Compensation
March 11, 2021
Studies in several countries, including Denmark, have found that between 10 and 30% of patients diagnosed with Concussion suffer from long-term symptoms. These long term consequences were recognized by the American Academy of Neurology in an important study published in July, 2020 and featured in this blog (“a single mild to moderate TBI may cause long-term neuroaxonal degeneration and astrogliosis/ activation.”)
Having recognized the potential for serious long-term consequences, researchers have begun to assess the economic impact of concussion. A Danish study recently published in BMJ Open concluded that concussions have a large and long-lasting impact on the salary and employment of working class adults on a national scale. Read More
January 18, 2017
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 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
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
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.”
Read More
July 16, 2013
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
May 10, 2013
When you or a close family member suffers a traumatic brain injury, your first priority is to obtain the best medical care. But once the injury is stabilized you’ll need to find the funds to pay for not only initial treatment but also for future treatment, recovery and rehabilitation. Read More
