Missouri Injury Law Blog

Head injuries, such as concussions and traumatic brain injury, are common after many car crashes and very common in high impact car collisions. The driver or passengers head often strike parts of the car during the impact or hit the airbag violently. This results in a range of brain injuries; from a minor brain injury to the severe brain injury.

The long term effects of a brain injury suffered in a car accident can include everything from minor headaches and dizziness to a coma or death. A very common symptom of a concussion and other head injuries is severe headaches. These headaches sometimes last a few days or even a few years or longer, depending on the nature and extent of the brain injury. See Long Term Effects of TBI. Also see Head Injury Concerns for Bicyclists: List of Symptoms of a Brain Injury

Researchers at the University of Michigan are now using the 3D model pictured above to try and understand how the brain fights of migraine headache pain itself. the virtual reality model is based on images taken of the patient during a migraine headache attack.

Different colors in the 3-D brain give clues about chemical processes happening during a patient's migraine attack using a PET scan, or positron emission tomography, a type of medical imaging. "This high level of immersion (in 3-D) effectively places our investigators inside the actual patient's brain image" See, Hologram-Like 3-D Brain Helps Researchers Decode Migraine Pain

The diagnosis and treatment of head injuries has taken a very important role in the last 10 years in the medical community. The public awareness of these injuries and the effects they have are much more apparent now since the Iraq and Afghanistan wars. Thousands of returning veterans are suffering concussions and more severe head injuries from the prolific use of IEDs during combat. Additionally, the world of sports, particularly football, has made the issue of head injuries and the serious and very real effects more real. The public view of head injuries is now that it is a very real and substantial injury as opposed to someone just being a cry-baby. This leads to more significant research in the medical profession.

About 2 months ago we took a head injury case to trial in St Louis County, Missouri. Part of any personal injury trial is voir dire or jury selection. I discussed concussions and head injuries extensively with the jury, and my impression is that most people believe that concussions and other head injuries are now very serious medical conditions. One juror was a high school football coach, and we discussed how even subtle signs of a head injury are taken very seriously now, as opposed to 15-20 years ago when a player got dazed and confused that they would maybe sit out for a minute or even rush right back into the gridiron. This is one example of how the public is taking head injuries and symptoms much more seriously in today's society.

Likewise, if you are in a car accident and maybe suffered a head injury, even a very minor one, it is very wise to get it checked out and not just assume it will go away and not cause any problems. Our car accident attorneys can help direct your medical care by recommending specialist or other doctors you may want to visit based on symptoms and injuries you are suffering. Even if you cannot afford to see a doctor, we can help.

If you have suffered a brain injury as the result of a car accident or the negligence of another person or company contact St Louis brain injury lawyer Ben Sansone for a free, no obligation, consultation. Call (314) 863-0500 or contact us online here.

Concussions or mTBI (Mild Traumatic Brain Injury) are typically not visible on post injury imaging, such as MRIs or CAT Scans. In fact 85% of all head injury cases, from mild to severe, are not visible on an MRI or CAT Scan. This is because the damage to the brain is on a microscopic level. Even though this damage is not visible on scans, the symptoms can be severe, persistent, and even permanent.

As a Missouri injury attorney, I have dealt with hundreds of head injury cases from severe to mild. The serve ones are obvious, their is blunt trauma to the head and brain that causes damage that is visible to the naked eye. But a mTBI is difficult to diagnose objectively as all the symptoms are subjective, that is, reported by the patient and that is the basis of the diagnosis. In almost every instance the auto insurance lawyers immediately play the malingerer card and call the victim a liar, but in nicer words.

This may be changing, as advancements in imaging technology and what the doctors are looking for may lead to objective evidence in even mTBI cases and concussion cases. See, "Brain Imaging After Mild Head Injury/Concussion Can Show Lesions" from the American Academy of Neurology (2013, March 12). Teh researchers stated, "

Advanced imaging showed that -- of those 104 people with imaging evidence of hemorrhage -- 20 percent had microbleed lesions and 33 percent had tube-shaped linear lesions. Microbleeds were distributed throughout the brain whereas linear lesions, which were found mainly in one area, were more likely to be associated with injury to adjacent brain tissue

The investigators hypothesized that the linear lesions seen on MRI may represent a type of vascular injury that is seen in brain tissue studies of people with more severe TBI. "If that theory is confirmed, it may provide an opportunity to develop treatment strategies for people who have suffered a mild TBI," said Parikh.

In addition to better imaging, such as functional MRIs, and better image interpretation, people suffering form concussions will be less likely to be called liars by their insurance companies and recognized as having a real injury. Most people would be surprised to know, that the majority of sports related concussions are diagnosed solely on the complaints of the athlete. Symptoms most commonly reported, headache, dizziness, balance, cloudy thought, sleepy, and memory problems. Also common are black outs and retrograde amnesia.

