Traumatic Brain Injury Blog

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Compensation

January 18, 2017

Longitudinal Study Finds that Post-Concussion Syndrome (PCS) May Be Permanent

University of Toronto researchers have just published an important longitudinal study in the peer-reviewed Journal of Neurotrauma following patients with Post-Concussion Syndrome (PCS) based on a diagnosis of concussion in conformity with the international sport concussion criteria.  This was the first longitudinal study that specifically excluded patients with contusions and hemorrhages identified by imaging (so-called “complicated” concussions), patients who tested positive on so-called “malingering” tests (the TOMM) and patients involved in litigation. Read More

January 5, 2015

The verdict is clear: diffusion tensor imaging demonstrates damage to the brain associated with mild traumatic brain injury

The weight of scientific evidence demonstrates that “diffusion tensor imaging” is an effective tool for demonstrating damage to the white matter of the brain associated with mild traumatic brain injury.

The damage typically associated with mild traumatic brain injury (mTBI) is in the axons, the microscopic fiber tracts in the white matter of the brain too small to be seen by conventional tools such as MRI and CT. In fact an individual with a perfectly normal MRI and CT could even be in a coma due to a brain injury. Treatment providers have been left to infer injury from clinical symptoms. However, even the most commonly used clinical tools, such as neuropsychological assessment, are generally seen as insensitive to the subtle, but sometimes life altering, effects of mTBIs. Read More

August 28, 2014

NCAA Settles Concussion Class Action Lawsuit

Good News for Future Players, Bad News for Past and Current Players Left to Seek Compensation on an Individual Basis

On July 29, 2014, the NCAA and representatives of college athletes announced an agreement to settle a concussion class action lawsuit that came on the heels of a similar lawsuit against the NFL.  The settlement will need to be approved by the Court, a process that could take several months. It is anticipated that several former athletes experiencing the long-term effects of concussions suffered in college sports will object to the settlement, since it does not provide any direct compensation – unlike the proposed settlement in the NFL case. Players with concussion claims are left to pursue those claims on an individual basis. Read More

January 7, 2014

NFL and NCAA Under Increased Pressure to Manage the Long-Term Effects of Concussions

In August, 2013, the NFL announced that it had reached a $765 million dollar settlement of claims by more than 4,500 players alleging that they were suffering from long-term consequences of concussions that the NFL had known about for years, hid from players, and failed to minimize by establishing appropriate protocols for return to play.  The alleged cover-up by the NFL, with co-conspirators in the medical community, was recently the subject of an extensively researched PBS Frontline special titled “League of Denial.” 

By settling the players’ claims early in the litigation it appeared that the league would avoid further examination of what the league knew and when it knew about the long-term effects of concussion. However, several recent developments indicate that these issues will likely be examined further. The judge overseeing the litigation has appointed a “special master” to make recommendations concerning the settlement and the Brain Injury Association of America has  petitioned to intervene in the litigation to make sure that the settlement takes proper account of the

“progressive physical, psychiatric and cognitive disease processes that are caused and/or accelerated by brain injury, but may not  manifest in clinically significant symptoms on initial presentation.”

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July 16, 2013

Vermont Jury Verdict Awards $43.1 million for Spinal Cord Injury

On June 28, 2013 a Chittenden County Vermont jury returned a $43.1 million dollar verdict in favor Dzemila Heco,  a 51 year old woman who suffered a C4-C5 spinal cord injury when her 1999 Dodge Neon was struck from behind at 35 miles per hour by another car while waiting at a red light. Read More