Articles Posted in Traumatic Brain Injury Lawyers

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What can you sue for in a personal injury case?”

A Texas mother and her two sons who were injured when a Sanderson Farms employee slammed into the back of their car almost three years ago just settled their lawsuit with the poultry processing giant for $27.5 million.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

 

The latest serious head injury to a world-class football player has raised concerns over the safety of the sport and how it deals with concussions. This time it is not America’s version of football that is grabbing headlines.

Soccer stretch Mecklenburg County Injury Lawyer Charlotte North Carolina Wrongful Death AttorneyThe concussion was not suffered on an NFL training camp field—the Buffalo Bills kick off training camp July 18, and most NFL teams don’t start until the following week. Instead, German midfielder Christoph Kramer collided with Argentine defender Ezequiel Garay during Sunday’s World Cup Finale. Kramer suffered a vicious knock in the face; he kept playing for 14-miuntes before being substituted. After the match, he said he remembered little of Germany’s 1-0 victory over Argentina.

The Argentine team started at least two players in the World Cup finale who had suffered hard knocks to the head in a semifinal match against the Netherlands. Michael D’Hooghe, chairman of FIFA’s medical committee, said he was dismayed at watching Uruguayan player Alvaro Pereira resume playing after being knocked unconscious in an earlier game. FIFA is the organization that runs the World Cup.

Americans aren’t as familiar with un-American football—also known as soccer—as the rest of the world, but they are familiar with sports-related concussions and their effects. Few Americans could have missed the amount of media attention devoted to football-related concussions in recent years. Democrat Representative Linda T. Sanchez of California told NFL commissioner Roger Goodell the NFL was like “the tobacco companies pre-’90s when they kept saying, ‘Oh, there’s no link between smoking and damage to your health’” at a 2009 Congressional hearing. That wasn’t the first—nor was it the only—Congressional tongue-whipping the NFL received on the subject.

Some researchers have called for a ban on American football. Others have asked leagues ranging from the NFL to local little-league football chapters to take steps to minimize the risk of head injuries. Even the White House got in on the action, holding a “Healthy Kids and Safe Sports” concussion summit this past May.

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Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

 

Many people have heard of the serious damage that can occur as a result of traumatic brain injuries. These days most of the press is given to soldiers or professional athletes who sustain powerful blows to the head on a regular basis. While it’s true that these groups are disproportionately affected by traumatic brain injuries, it’s also true that ordinary people can be harmed just as easily. Just this past week, a 12-year-old boy in North Carolina died after he sustained a severe blow to the head, illustrating how dangerous and serious head injuries can be.

 

Baseball Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyPolice say that the 12-year-old Wilmington boy died after he was hit by a baseball during practice. The incident occurred at a local middle school and was part of after-school athletic practice. According to witnesses, the boy was hit in the head by a line drive ball at the Roland-Grise Middle School.

 

After the accident, the boy was rushed to a nearby hospital where he received treatment. Sadly, it was too late and the boy died later that night. Officials with the school district have offered their condolences while family and friends are stunned at the sudden death of an athletic and healthy young boy.

 

Though it may seem difficult to believe, baseball is actually the deadliest sport for children between the ages of five and 14. The Consumer Product Safety Commission estimates that four children die every year from injuries they sustained playing or practicing baseball.

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Personal Injury Lawyers and Attorneys in Charlotte Mecklenburg County NC.jpgDespite reports that NASCAR driver Dale Earnhardt Jr. suffered a serious concussion last year, the organization has said it will not require that cognitive testing be done for drivers in 2013. However, the group did not rule out baseline cognitive tests for 2014 as it said it would continue to evaluate its procedures.

The famous driver suffered a concussion after a crash that took place at the end of August last year at the Kansas Speedway. Earnhardt suffered from some concussion symptoms after the crash but it has been revealed that he never had any follow-up exams. Perhaps worst of all, Earnhardt immediately returned to the regularly scheduled season and continued racing despite the brain trauma. He was then injured again and suffered a second concussion in a wreck that took place during the final lap of an early October race at Talladega Superspeedway.

This risk of re-injury is what can compound the effects of a concussion and lead to severe problems down the road. The doctors were sufficiently concerned after his second concussion and ordered him to sit out of races over the next two weeks. NASCAR officials claim they never knew about either concussion until Earnhardt revealed them after his second injury.

An official with NASCAR says the organization is still gathering information about concussions and is not yet prepared to release a policy regarding any new procedures. Rather than require baseline testing now, NASCAR intends to start by educating drivers about the dangers of brain injuries. Whether this will be enough to prevent other drivers from suffering the same injuries that have occurred in those who play professional football remains to be seen.

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Personal Injury Lawyers in Charlotte, North Carolina.jpgIt sounds like it’s been a week of bad news for the maker of the birth control drugs Yasmin and Yaz as Bayer AG announced in its most recent financial report that it had agreed to pay a combined $750 million thus far to settle thousands of claims regarding its birth control drugs causing blood clots.