Concussions and Car Accident:

As a St Louis car accident attorney, I see concussions on a routine basis and know the importance of follow up treatment. Treatment for concussions is generally supportive, meaning they cannot cure it, just treat the symptoms. Treatment of these symptoms is very important as it helps support the claim of concussion and stops the defense from claiming you are not suffering form concussion because if you were you would have sought medical treatment.

Additionally, reporting symptoms to a doctor helps validate your current complaints. Jurors take medical records as authoritative, even though the records simply are a refection your complaints to the doctor and the doctor's affirmation that you made that complaint.

Follow up with your family doctor, a neurologist, and a neuropsychologist to fully evaluate and assess a head injury. If you have been hurt in a car accident or suffered a head injury, call the head injury lawyers at Sansone / Lauber today for a free consultation. (314) 863-0500.

Oxygen Breaths New Life into Neurons!

Traumatic brain injury suffered as the result of a car accident can have devastating effects on the brain. For many brain injuries there is no available treatment for the genesis of the injury itself, just treatment of the symptoms. Just like the common cold, medical science does not have a cure, only treatment of the symptoms through medication.

Head injuries effect the neurons in the brain, sometimes the neurons are affected by metabolic dysfunction, meaning they have the energy to stay alive but not enough energy to function by generating the electric signals that the brain uses to work. Neurologists know that the brain uses about 20% of the bodies oxygen, however this is not enough oxygen to support all neurons at one time, only about 10% of the brains neurons are working at any one time. Brain cell regeneration requires much more oxygen to stimulate the healing of a brain injury. Therefore, HBOT (Hyperbaric Oxygen Therapy) forces more oxygen into the brain by ten times the normal amount which assists in brain cell regeneration and giving the brain cells energy to fire off electric signals needed for normal brain function.

"Analysis of brain imaging showed significantly increased neuronal activity after a two-month period of HBOT treatment compared to control periods of non-treatment, reported Dr. Efrati in PLoS ONE. Patients experienced improvements such as a reversal of paralysis, increased sensation, and renewed use of language. These changes can make a world of difference in daily life, helping patients recover their independence and complete tasks such as bathing, cooking, climbing stairs, or reading a book." Oxygen chamber can boost brain repair years after stroke or trauma from American Friends of Tel Aviv University, January 23, 2013.

For many years the only healing of brain injuries was time. Medical science could offer treatment of the symptoms but not the underlying physical injury to the brain cells. Oxygen therapy is very exciting for traumatic brain injury victims as it appears to jump-start the healing process, even many years after the original head injury.

May of our clients who have suffered brain injuries form car accidents suffer symptoms for more than a year, and typically, if a head injury symptom last more than one year it is probably permanent and not going to be healed by time. In the past the headaches, dizziness, and other long term symptoms of post-concussion syndrome have only been treatable through prescriptions which do not heal the injury itself. HBOT oxygen therapy is new and probably a few years off from availability to most traumatic brain injury victims. Like all new medical treatment and technology, it will eventually become more available and hopefully help some victims of head injury.

Brain injury law is a very specialized area that requires an injury attorney to have a good understanding of the ins and outs of traumatic brain injuries and the long term effects of these injuries on their clients. It is important for a lawyer to know how to explain to a jury through doctors and medical literature the effects of these injuries. It is so important in these cases because most people with brain injuries "look normal". A jury will see you during trial for several days or even weeks, you will "look normal" to them and they may think, "he looks fine, he can't be hurt that bad." Proving a broken bone is court is easy, the x-ray shows it; but brain injuries usually do not have evidence that can be seen on a x-ray, MRI, or CT image.

Hurt in a accident and need a brain injury lawyer? Call us today at (314) 863-0500 or contact us online to set up a free consultation at our office or a location more convenient for you. Also see our client reviews - 5 of 5 stars!

Anyone I have represented in a bicycle or motorcycle accident has significantly less injury if they were wearing a helmet. Most states require helmet use, however, some so not require it at all or only on certain age groups. See map regarding the current state of the law. In Missouri helmet use is mandatory; however, in two of its neighboring states, Iowa and Illinois, there is no helmet law in effect.

A recent study has found that education on the severity of brain injuries from post-concussion syndrome to "TBI" Traumatic Brain Injury increases bike helmet use. After many years as a bicycle accident lawyer I have seen first-hand the increased injury to a cyclists head and brain when helmet is not worn. Many people do not understand the severity and life altering effects of a brain injury; once they do, wearing a helmet is an obvious choice.

The study was conducted on children ages 5 to 18, the researchers provided bicycle helmet safety and brain injury prevention information to over 100 children patients; helmet usage went up 72.5% in the children. A local St Louis City Charity, Helmets First, advocates helmet use by children and education on the effects of head injuries. See Helmet Hustle - St Louis Bike Safety for Children All parents must provide some safety education to their children at a young age to instill helmet use. Our law firm supports the helmet hustle every year as the safety of our children is of the utmost importance. Many kids grow up in families that simply just do not understand the debilitating effects of head injuries, injuries that can occur even in low speed bike accidents and not involving a car.

