012

Cambridge man killed in tragic snowboarding accident

by Altman & Altman

A Cambridge, Massachusetts resident was killed in a snowboarding accident on Saturday when he hit his head on the ground, swerved off the trial, and crashed into a tree. He appears to have been wearing a helmet at the time. Unfortunately, according to news reports, 29-year-old Sylvan Walton suffered severe injuries to the chest and brain and could not be revived. Walton was staying at a resort in Vermont with friends. It appears that he was an experienced snowboarder-although he hadn’t snowboarded in the last two years-and was on a black diamond trial at the time of the accident.

Skiing and snowboarding fatalities due to collisions with off-trail trees are not all that uncommon. And, as this tragic incident suggests, even precautions like wearing a helmet do not ensure protection from accidents that occur in what can be considered a relatively high-risk sport. Our sympathies are with the friends and family of Mr. Walton.

Cambridge man dies in snowboarding accident at Jay Peak Resort in Vermont, Boston.com, February 12, 2012

June 10, 2011

Worcester County Wrongful Death Lawsuit Filed By Family of Dudley Boy Killed in Massachusetts Escalator Accident

by Altman & Altman

In March, our Boston injury lawyers published a blog post on the tragic Worcester County escalator accident at the Auburn Mall that claimed the life of 4-year-old Mark DiBona. Now, his family has filed an Auburn, Massachusetts wrongful death lawsuit against Sears Roebuck and Co., the Simon Property Group, the Mall at Auburn LL, Schindler Elevator Corp., Botany Bay Construction Co., and Mayflower Auburn LP. seeking unspecified damages for gross negligence and negligence.

The little boy died after he fell two stories through a 6-inch space of an escalator located in the Sears store at the Auburn Mall. The gap was bigger than the 4-inch maximum allowed under state building codes.

Following the Massachusetts escalator accident, the two inspectors who certified the escalator as being in compliance with the safety code were suspended. The state has also started taking steps to get them terminated from their jobs.

March 24, 2011

Boston TBIs Highlighted During Brain Injury Awareness Month

by Altman & Altman

Brain injuries affected over a million people in the US every year. March is Brain Injury Awareness month, and our Boston injury lawyers want to remind you that if someone you love has sustained a brain injury because of an accident that was caused by another party’s negligent actions, you may have grounds for a Massachusetts brain injury lawsuit.

Some common causes of Boston traumatic brain injuries:

• Fall accidents • Car crashes • Getting hit by or striking a hard object or surface • Assault crimes • Medical mistakes • Strangulation • Construction accidents • Choking accidents • Near drowning accidents • Electrocution • Exposure to hazardous substances • Sports • Slip and fall accidents • Birthing injuries
Suffering a brain injury can irrevocably alter the victim’s life. In addition to costly medical and rehabilitation expenses, a brain injury victim may not be able to work, live independently, or maintain the same quality of life or relationships as before.

Signs someone may be suffering from a brain injury after hitting his/her head include, vomiting, anxiety, fatigue, loss of consciousness, slurred speech, sadness, problems remembering new information, blurred vision, listlessness, headache, and convulsions. Brain injuries are not always immediately detectable. Some brain injuries are so dangerous that one moment, a person may think he/she is fine, and the next moment, the person is in a coma.

A brain injury can be mild or it can be severe. That said, even a “mild” brain injury, such as a concussion, can in fact be a serious injury. Brain injuries can cause personality changes, communication difficulties memory problems, epilepsy, emotional problems, cognitive brain impairment, coma, or increase the chances that the person could develop Parkinson’s disease or Alzheimer’s.

