What Are Symptoms Of A Concussion Or Brain Injury?

I often tell clients that they need to be on the lookout for brain injuries.   For some head injuries, the problems are obvious.  But in many cases, the problems are much more subtle.  As a result, many concussions or brain injuries go undiagnosed because a doctor doesn’t know you well and doesn’t see the symptoms.  Because of this, it’s important for you or your spouse or other family members to look for symptoms so you can convey that information to doctors.

Working on a case, I stumbled across this symptom chart from the Centers for Disease Controls that will help you identify potential brain injuries.  Hopefully, this will help you recognize problems so you can get the treatment and care you need.

Symptoms of concussion

Head Injuries and Concussions — From Players’ Perspective

If you know me, you know I’m a huge University of Texas sports fan.  Because of that, I’m a huge fan of the Longhorn Network.  Usually, the stories just relate to my sports passion, but in light of David Ash’s retirement from football due to his repeated concussions, the LHN ran a great piece that talked with three former UT players about their battles with concussions.

Watching it, one thing that stood out to me was something that we see in our practice (and which the science backs up), and that is, once you have had a concussion (or multiple concussions), it takes a smaller impact to re-injure the brain.  Additionally, with a history of concussions, the symptoms appear to get worse.

If you have any interest in head injuries, concussions or sports, I highly recommend the story below.

Leading Causes of Traumatic Brain Injury

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We represent a number of clients who have brain injuries, and I received this infographic the other day describing the causes of traumatic brain injuries.  I thought it was brilliant, and I wanted to share it here.

 

VA Misses Mark In Brain Injury Research

Over the years, I’ve had the pleasure of helping a number of clients who have suffered from brain injuries.  And as I’ve written before, I hoped that one small benefit of the wars in Iraq and Afghanistan was that the Veterans Administration and others would use the opportunity to conduct meaningful research on brain injuries that could help both our military and the rest of society.

Unfortunately, I might have had my hopes too high.  Over the weekend, the Austin American Statesman ran a wonderful project by Jeremy Schwartz that outlined many of the problems facing researchers who tried to launch an expensive brain injury research program in Waco.

If you’re interested at all in brain injuries and brain injury research, I urge you to spend some time with the resources at the project.

Even if you’re not particularly interested in brain injuries, I think the project is still a good example of what journalism could be.  In addition to his written articles, which also appeared in the paper, the project includes video stories and links to the actual documents used to substantiate the article.  It is extremely well done.

NCAA Settles Its Own Concussion Lawsuit

I’ve written often about the lawsuits between the NFL and former professional football players regarding their concussions.  Now, the NCAA is settling (or at least trying to settle) its own lawsuit about sports-related concussions.

Under the proposed class action settlement, the NCAA will fund a $70 million pool of money to pay for former college athletes to undergo testing to determine whether they have brain injuries.  The settlement will also have the NCAA set mandated “return to play” policy that all schools must follow instead of letting each school have its own policy.  This would obviously help protect athletes in the future.

The settlement does not pay the athletes any damages for their concussions.  Instead, the athletes would still have to sue their former schools or other parties to recover those damages.  The test results that the NCAA is funding might be able to play a part in the eventual lawsuits.

This settlement is a long way from being final.  It has to be approved by a judge and there are a number of people who intend to object to the settlement on various grounds.  We’ll try to keep you posted because I think these type of developments are crucial to bringing public light to head injuries and they also help lead to better protocol for all levels of sports, not just colleges.

 

Here’s an ESPN news story about the settlement.

Head Injuries: New Settlement In NFL Concussion Lawsuit

helmet smallYou may recall that the previous settlement agreement between the National Football League and a class of former players was scrapped by the judge, who was concerned that there wouldn’t be enough funds to fully compensate the injured players who sustained head injuries.

Yesterday, the parties entered into a new settlement agreement.  Unlike the last settlement, this settlement isn’t capped at any specific amount.  This ensures that any former player who develops a qualifying neurocognitive condition will be compensated for the injury.

This is an interesting way forward.  Obviously, we represent a number of clients who have sustained head injuries, so I know the ways that these types of injuries can affect someone.  But I’ve also done some work on class actions, and it’s highly unusual to craft a settlement that doesn’t have a cap on the damages.  It will be interesting to see how the case proceeds and whether the ultimate amount paid out will surpass the $765 million that was being set aside in the prior agreement.

The Vulnerably Housed and Homeless Suffer Increased Risk of TBI

Typically, traumatic brain injury (TBI) coverage focuses on those involved in contact sports and on military veterans. However, TBI also seriously affects vulnerably housed individuals and the homeless.

The Journal of Head Trauma Rehabilitation recently featured a study arguing that the homeless who suffer TBI have a strong, negative impact on public expenses. Homeless and unsafely housed individuals who have suffered damaging blows to the head are more likely to frequent ER departments for health care, to fall victim to assaults, to have done jail time and to have been arrested.

The Canadian article argued that traumatic brain injuries, such as concussions, are approximately seven times more common among the homeless. TBIs may manifest themselves in mental health issues, in alcohol or drug abuse and in physical symptoms, including seizures.