Helmet education is so important as the "CDC" Centers for Disease Control, report that about 25% of children ages 5-15 wear a helmet when riding a bike, and the teenage helmet rate is near zero. As a result, about 153,000 children are treated in emergency rooms each year for head injuries suffered from bicycle accidents. If the increase in helmet use reported by the researchers is true, than the above number of children admitted to emergency rooms with significant brain injuries every year should be drastically reduced.

Experts say that helmet use reduces the risk of a brain injury by 88%. Part of the education to encourage helmet use is a great analogy of the brain and head to an egg, which is explained as follows:

The egg is the head;
The egg shell is the skull;
The egg white is the fluid surrounding your brain;
The egg yolk is your brain;
Drop and unprotected egg - that is what a brain injury is like.

Additionally, the researchers used a gelatin brain mold to show children just how soft and pliable the brain really is. Many people think the skull is thick and very protective of the brain underneath, however, brain injuries can occur in low speed accidents. In fact, brain injuries are even known to occur through centrifugal force, such as in car accidents that create a whiplash motion and injury. The flying back and forth of the brain inside the skull not only causes impact with the inside of the skull, but can also cause neuronal shearing from the force of motion created. See Concussion Lawsuits Bring Head Injury Awareness Mainstream.

Continue reading "Brain Injury Education Increases Bike Helmet Use by 72.5% " »

Professional cyclists and even many enthusiasts, can ride thousands of miles a year and participate in many races. The vast majority of these miles are on the sides of roads with less than ideal conditions and sometimes negligent drivers. Crashes happen, and most cyclists will experience a few crashes. As I have discussed before on this blog, I am a bike accident lawyer and a cyclist, I have represented many bike riders for injuries from negligent or even drunk drivers in both Missouri and Illinois. I have personally been in three bike accidents that could have resulted in bad injuries, one from my bike tire getting caught in a wide groove in the road, one from a driver who thought they passed me then side swiped me, and one from me not paying attention and allowing my tire to hit a cyclist in front of me. In all three I was wearing a helmet, one of them cracked and destroyed my helmet. All three resulted in nasty road rash.

If you hit your head as a result of a bike accident, err on the side of caution!

Professional riders participating in races have medical teams respond instantly even when they may not be necessary. The rest of us have to rely on our riding buddies and good judgment when determining if medial treatment is necessary after a bike injury. If you hit your head and lose consciousness, even briefly, go to the hospital, you have likely suffered a concussion. If you suffer symptoms beyond a brief loss of consciousness, such as open head would, go to the hospital! It may also be wise to call an ambulance in case any additional injury was done to your neck or spine. Don't get back on your bike, no matter how tough you are. Your balance is likely affected and could result in another crash.

Pay attention to your CT scan results. The doctors should do a CT and/or and MRI of your head and spine. However, if you CT is negative you are not out of the woods. CT/MRI of the brain often do not show objective evidence of a head injury, most brain injuries cannot be seen. The CT or MRI is primarily looking for severe brain injuries that need immediate intervention such as bleeding on the brain or hemoraging. General swelling and damage to the neurons is typically not visible on diagnostic images.

Many types of trauma to the brain are hard to predict or measure with a machine, your description of your symptoms to a doctor are crucial to be properly evaluated. Symptoms to look for, some you may not think of or realize until you see this, include:

Motor: Weakness or paralysis (hemiplegia), poor balance and coordination; (ataxia), less endurance, abnormal muscle tone and stiffness.

Perceptual: Hearing, vision, taste, smell, touch, and knowing the relationship of the body to fixed objects.

Speech and Language: Difficulty in understanding what is said, or in expressing thought (aphasia).

Cognitive: Thinking, remembering, paying attention, poor judgment, and/or problem-solving.

Memory: A problem storing and/or retrieving information; short or long-term memory loss.

Emotional and Personality changes: Moody, easily frustrated, anxious, angry, depressed, and low self-esteem.

Important symptoms of a potential head injury / Post-Concussion Syndrome:

Level of alertness; Sleep patterns; Endurance for physical and mental activities; Attention span;
Sexual function; Headache; Dizziness; Irritability; Depression; Anxiety; Complaints of being physically sick without apparent reason; Hypersensitivity to noise (phonophobia); Sensitivity to light (photophobia)

Often symptoms of Traumatic Brain Injury cannot be seen by others. This can lead to loss of self-esteem and self-confidence; feelings of failure, depression, anxiety, and/or life is "out of control." One of the reasons that TBI is called "the silent epidemic" is that there are thousands of people with TBI who have symptoms that are invisible to others.