Related Web Resources:
Brain Injury Awareness Month

Traumatic Brain Injury Information Page, NINDS

More Blog Posts:
Boston, Massachusetts Wrongful Death Lawsuit Filed Against MIT and Delta Upsilon Fraternity for Student’s Fatal Fall, Boston Injury Lawyer Blog, September 28, 2011
Boston Traumatic Brain Injury Survivors Are More Likely to Suffer from Clinical Depression, Boston Injury Lawyer Blog, June 10, 2011
Traffic Crashes and Fall Accidents Continue to be Leading Causes of Traumatic Brain Injuries, Boston Injury Lawyer Blog, March 23, 2011 Continue reading

October 6, 2010

Preventing Massachusetts ATV Accidents: Kids Under 14 Now Banned from Operating ATVs

by Altman & Altman

A new state law has just gone into effect that prohibits kids under age 14 from operating ATVs. Our Boston ATV accident lawyers hope that this will decrease the number of injuries and deaths involving all-terrain vehicles.

According to a new study, the number of spinal cord injuries and brain injuries involving all-terrain vehicles has gone up by up to 50%, with younger riders at greater risk of sustaining this type of serious injury. The study was conducted by Drs. Joel D. MacDonald and Michael A. Finn of University of Utah, Salt Lake City and has been published in this month’s issue of Neurosurgery.

Researchers analyzed trends involving ATV-related spinal and brain injuries that took place in Utah between 2001 and 2005 when about 1,500 patients were injured in ATV accidents:

• 741 of the patients had spine injuries or head injuries or both.
• Approximately 500 patients had injuries serious enough that they had to go to the hospital.
• Over 50% of these patients were the recipients of intensive care.
• On average, hospital stays lasted four days.
• Injuries included facial fractures, skull fractures, facial lacerations, and spinal cord injuries.
• 4 patients were pronounced dead on arrival.
• 15 patients died while in the hospital.
• About 100 patients were sent to a rehabilitation center or nursing home or received home healthcare.
• 30% of the ATV injuries occurred during a vehicle rollover.
• Other common causes of ATV injuries included collisions with other vehicles, collisions with stationary objects, or loss of control of the ATV.
• Patients that hadn’t been using helmets were most likely to suffer head injuries.

Also, today at the American College of Surgeons’ annual meeting, public researchers and trauma surgeons said that people are far more likely to die from an ATV accident than a motorcycle crash. When the degree of injuries is the same, ATV accident victims were 50% more likely than motorcycle collision victims to require mechanical ventilation and medical care in an ICU and 50% more likely to die.

While operator error can be a factor in causing a Massachusetts ATV accident, all-terrain vehicle accidents and rollovers can occur because the vehicle was defective or malfunctioned in some way.

Study: Brain, Spinal Injuries Due to ATV Use Rise by 50%, ClaimsJournal.com, October 5, 2010
ATVs more deadly than motorcycles, MSNBC, October 6, 2010
Related Web Resources:
ATV Laws By State, CampingATV.com
ATV-Related Deaths and Injuries for All Ages, 1985-2008, ATV Safety.gov Continue reading

September 28, 2010

Boston, Massachusetts Wrongful Death Lawsuit Filed Against MIT and Delta Upsilon Fraternity for Student’s Fatal Fall

by Altman & Altman

According to The Tech, Massachusetts Institute of Technology’s oldest newspaper, the parents of Robert M. Wells have filed a Boston wrongful death lawsuit against MIT and the Delta Upsilon fraternity. Wells, a 22-year-old MIT student, died in 2008 after falling five stories from the DU fraternity and sustaining skull fractures, blunt impact to his head, brain contusions, lacerations, subarachnoid hemorrhage, and other injuries.

Michael and Laura Wells are alleging 26 counts of Suffolk County, Massachusetts wrongful death. They claim that the defendants did not remedy or warn about the condition of Wells’ living quarters, which had a heating system that was hard to control and had just one “unreliable thermostat.” As a result, the DU brothers would open the windows during the winter to regulate the temperature in their bedrooms.

However, per the lawsuit, all of the windows on the upper floor of the fraternity lacked bars, screens, locks, or other safety devices. Wells, a DU brother, fell after opening the window next to his bed.