News & Analysis as of

Traumatic Brain Injuries

0.44% of NFL Brains

by Wilson Elser on

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees...more

New Information on Photophobia following TBI

One of the most common symptoms following TBI is photophobia, an intense intolerance to light that can cause significant discomfort, interfere with activities of daily living, and contribute to post traumatic headaches. It...more

Trail Immunity Not a Given for Public Agencies When Injuries Caused by Adjacent Property

by Best Best & Krieger LLP on

Of the many immunities available under the California Government Code, “trail immunity” under section 831.4 has long shielded public entities from liability when injuries are suffered by those using public property for...more

New Study Highlights Importance of Vision Testing following Concussion (mTBI)

The May 16, 2017 issue of The American Journal of Sports Medicine highlights the significance of subtle changes in vision following concussion in predicting more prolonged recovery. The study found that a diagnosis of ...more

Legal Issues Surrounding Traumatic Brain Injuries and Social Security

by Varnum LLP on

Those with traumatic brain injuries often find it difficult to return to work and support themselves or their families. We often support our clients by clarifying the complex legal issues surrounding Social Security...more

Traumatic Brain Injuries: The Dynamics

When a loved one experiences a traumatic brain injury (TBI), family dynamics are forever changed. The athletic boy who suffered a blow to the head during batting practice no longer is able-bodied. The academic girl who...more

What are the costs of traumatic brain injury (TBI)?

The public often expresses outrage at high-dollar verdicts when they reach the six- and seven-figure level. This is understandable in court cases, since only the jury hears all the evidence in a given case and the public is...more

Traumatic Brain Injury — What are the facts?

Over 5 million Americans have suffered a traumatic brain injury, or a TBI, and are living with disabilities that range from minor to severe. TBI patients who survive face a lifetime of consequences that affect every aspect of...more

Expert Failed to Offer Admissible Evidence in Opposition to Motion for Summary Judgment

by Low, Ball & Lynch on

Sanchez v. Kern Emergency Medical Transportation Corporation - COURT OF APPEAL, FIFTH APPELLATE DISTRICT (February 6, 2017) - An expert opinion filed in opposition to a summary judgment must be based on admissible...more

Strict Adherence to the Government Claims Act is Required

by Low, Ball & Lynch on

J.M., a Minor, etc. v. Huntington Beach Union High School District - Supreme Court of California 2 Cal.5th 648 (March 6, 2017) - Government Code sections 810 et seq. (“The Act”) set forth the procedures and...more

Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: March 2017

by Mintz Levin on

Trends & Analysis - ..This issue looks at 18 health care–related qui tam cases that were unsealed in whole or in part in late October through November 2016. ..The cases identified were filed in federal district courts...more

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

by Downs Rachlin Martin PLLC on

University of Toronto researchers have just published an important longitudinal study following patients with Post-Concussion Syndrome (PCS) based on a diagnosis of concussion in conformity with the international sport...more

“Rest Until Symptom Recovery” May Not be the Best Medicine for Children and Adolescents Recovering from Acute Concussion

by Downs Rachlin Martin PLLC on

In a study published in the Journal of the American Medical Association (JAMA) on December 20, 2016, Canadian researchers found that children and adolescents who returned to exercise within seven days of experiencing a...more

You Should Know - December 2016

Presenting America’s Top Safety and Justice Stories of 2016 - Are you making all those lists and checking them twice? Gifts? Holiday cards? Party invitations? New Year’s resolutions? Well, here’s one more for you...more

Supreme Court Denies Review of NFL Players’ Concussion Settlement

In April of 2015, Pennsylvania federal district court judge Anita B. Brody approved a settlement between the National Football League (NFL) and retired football players intended to resolve thousands of concussion lawsuits...more

As American as Football, Apple Pie and Class Actions

by Benesch on

Two cert petitions in a football-related class action are pending before the U.S. Supreme Court: Gilchrist v. National Football League, case no. 16-283 and Armstrong v. National Football League. Both are scheduled to be...more

A Reminder To Be Careful With Ex-Employees And Confidential Information

by Reed Smith on

A lot of companies rely on retired and otherwise former employees for information in litigation – including product liability litigation. Particularly where a product (such as a drug that’s now gone generic) has a long...more

Genetics a Likely Factor in Variability of Outcome Following Concussion

by Downs Rachlin Martin PLLC on

Most experts in traumatic brain injury (TBI) agree that there is a high degree of variability in outcomes after TBI, including concussions (usually characterized as “mild” TBIs – mTBI.) In other words, this injury is...more

Big Pharma, Big Soda spending big to battle ballot measures

Just some quick updates on some topics that the blog has followed in recent days: Big Soda, Big Pharma spending big to battle ballot measures...more

Washington Supreme Court Creates Bright-Line Rule - Postemployment Communications Between Former Employees and Corporate Counsel...

by Holland & Knight LLP on

The Washington Supreme Court held in a 5-4 vote that attorney-client privilege does not apply to communications between corporate counsel and former corporate employees, even if the communications concern what the employees...more

Continuing to Play Following Concussion Can Prolong Recovery And Expose Athletes to Catastrophic Second Impact Syndrome

by Downs Rachlin Martin PLLC on

A new study published in the September, 2016 issue of Pediatrics provides evidence that returning to play immediately following a sports related concussion, even without a “second impact” nearly doubles, on average, the...more

Five Common Injuries that Occur in Auto Accidents

by Howard Ankin on

According to statistics from the National Highway Traffic Safety Administration, there are five types of injuries that commonly occur from auto accidents. In Illinois accidents, an auto accident lawyer Chicago often...more

Medicaid Managed Care Transitions’ Impact On Brain Injury Waiver Populations

As of June 2015, 24 states utilize a traumatic or acquired brain injury waiver,1 as provided under section 1915(c) of the Social Security Act, which are designed to help individuals with traumatic brain injury (TBI) live in...more

WWE Misclassification Lawsuit Claims Performers’ Status as Independent Contractors Caused Long-Term Brain Injuries

Another major sports organization has been hit on the head with a concussion lawsuit. Most recently, former WWE performers claim that they suffered concussions and other head injuries that have resulted in long-term brain...more

Defence & Indemnity - June 2016: II. LIABILITY ISSUES #3

by Field Law on

Both the legal/registered owner and lessor and the beneficial owner and lessor of a vehicle are vicariously liable for the lessee’s vehicular negligence but only to the liability cap for lessors. Graham (Litigation...more

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