Common symptoms of Traumatic Brain Injury in adults include:

More problems than usual with mental tasks
Persistent headaches or neck pain
Lethargic thinking, speaking or reading
Continual tiredness, without energy or motivation
Becoming lost or confused
Changes in sleeping patterns, light-headed, losing balance
Blurred vision, tired eyes
Increased sensitivity to sounds or light
Loss of the sense of smell or taste
Irrational or unpredictable mood changes
Ringing in the ears

Continue reading "Head Injury Concerns for Bicyclists: List of Symptoms of a Brain Injury " »

A competitive biker was training by riding down the outer road of a highway in Wentzville, Missouri. The biker was wearing reflective clothing and was riding along the white outside lane line. Despite legally traveling on the proper part of the roadway and wearing the proper safety gear, a reckless pickup truck driver struck him from behind with the front passenger side corner of his truck sending the cyclist flying off his bike. The cyclist in this particular case was lucky, because the severity of the impact would have crippled many people. However, my client was in excellent physical condition and after a few days in the hospital and a few months of therapy he recovered, for the most part. He did suffer a concussion from the bike accident, which caused some memory problems and other concussion related symptoms. Despite his head injury, his mental tests came back above average and he managed to recover. This Wentzville bike accident case settled for a very high dollar amount as we aggressively prosecuted the case and our client resisted the insurance company's offers between $100,000 - $145,000 just 6 months before we settled the case. Persistence and patience was the key to this excellent recovery for our client and more than double what the insurance company wanted to settle for.

This cause of a bike collision and injury is referred to as "The Rear End" - See Common Causes of Bike Accidents. This is the hardest collision for a biker to avoid because you generally cannot see cars coming since you are not looking behind yourself while riding. Fortunately, most drivers are good drivers and this type of bike related injury accounts for less than 5% of bike collisions.

How to avoid "The Rear End"? As a Missouri bike injury lawyer and based on my experience and research into bicycle safety, this type of collision occurs most often when the cyclist does not have a rear light, regardless if it is daytime or legally required. See Bike Lights for Safety: See and Be Seen.

Additionally, ride on streets with more generous shoulders, also, studies show that riding in more populated areas as opposed to rural areas, is safer to avoid this type of collision. Typically because lighting is better is more populated areas and drivers tend to drive a little slower because of traffic and shorter distances. A few other precautions; get a rear view mirror and do not ride on the edge of the shoulder or too close to a curb. This allows you room to maneuver and hopefully avoid or lessen a collision.

Serious bike injuries still occur despite taking all these safety precautions, as was with the case with my client above. He did everything he was supposed to do and was still hit by a careless driver. As in many Missouri and Illinois bike accident cases I handle, the typical defense is "I did not see him!", well this is not a defense unless the cyclist did something wrong, such as ride at night with no lights, unpredictably shoot out of the riding lane, etc ... See The "I did not see the cyclist" Defense and dealing with it at Trial

If you or someone you know suffered a bike relalted injury as the result of a careless driver, contact a bike accident lawyer today for a free consultation. Our law-form is based in Clayton Missouri which is located within St Louis County right by the Courthouse. Our injury attorneys routinely represent victims throughout Missouri and Illinois including the following areas: St Charles, Lincoln, Franklin County, Jefferson County, Cape Girardeau, Edwardsville, Belleville, Waterloo, and all of Illinois. Call us today at (314) 863-0500.

As a St Louis worker's compensation lawyer, attorney Ben Sansone represents Missouri and Illinois clients that are injured at work as a result of workplace hazards. Recently, an employee at a Halloween themed park almost died as a result of a workplace danger.

Jessica Rue may seem like most other 18 year old college students that one may encounter. Unfortunately, that is untrue. In October of 2011, Rue became employed by the Creepyworld haunted attraction in Fenton, Missouri as an actress in one of the many scary scenes visitors must walk past. The evening of October 27, 2011 was her second night on the job when something went horribly wrong.

I would like to paint the following image for you regarding her work environment before I go any further:

The scene she is working in is supposed to be a bathroom that is drenched from ceiling to floor in fake, slippery blood. Ms. Rue's character is dressed in a white wrap-around towel and dark shorts. In the bathroom, there is a noose prop in front of the bathtub portion of the scene as well as a mannequin. Sounds like an accident waiting to happen, doesn't it?

Rue had been instructed to use the noose prop to play up her character in hopes of frightening the visitors to the attraction. While doing what she had been instructed by her manger, Chelsey Rusbarsky, Jessica Rue, somehow slipped off the edge of the bathtub that was drenched in the fake blood and struggled for dear life while hanging by her neck in the noose.

The Jefferson County Sheriff's Office stated that for the 2 to 10 minutes that she was hanging in the noose, visitors must have assumed that she was either a prop or a very convincing actress and would have probably walked right on by to the next scene. Due to the lack of oxygen to her brain, Rue eventually passed out where she was found by co-worker Sam Israelsen who cut her down and began CPR.