The study stretched over four years, and 61 percent of its participants reported having sustained a TBI in survey. The figures were roughly consistent across Canada. Homeless individuals with a history of TBI were 1.5 times more likely to attend an ER due to the long-term side effects of their brain injury.

These individuals were also almost twice as likely to have spent time in jail or to have been arrested by police within the previous year — usually as a result of personality disturbances or impaired mental abilities as a result of a TBI. The homeless with brain injuries were almost three times more likely to be assaulted than other, similarly situated individuals.

Increased screening and condition-management assistance could help control the higher level of health care required for homeless TBI victims. Unfortunately, prospects for this kind of action remain weak in the face of more dominant health care priorities.

Posted on: May 30, 2014 | Tagged

Brain Injuries: Invisible Injury

CBS Boston ran a story about one of the Boston Marathon survivors.  Titled “Marathon Bombing Survivor Struggles With ‘Invisible Injury’,” it describes what many of our brain injured clients have to deal with.  If you or a loved one has suffered from a concussion or other brain injury, it’s worth a watch:

 

Head Injuries, Concussions and ImPACT

The human brainI’ve had the pleasure of helping those who have suffered from head injuries for almost twenty years now.

But my perspective on these things changed about six weeks ago.  At that time, my son was playing baseball, fell and hit his head, and he sustained a concussion.

Naturally, because of my experience in head injury cases, I panicked and feared the worst.

Once we took him to the hospital and had him undergo a CT scan to rule out a hidden brain bleed, my fears were reduced.  At that time, he had some headaches, a little bit of dizziness when standing up, and a little bit of nausea.  I knew from my experience that, once the brain bleed was ruled out, he’d likely be fine with a little (or a lot) of rest and time as long as he didn’t sustain a second concussion before his brain healed (second-impact syndrome – problems caused when a person has a second concussion before being healed from an initial concussion – can be catastrophic).

But then, we were faced with the harder question, “How do we know when he’s better?  When is it okay to let him start participating in activities again?  He looks fine, he isn’t having symptoms, but how do we know his brain is actually healed?”

Going through his treatment, we learned about ImPACT testing.  ImPACT (Immediate Post-Concussion Assessment and Cognitive Testing) is a widely-used and scientifically validated computerized concussion evaluation system.  This test measures cognitive abilities and  cognitive processing of participants.  When people take the test after a concussion, it can help medical providers make a determination of when the injured brain is healed.

But the key is having a baseline —- knowing what your cognitive abilities and processing are BEFORE you sustain a concussion.  That way, doctors know whether you’re scoring as well as you did before you had the brain injury.

In our case, we didn’t know about the test before my son’s accident, and we didn’t have a baseline.  My son’s medical providers were able to take his test scores and compare them to averages, but they weren’t able to definitively tell us if his brain was able to think and process as well as it did before the concussion.

But that’s a problem.  And it’s why the NFL, MLB, NHL, NASCAR and many universities and school districts require their athletes to have a baseline ImPACT test and score before the athletes are allowed to participate in those sports.

Having gone through this, I think more parents need to know about it.  If you or your child participate in sports, dance, cheer or other athletic activities, I urge you to have your child take the baseline test sooner rather than later.  The baseline test is relatively inexpensive.  I know that the specialist who treated my son offer the pre-concussion testing for $20.  This testing cane be done online, at home.  This is a small price to pay to help protect your kids.

If you want to learn more or find someone in your area who can administer a baseline test,  visit the ImPACT website at  www.impacttest.com.

Serious Personal Injury May Happen While Texting And Walking

No doubt you have seen the video of the woman texting and falling into a fountain at a shopping mall. While the video was funny and no one was serioiusly hurt, the ramifications for texting and walking have the potential to be fatal.

It used to be that everyone got to where they were going by just walking there. If they had anything to say to the person when they arrived, that was when the conversation took place. Cell phones had not yet been invented, and no one seemed to miss being out of touch with others. It was just the way life was back then. Now, with the advent of cell phones that do just about everything, staying in touch is not only easy, it may also kill.

Many people do not see the harm in texting while walking. After all, they are safe on the sidewalk, mall or wherever they happen to be headed. But, are they? Consider the case of the young teen who was texting her boyfriend about their planned date, when she walked out between two parked cars, right into the path of an 18-wheeler. The cell phone survived the impact. The young girl did not. Was her life worth texting dangerously?

What about the case of the young man who was walking down the stairs at work and texting his buddy about their weekend plans? Because he was not paying attention to where he was walking, he missed the last two steps, fell hard and hit his head on a cement floor. His cell phone survived the impact. He sustained traumatic brain injury. Was his forever altered life worth texting dangerously?

If you do not think texting and walking is a big deal, because maybe, nothing has ever happened to you, consider the emergency room statistics across the U.S. that show over 1,000 pedestrians have needed emergency medical care because of texting and walking accidents. Each year, the numbers go up, not down. While texting and walking is not a smart thing to do, texting and driving is markedly worse, as you can kill someone else by negligently not paying attention to the road. Be smart and above all, be safe.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Perlmutter & Schuelke, LLP maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke

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