Adding insult to injury, a new study has found increased risk of blood clots with the use of birth control pills such as Yaz and Yasmin. According to the most recent study published in the journal Contraception, women who take oral contraceptives containing the synthetic hormone drospirenone are more likely to suffer from potentially fatal blood-clotting complications compared to those who were taking another type birth control.

Researchers at the Kaiser Permanente Northern California Division of Research gathered data on 573,680 women between the ages of 10 and 55 between 2001 and 2007. The study looked at women who were new users of combined hormonal contraceptives (CHCs), and compared the rate of blood clot related events among women who did or did not take contraceptives containing drospirenone. Overall, the study found that women who took birth control pills containing drospirenone were 77% more likely to experience blood clot related conditions such as deep vein thrombosis and pulmonary embolism.

Deep vein thrombosis is when a blood clot becomes lodged in the veins of the leg; this can lead to a pulmonary embolism when part of the clot breaks away and travels to blood vessels in the lungs. The study also found that women who take birth control pills containing drospirenone had double the risk of suffering a blockage in their arteries.

According to the Wall Street Journal, the latest financial report from Bayer indicates the company has put aside an additional $262.5 million to settle Yaz and Yasmin lawsuits over blood clots. This follows a Bloomberg report over the summer that found that Bayer had reserved $610 million to settle cases, leading to an average of nearly $212,000 per case.

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Trucking Accident Lawyers in Charlotte, NC.jpgA new study has found evidence that commercial drivers might lie about sleep apnea problems because they are fearful of losing their job.

Sleep apnea is a condition that causes a person’s breathing to be interrupted while they sleep. As a result, they frequently do not get a full, restful night’s sleep, which can lead to a variety of severe consequences. People with sleep apnea may experience headaches and drowsiness when they are awake and can even suffer from depression due to constant sleep deprivation.

For people whose jobs require them to be on the road frequently, sleep apnea can be a major problem, potentially impacting their ability to earn a living. A driver suffering from sleep apnea is at risk of causing an accident and injuring or killing innocent North Carolina drivers. Given this risk, commercial drivers, such as bus drivers, taxi drivers and truck drivers, can lose their job if it is believed that sleep apnea affects their performance.

The new study, done by researchers at University Hospital in Switzerland, looked at sleep apnea sufferers in two groups. They focused on 37 commercial drivers and 74 people who did not drive as part of their job. The study found that the commercial drivers rated their level of sleepiness during the day several points lower than the non-commercial drivers. In other words, the commercial drivers indicated they were not as tired as the non-drivers.

Even more worryingly, the study discovered that commercial drivers were less likely to receive treatment for their condition. Rather than seek regular care, the drivers were more likely to make spontaneous trips to sleep clinics. Researchers believe this could mean the commercial drivers did not have proper control over their symptoms and were suffering more than they claimed.

Researchers hypothesized that the commercial drivers were downplaying their symptoms out of fear of losing their jobs. Because they had more unexpected visits to sleep clinics than the non-commercial drivers, researchers concluded that the drivers were struggling more with their symptoms than other people suffering from sleep apnea.

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Personal Injury Lawyers in Iredell County, North Carolina.jpgHead injuries are not something to take lightly. The Centers for Disease Control estimates that 1.7 million people in the country sustain a traumatic brain injury every year, and these injuries contribute to a third of all injury-related deaths in the United States.

Children, especially those between the ages of 0 and 4 and the ages of 15 and 19, are the most likely to sustain these injuries, which is why education about the dangers of head injuries is so important. Because of the long-term effects that head injuries can have, parents should learn all they can about this common childhood injury.

In children, head injuries often occur while they are playing. Falls on the sports field, tumbles while riding a bike and trips while climbing outdoors are all common causes. For this reason, children should wear protective helmets whenever possible. Parents need to make sure that helmets are being used when their children participate in rough sports events or when riding wheeled toys, such as bikes, scooters and roller skates. Head injuries also frequently occur as a result of car accidents, especially when children are not properly restrained. Proper use of child safety seats can help protect children against serious brain injury in a car accident.

Though head injuries affect all children, a recent Reuters article mentioned the findings of a study published in the Archives of Pediatrics & Adolescent Medicine which shows the treatment for such injuries may not be uniform across the different races. Researchers looked at brain injuries and treatment of children and discovered differences based on the race of the injured child.

According to the research, white children get CT scans more often following minor head injuries than the children of the other races. The study found that 42% of white children brought in for minor head trauma got CT scans while only 28% of black and Hispanic children brought in for minor head trauma received such scans.

Some may think this means that hospitals are giving better treatment to white children, but the results indicate that unnecessary CT scans can actually be dangerous to the children receiving them. In this case, more treatment is not better treatment and can actually lead to medical mistakes and dangerous radiation risks.

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