This fun job gone horribly wrong left Ms. Rue in a coma for three days. Today, she suffers from a brain injury from the Fenton accident, including short term memory loss and even the doctors do not know the full extent of the neurological damage due to lack of oxygen to her brain for at least 10 minutes. It was later found out by an investigation of the haunted attraction that the noose used in her scene was not a break-away prop, but securely bolted to the ceiling so that it held her weight whereas a break-away prop would have immediately come apart to avert such a crisis.

In January 2012, Jessica Rue filed a suit against Halloween Productions, Inc. and its owner Larry Kirchner. The suit states that supervisor Rusbarsky and co-worker Israelsen were negligent and intentionally created this life threatening situation due to the fact that they had encouraged Rue and other workers to use this noose to scare visitors even though there was a slip hazard with the fake blood. In this suit, Rue is not seeking any specific amount of damages due to the fact that she will have ongoing medical bills and Medicaid will be dropping her when she turns 19.

According to Claimsjournal.com there were a reported 133 fatal work injuries in Missouri just last year in 2011. That is an increase from 2010. Fortunately, Jessica Rue's injuries were not fatal, but so easily could have been had she been left for even a few more moments. These attractions come to the Saint Louis area each year and are supposed to be fun for both the actors and the visitors. However, in the race to make the most profits, it seems that quite a few safety points were overlooked in last year's design. Hopefully other attractions in the area take note and learn from the near-deadly mistake of one very popular attraction.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis accident/wrongful death attorneys at 1-314-863-0500 today.

Si tu o alguien que conoces tiene un querido que se perdio su vida o se fue herido en un accidente por negligencia de otra persona que esta culpable, tienes opciones para recibir compensacion por esta perdida. Por informacion en protejer tus derechos en un situacion de negligencia o muerto por negligencia, por favor llama uno de nuestros abogados en St. Louis que especializa en accidentes y muertos por negligencia. Nuestro numero es 1-314-863-0500. Llamanos hoy para proteger sus derechos.

Sources:

StlToday.com: Brain Injury at Haunted House

http://www.claimsjournal.com - 2011 Fatal Work Injury Statistics

As a St Louis Missouri accident attorney, I see my clients suffer the patent as well as the not so obvious symptoms of brain injuries. Brain injuries often result from auto accidents and bike accidents, but it is in the realm of youth football and professional football that head injuries are getting added attention recently. It will come as welcome news to many parents that as high school football season kicks into gear, the dangers associated with head injuries are becoming increasingly well known. The new attention concussions are receiving has led to changes in how they are detected and dealt with. Head injury lawyers and their clients pursuing brain injury cases has brought this issue into the mainstream. The basics of a brain injury are illustrated below, neuronal shearing or axonal shearing are often the cause of the victims symptoms.

While a concussion is defined as a trauma to the brain resulting in neurological injury, athletes may experience a range of symptoms as a result. According to the Mayo Clinic, the signs and symptoms of a concussion can be subtle and may not be immediately apparent. Symptoms can last for days, weeks and in more serious cases, a lifetime. The most common symptoms after a concussive traumatic brain injury are headache, amnesia and confusion.

While a host of concussion-related lawsuits have been directed against high schools, much larger athletic organizations have found themselves in the crosshairs, including the NCAA, NFL and NHL. The increase in such suits corresponds with an increase in awareness of the risks posed by head injury. Studies have been conducted which are finally revealing the long-term damage such injuries can cause, including severe degenerative brain disease.

Just last month, Bryan Namoff, a longtime D.C. United defender whose career was cut short by a concussion, filed a $12 million lawsuit against his Major League Soccer club, claiming they failed to properly evaluate his injury and cleared him to play too soon.

Namoff contends that United was negligent in its care and treatment after he was injured in a game back in 2009. He was cleared to play only three days later, in a game which he did not then know would be his final appearance on the field. Namoff alleges that he suffered brain damage and cognitive, memory and sensory loss as a result of his head injury. He also has permanent headaches and fatigue, sleep problems and hypersensitivity to motion.

One major case that helped get the ball rolling was filed last year by former athletes against the National Collegiate Athletic Association. The plaintiffs claimed that the organization was negligent in caring for its players and failed to properly treat brain traumas despite an awareness of the dangers they posed.

Another major suit levels similar charges against the National Football League. The litigation involves two groups of plaintiffs, the first consisting of current players who are seeking improved medical care and treatment related to brain trauma. The second batch of plaintiffs includes those suing for actual injury or death caused by their head injuries. Nearly 3,000 individual suits have been filed as part of the litigation and the number could actually go up, as there are nearly 21,000 retired players.

