News & Analysis as of

Bodily Injury Military Service Members

Willcox & Savage

You've Heard of Medicare and ERISA Liens, but What About the Federal Medical Care Recovery Act? The Federal Law Controlling the...

Willcox & Savage on

Claims adjusters are frequently warned to identify and resolve Medicare and Employee Retirement Income Security Act (“ERISA”) liens before finalizing settlements in personal injury claims. But there is another federal law...more

Console and Associates, P.C.

Senate Passes PACT Legislation for Burn Pit Victims

The U.S. Senate passed the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. The PACT Act is a substantial step in expanding healthcare services and benefits to the millions...more

Console and Associates, P.C.

Final Bellwether 3M Earplug Trial Ends at $77.5 M Verdict.

A federal jury in Florida awarded $77.5 million in damages, including $72.5 million in punitive damages, to a former soldier who filed a claim alleging that his hearing loss resulted from defective 3M Co. earplugs. The case...more

Console and Associates, P.C.

3M Earplug Bellwether Trial Culminates in a $13 Million Payout – Attorneys Remind Veterans It’s Not Too Late to Sue

The 3M earplug lawsuits keep moving forward. On November 15, 2021, the seventh bellwether trial in the ongoing 3M earplug injury litigation ended in a $13 million award in favor of the plaintiff. This jury award has other...more

Console and Associates, P.C.

3M Earplug Lawsuit Update 2021: $1.7M Award

Jury Awards Veteran With Hearing Loss $1.7 Million in Third Bellwether Trial - A Florida jury’s $1.7 million judgment in favor of the plaintiff on June 18, 2021, handed The 3M Company its second defeat in bellwether trials...more

Downs Rachlin Martin PLLC

Defense Department Study Finds that Targeted Treatment Improves Chronic Symptoms Following Mild Traumatic Brain Injury

A recent Defense Department/University of Pittsburgh study confirms three important points made in prior posts: So called “mild” traumatic brain injury (“mTBI”) can have long-term, disabling consequences (in both...more

Downs Rachlin Martin PLLC

Evidence supports DTI imaging as a reliable biomarker predicting the severity of cognitive decline following concussion

A research report from the University of Texas Medical School, just published in Frontiers in Neurology, finds a correlation between Diffusion Tensor Imaging (DTI) findings and cognitive assessments in patients with chronic...more

Downs Rachlin Martin PLLC

Montreal Study Finds Subtle Long-Term Cognitive Effects of a Single Mild Traumatic Brain Injury

Adding to a growing volume of literature on this topic, Montreal researchers published a study in January, 2021 demonstrating that a single mild traumatic brain injury involving late adulthood patients (ages 50-70) leads to...more

Michigan Auto Law

Auto Insurance Options for Michigan Veterans and Military Families

Michigan Auto Law on

There continues to be considerable and understandable confusion about the effects of Michigan’s new auto No-Fault insurance law, which the Legislature passed in June 2019. No area of the new law has created more confusion...more

Downs Rachlin Martin PLLC

Damage to the Brain’s Lymphatic System May Explain Why Some Patients Suffer More Serious Consequences from TBI

Studies over the last several years have shown that the lymphatic system serving the brain, located in the membranes covering the brain (the “meninges”) plays an important role in brain injury recovery. ...more

Downs Rachlin Martin PLLC

Study Shows Consistent Evidence of Axonal Injury Following A Single TBI For Years After Injury

American Academy of Neurology publishes an important study showing consistent evidence of axonal injury following a single TBI for years after injury using multiple measures, including a blood biomarker, MRI/DTI and...more

Downs Rachlin Martin PLLC

Neck Injury as Potential Contributor to Concussion Symptoms

In 2015, Dr. John Leddy and his groundbreaking concussion team at the University of Buffalo published a peer reviewed article cautioning that symptoms after head injury, including cognitive symptoms, that have traditionally...more

Downs Rachlin Martin PLLC

Neuroendocrine issues, often overlooked following TBI, leave patients with unnecessary chronic symptoms

In prior posts I have discussed the growing evidence that traumatic brain injuries, even so-called “mild” traumatic brain injuries (mTBI), can lead to neuroendocrine dysfunction (NED) – most commonly growth hormone (GH)...more

Downs Rachlin Martin PLLC

Improving sleep with morning exposure to blue light leads to quicker recovery from uncomplicated mTBI

I have discussed research on the important role of sleep in TBI recovery in prior posts. Accordingly, I have encouraged clients to get help with sleep issues as soon as they become apparent after an injury. Studies have shown...more

Searcy Denney Scarola Barnhart & Shipley

Shouldn’t Protecting Our Soldiers Be an Absolute? 3M Apparently Thought Giving Second Rate Hearing Protection Was Enough — It...

Honor and Protect Our Soldiers - Tales of corporate wrongdoing have pervaded society for decades. Take the Takata airbag scandal, in which a Japanese manufacturer of the automobile-safety device churned out tens of...more

Searcy Denney Scarola Barnhart & Shipley

3M Combat Arms™ Earplugs: Lawsuits Filed By Individual Service Members May Be Headed for Consolidation

On March 28, 2019, the United States Judicial Panel on Multidistrict Litigation will hear arguments from attorneys representing individual service members across the country and attorneys from 3M Company regarding whether...more

Butler Weihmuller Katz Craig LLP

Safeguarding Every Veteran's Benefits: Lessons From Bruce V. Mcdonald, 2017 WL 57172

On January 5, 2017, the United States Court of Appeals for Veterans Claims rejected the assertion by the Veteran’s Administration (VA) and the Board of Veterans Appeals (the Board) that a service member who requested a...more

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