When First Lady Michelle Obama
visited Philadelphia to announce a new initiative involving post traumatic
stress disorder and traumatic brain injury, she touched on a medical and legal
issue that greatly affects many people in our region and is, sadly, little
understood.
Mrs. Obama’s focus was on
military veterans. She called these injuries ”invisible wounds”. Robert Bales,
the 38-year-old staff sergeant charged with murdering 16 Afghanistan civilians
earlier this year, is believed to have been suffering from Traumatic Brain
Injury at the time of the shooting.
A person suffering from a brain
injury often can’t concentrate, has headaches and doesn’t have the ability to
do common tasks. Victims can suffer outbursts of rage and bouts of
depression. Head injuries can
cause violent acts.
Brain injuries, also known as
closed head injuries, can be a threat to those in private life. The most common
cause of the injury is whiplash from a traffic accident. Serious head injuries
are also suffered in sports, riding motorcycles, assaults, dog bites, the
wrongful administration of drugs, or falls. Victims come from all age groups, occupations and income
levels.
The family of a 13-year-old
Chester County boy who had died from a closed head brain injury consulted me
about his death. The boy fell and went to bed with a bad headache. He became
incoherent and was taken to a local hospital. The hospital immediately
determined it didn’t have the expertise to treat the boy and transferred him to
a Delaware hospital. That hospital made the same determination and he was sent
to a Philadelphia hospital. Within 14 hours of the fall, the boy died. No one
diagnosed the seriousness of the injury in time to save the boy.
Another traumatic brain injury
took place when a 3-year-old child suffered a puncture wound to the head from a
dog. Last year, the Philadelphia Business Journal reported that 50 lawsuits
have been filed on behalf of about 1,000 retired National Football League
players because of brain injuries. More than 100 former Philadelphia Eagles are
among the plaintiffs.
Actress Natasha Richardson died
in March 2009 after sustaining a head injury while taking skiing lessons in
Canada. At first she felt fine but within three hours she complained of a
headache and eventually was admitted to a hospital and then died.
During my 45 years practicing
law I’ve represented hundreds of people suffering from traumatic brain
injuries. I first became aware of the injuries when I served as an
administrative officer at a military hospital.
Of course, treating doctors are
interested in saving a patient’s life and not in determining the cause of the
closed head injuries. When cases enter the legal system, this lack of cause
presents challenges for attorneys representing innocent victims of brain
injuries.
The underlying cause of brain
damage might not be evident. Symptoms of a brain injury may appear hours or
many days after the injury was inflicted. A minor bump on the head can cause
more serious head injuries than a fall from great heights. Qualified medical
experts, such as those trained in neuropsychiatry, need to be engaged.
Unfortunately, not many such experts are in the area.
A competent lawyer representing
persons who have been diagnosed with closed head trauma has a duty to advise
the client and his family to consult with qualified physicians so that
potentially serious conditions are not ignored.
A common problem is when the
client has suffered a concussion but has not lost consciousness. Often persons
suffer concussions and remain unaware of the event until symptoms appear.
Recent studies have shown that repeated concussions, such as those suffered by
contact sport competitors in football, ice hockey, boxing and the martial arts,
may lead to a severe degenerative brain condition which can lead to early
dementia and/or Parkinson’s Disease.
Patients need to be evaluated
for both immediate and long-term care. Attorneys advising clients to take a
quick monetary settlement without investigating the future needs of victims are
doing their clients a great disservice.
Significant brain injury
victims often need special care in residential treatment facilities. Insurance
issues may arise which add to family stress during the recovery period.
Attorneys often have to intervene with insurance carriers to ensure that their
client’s needs are being met. Rehabilitation and future medical expenses can be
costly. Required long-term rehabilitation may become a problem as insurance
carriers attempt to avoid the financial obligations for such care.
Specially trained medical
personnel and sophisticated equipment are needed to treat a victim of a closed
head injury and experienced legal representation is needed to protect the
victim and to ensure proper compensation for such a serious and life-altering
injury.
* Lawrence A. Goldberg is a partner in the law firm of Goldberg,
Meanix, McCallin & Muth, 213-215 West Miner Street, West Chester, PA. and
can be contacted at 610 436-6220.)
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