The plaintiffs are claiming that the NFL was aware of the relationship between concussions and permanent neurological damage, but choose to do nothing about it. Attorneys are claiming the League had solid medical evidence regarding the lasting damage posed by such injuries from as early as 1928.

All the lawsuits, whether by parents of injured high schoolers or families of debilitated professional athletes, share a common theme: if the brain is allowed proper time to heal, it can recover from most head injuries. The plaintiffs believe that the defendants failed to provide the necessary time to heal, never warning those in their care of the risks associated with what they thought were only minor injuries.

St. Louis brain injury lawyer Ben Sansone is an experienced Missouri injury trial lawyer practicing in all areas of personal injury including brain injury and medical malpractice. For information on how to protect your legal rights if you or a loved one has been seriously injured, call one of our Missouri head injury attorneys today at 1-314-863-0500.

Source: "Bryan Namoff files $12 million lawsuit against D.C. United, claiming medical negligence involving career-ending concussion in 2009 MLS match," by Steven Goff, published at WashingtonPost.com.

See Our Related Blog Posts:

Important Information Regarding Children and Head Injuries

Fear of Lasting Damage from Concussions Sparks Debate over Youth Sports

Head injuries are not something to take lightly. One of the focuses of my personal injury practice is head and brain injury cases. Physical injuries such as broken bones, cuts, and scarring are obvious, but people cannot see injury to millions of brain cells, except in the worse brain injury cases resulting in comas or very severe symptoms. Often, the symptoms of a brain injury or concussion come on subtlety over weeks or months making the problems less obvious to the injured person and those close to them. These head injury and post concussion cases require a focused and detailed approach to legally prove the head injury and show the jury the harms and losses the brain injury causes the victim every day.

The CDC estimates that 1.7 million people in the country sustain a traumatic brain injury every year, and these injuries contribute to a third of all injury-related deaths in the United States.

Children, especially those between the ages of 0 and 4 and the ages of 15 and 19, are the most likely to sustain these injuries, which is why education about the dangers of head injuries is so important. Because of the long-term effects that head injuries can have, parents should learn all they can about this common childhood injury.

In children, head injuries often occur while they are playing. Falls on the sports field, tumbles while riding a bike and trips while climbing outdoors are all common causes. For this reason, children should wear protective helmets whenever possible. Parents need to make sure that helmets are being used when their children participate in rough sports events or when riding wheeled toys, such as bikes, scooters and roller skates. Head injuries also frequently occur as a result of car accidents, especially when children are not properly restrained. Proper use of child safety seats can help protect children against serious brain injury in a car accident.

Though head injuries affect all children, a recent Reuters article mentioned the findings of a study published in the Archives of Pediatrics & Adolescent Medicine which shows the treatment for such injuries may not be uniform across the different races. Researchers looked at brain injuries and treatment of children and discovered differences based on the race of the injured child.

According to the research, white children get CT scans more often following minor head injuries than the children of the other races. The study found that 42% of white children brought in for minor head trauma got CT scans while only 28% of black and Hispanic children brought in for minor head trauma received such scans.

Some may think this means that hospitals are giving better treatment to white children, but the results indicate that unnecessary CT scans can actually be dangerous to the children receiving them. In this case, more treatment is not better treatment and can actually lead to medical mistakes and dangerous radiation risks.

So what's the reason for the gap? Researchers are not sure, but think that parental anxiety levels play a role in the rate of CT scans given to children. Such anxiety is understandable given that what makes head injuries so scary is the fact that you cannot see what is going on inside your child's head. What may appear to be a minor fall could actually be the start of a serious brain injury. That is why all head injuries should be checked by a skilled doctor, just to make sure there are no long-term effects.

If the injury was caused by another individual, parents should also consider talking to a lawyer about any further steps they need to take to protect their child's rights. St. Louis personal brain injury lawyer Ben Sansone is an experienced Missouri injury trial lawyer practicing in all areas of personal injury including brain injury and medical malpractice. For information on how to protect your legal rights if you or a loved one has been seriously injured, call one of our Missouri head injury attorneys today at 1-314-863-0500.

Source: "Important facts about child head trauma," by Courtney Caligiuri, published at WPRI.com.

See Our Related Blog Posts:

Fear of Lasting Damage from Concussions Sparks Debate over Youth Sports

Head Injury Settlement - Student Struck in Head at Missouri High School

Unfortunately, in Missouri and across the country, every summer needless accidental drownings result in wrongful death or near drownings that lead to severe brain injury because of prolonged lack of oxygen to feed the brain. According to statistics from the CDC an average of 3,533 fatal unintentional drowning occur every year in the U.S. That means that every day, about ten people die from unintentional drowning. Of these, two are children aged 14 or younger. Though kids and swimming pools go hand in hand over the long, hot summer months, parents should be on alert when their young children are around water. Additionally, just because yo are at a public pool, such as a hotel or resort pool, don't assume their lifeguards and/or safety rules are enough to ensure the safety of and protect your family.

Though adults can drown too, young children are at a special risk of accidental drowning during the summer months. Children between the ages of 1 and 4 have the highest rate of drowning. Also, nearly 80% of people who die from drowning are male. Among young children, most drowning occurs in home swimming pools.

Beyond death due to drowning, another terrifying prospect is the risk of permanent injury. Debilitating conditions due to brain injury and lax of oxygen can leave a child permanently damaged. According to data, for every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries.

According to the CDC, the main factors that affect drowning risk are lack of swimming ability, lack of barriers to prevent unsupervised water access, lack of close supervision while swimming, location, failure to wear life jackets, alcohol use, and seizure disorders.

Parents should consider the following tips to keep themselves and their young children safe when around the water:

Supervise Your Kids When Around Water - Designate a responsible adult to watch young children while children are swimming or playing in or around water. Supervisors of preschool children should provide "touch supervision," being close enough to reach the child at all times in case of emergency. Because drowning occurs quickly and quietly, adults should not be involved in any other distracting activity.

Learn to Swim - Formal swimming lessons can protect young children from drowning though strong supervision is still required when young kids are near the water.

Learn Cardiopulmonary Resuscitation (CPR) - In the time it takes for paramedics to arrive, your CPR skills could save someone's life.

If you're the owner of a swimming pool then there are additional precautions you should take to ensure that everyone leaves your gathering safe and sound.

Install Four-Sided Fencing - Install a four-sided pool fence that completely separates the pool area from the house and yard. The fence should be at least 4 feet high. Use self-closing and self-latching gates that open outward with latches that are out of reach of children.

Clear the Pool and Deck of Toys - Remove floats, balls and other toys from the pool and surrounding area immediately after use so children are not tempted to enter the pool area unsupervised.

Get Alarms - Install pool and gate alarms to alert you when children go near the water and consider using a surface wave or underwater alarms.

If you or a loved one has been seriously injured in a water-related accident and have questions, call one of our Missouri personal injury attorneys today at 1-314-863-0500.

Source: "Unintentional Drowning: Get the Facts," published at CDC.gov.

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St Louis accident attorneys, Sansone / Lauber, obtained a favorable settlement in Cape Girardeau County on behalf of a Scott County high school student who was injured after a loose door divider fell and struck him on the head when he was walking through a gymnasium doorway. The lawsuit settled for a very favorable $75,000.00, plus court costs, about two weeks prior to trial. The injured Plaintiff suffered a concussion and incurred approximately $5,000 in medical bills. The claim was made against Scott County School District. See : PETITION - dangerous condition - School_Redacted.pdf.

When making an accidental injury or negligence claim against a public entity, such as a pubic school, certain issues must be considered and investigated since public entities have certain tort immunity under Missouri law. See: Government Entity Liability for Dangerous Conditions. Specifically, you must determine if the accidental injury you are making a claim for falls under one of the exceptions to sovereign immunity, additionally, you need to look for other 3rd parties that may be liable if the sovereign immunity caps apply and the damages from the injuries may exceed those caps.

In our recent Cape Girardeau premises liability case cited above, the school district was unable to dispute that the Plaintiff was injured by a loose double door divider that fell and struck the Plaintiff in the head as he walked through the doorway during gym class. The Defendant, Scott County High School, and its employees, had exclusive control over the gym doors, including the post. Additionally, we were able to show that Scott County had actual notice the center divider was loose or had fallen out the night prior to Plaintiff's injury.

The night before the negligent head injury, a teacher had actual knowledge of the dangerous condition. The school nurse testified that she heard from school employees the center divider fell out of the doorway the night before at the basketball game. Additionally, another teacher that was at the game, testified she leaned against the center divider and it moved, then a spectator at the basketball game tightened it up with just his hands, no tools. That same teacher testified nothing else was done to that center divider and she did not notify anyone. Cursory investigation fo the doorway showed that hand tightening would not be effective, the fastener holding the center pole is a small Allen bolt that is smooth without anyway to grip other than using an Allen wrench or pliers.

The Plaintiff was sent to the emergency room and diagnosed with a concussion. One year after the head injury, medical records documented that the Plaintiff was still suffering from post concussion symptoms including headaches.

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With over a decade of experience handling personal injury claims, I have represented dozens of individual suffering from head injuries, including post concussion syndrome and more severe traumatic brain injuries. See Brain and Spine Injury Lawyer Articles. A head injury can be a slight as headaches and dizziness to severe as unconsciousness, visible injury to the brain, coma, or death. Brain injuries are need to be addressed medically and legally even when relatively minor.

One of the reactions to the recent awareness of how sever even perceived minor head injuries can become, the debate has begun about young children being allowed to play rough contact sports like football. Two of the world's leading experts on concussion related injuries disagree on the subject.

Any time a person sustains a head injury, there is risk of concussion. While a concussion may not sound too scary, the problem occurs in repeated incidents of concussions which can have serious long-term consequences. One especially troubling worry is that if an athlete, or a child, receives a second concussion before the first has fully healed, it can cause permanent injury or even death.

According to the experts, children who play football throughout high school may receive as many as 2,500 sub-concussive hits throughout their careers. A recent study found that the number of catastrophic brain injuries which caused permanent disabilities among high school football players increased to 13 during 2011. This alarming trend has researchers working on ways to make youth sports safer even if they don't agree on the best way to guarantee that safety.

The issue up for debate is whether the safety skills obtained by experiencing contact in the form of rough sports play early on in life is counterbalanced by the risk of injury caused by multiple concussions.

Boston University's Dr. Robert Cantu thinks that sports like ice hockey, lacrosse and tackle football should be off limits to kids under the age of 14 until rules are changed to limit risks of concussions and other injuries stemming from multiple blows to the head that so often come with the territory.

On the other side of the debate is Dr. Kevin Guskiewicz from the University of North Carolina. He believes young athletes need to learn how to deal with physical contact early on when they play against opponents who are the same age and size. Dr. Guskiewicz believes that such early exposure to proper safety techniques will ultimately lead to safer playing later in life.

Guskiewicz explains that "the youth league players generally are close to the same size and are about the same age. If you wait until the kids are freshmen in high school, you might have a 130-pound player competing with a 300-pound player. The forces can be tremendous. I believe it is safer for the players to learn at younger ages."

Cantu, who has treated a lot of youngsters with concussions, believes that it is absolutely critical to avoid repeated head injuries. "That's where Kevin and I differ," Cantu said. "I'm treating these children and I've seen them miss school for a week, a month, a semester, even a year because of post-concussion symptoms."

St. Louis personal injury lawyer Ben Sansone is an experienced Missouri injury trial lawyer practicing in all areas of personal injury including brain injury and medical malpractice. For information on how to protect your legal rights if you or a loved one has been seriously injured, call one of our Missouri personal injury attorneys today at 1-314-863-0500.

Source: "Concussion experts differ on safety in youth sports," by Tim Stevens, published at CharlotteObserver.com.

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A St Louis medical negligence lawsuit we have been working on for several years settled for over $900,000. The injured Plaintiff was seen by a St Louis doctor who performed a cervical nerve root block. See Negligent Pain Injection Lawyer. Within fifteen minutes of the procedure she was left partially paralyzed, fortunately, she has mostly recovered from her paralysis and was able to return to her full time job.

We believe that the negligent doctor caused the partial paralysis by allowing the medicine to invade an artery through a combination of negligent techniques. One, the dosage of the pain medication steroid was double the recommended amount, two, the operative technique was negligent as he failed to use tubing between the syringe and needle to minimize needle movement, and three, the basic placement of the needle prior to the injection was in a dangerous location. See St Louis Medical Malpractice Lawyer Article: "Missouri Medical Negligence - Cervical Pain Injection Hits an Artery - Med Mal causes Depo Medrol to go into Spinal Cord and Brain - Spinal Cord Injury and Brain Injury resulting in Partial Paralysis"

Despite our injured client's neurological deficits, she missed only a few months of work and was able to return to her job full time within months of the spinal cord injury. She incurred about $200,000 in medical bills as a result of the injury and no lost wages. Generally, arterial invasion by a steroid results in devastating injuries and death, our client was lucky that her injuries were relatively minor.

One of the essential requirements to successfully pursuing a medical malpractice lawsuit is retaining a good medical expert. See St Louis Medical Negligence Attorney Article: "Use of Expert Witnesses by Missouri Injury Attorneys to successfully pursue Missouri Injury Claims and Lawsuits" Not only do you need an expert to testify regarding liability or negligence (violation of the medical standard of care), but before a Missouri medical negligence lawsuit can even be filed you must have a certificate of merit under Missouri Statute 538.225 or else the medical malpractice lawsuit will be dismissed. In fact, before retaining our St Louis medical malpractice law firm, our client initially retained another personal injury lawyer, however, they failed to file a certificate of merit and her case was dismissed. Additionally, they decided not to pursue the case after consulting with a medical expert. After we received the file, we immediately retained a well known and qualified expert in the field of diagnostic radiology. In fact, through a little research, we found out the expert the previous attorneys consulted with is a well defense expert, so obviously he talked the case down and immediately defended the negligent doctor.

Medical malpractice cases are time intensive, difficult, and very expensive. Many lawyers claim they handle medical malpractice cases, however few can successfully pursue them with excellent results. Choose your lawyer carefully.

Continue reading "St Louis Medical Malpractice Settlement: $900,000.00 for Spinal Cord Injury after Negligent Pain Injection " »