Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Traumatic Brain Injury

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young hockey playersExtremity injuries and traumatic brain injuries are common in youth hockey according to a Mayo Clinic Study. Most injuries result from intentional contact according to the same study. Over the years, USA Hockey, the regulating body for youth hockey has taken different measures to make the game safer. Body checks which are causing the most dramatic injuries are now forbidden for players under 14 years old. Penalties have also been increased for contact with another player’s head. However if the rules are not enforced injuries will continue to happen.

It is the share responsibility of the coaches, the referees and the parents to make sure that the game is safe for the kids.

Coaches are responsible to develop good sportsmanship among players instead of a culture of intimidation.  A good coach will focus on developing skills and respect for opponents.

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child in strollerEvery year, thousands of infants and toddlers are diagnosed with traumatic brain injury or concussion after a stroller or carrier accident. A recent study by Erica Fowler, MPH, Christopher Kobe, MD, Kristin J. Roberts, MS, MPH, Christy L. Collins, PhD, Lara B. McKenzie, PhD, MA at the Center for Injury Research and Policy, The Research Institute at Nationwide Children’s Hospital, Columbus, Ohio analyzed strollers and carriers injuries from 1990 to 2010. The study was published in Academic Pediatrics.

The researchers found that over a period of 20 years, 360,937 children below 5 years old checked into the emergency room for an injury associated with a stroller or a carrier. The annual average of injuries was 17,187. However this average number didn’t mean much as the number of injuries significantly decreased over the years.

Most of the time, the injury was caused by a fall or a tip-over of the stroller or carrier.

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central park bikingA bicyclist suffered serious head injury in an accident in Central Park, New York City. The bicyclist was riding his bike in Central Park when, according to the police, a pedestrian stepped into the crosswalk in front of him.  The bicyclist squeezed his brakes hard and swerved to avoid the pedestrian. He flew over the front of the bike and landed on his head, on the pavement, 25 to 30 feet away from the bike. He wasn’t wearing a helmet. He was transported to the hospital in critical condition. He suffered serious body and head trauma. The police didn’t tell the NY Daily News if the pedestrian had the green light but the investigation is ongoing.

Last year in a similar scenario, a bicyclist killed a pedestrian in Central Park. The pedestrian was also in the crosswalk when the accident happened. According to witnesses, the bicyclist who was riding well over the maximum speed of 25 mph swerved to avoid other pedestrians before fatally striking 59 year old Jill Tarlov, a CBS senior VP. After the accident the minimum biking speed in the park was lowered to 20 mph instead of 25 mph.

Yesterday another bicyclist died from injuries sustained in a bicycle accident in Central Park. According to Patch.com, the victim fell of her bike a month ago. 54 year old Gloria Garcia was visiting New York from Texas. She sustained a head injury and had been hospitalized since the accident which occurred on July 17th.

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printing houseA construction worker died after a scaffolding plank fell on his head at a New York construction site. 32 year old Luis Mata, was dismantling scaffolding at the Printing House Luxury Condos on Hudson Street when one of the planks became loose and fell 10 stories on his head. The construction worker was wearing a hard hat but the impact was so strong that he suffered severe head and neck injuries. He later died from his injuries at the hospital. Luis Mata was a non union worker from Mexico. He was living with his uncle in Westchester County. He was supporting his mom in Mexico.

Unfortunately we are seeing an increasing number of construction site accidents on non union jobs, as a result of contractors not implementing proper safety measures.

Following the accident, the NYC Department of Building issued a partial stop work order on the building. DOB records for the building located at 421 Hudson Street show that at the time of the fatal accident, the building had 6 open ECB violations including two class 2 and two class 1 violations  as well as 8 DOB violations.

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Flag footballAn increased number of parents have been worrying about their kids getting injured in contact sports after seeing the movie “Concussion” (see our previous blog). In a recent article Kristy Arbogast, Co-Scientific Director and Director of Engineering for the Center for Injury Research and Prevention at The Children’s Hospital of Philadelphia and a Research Associate Professor of Pediatrics at the University of Pennsylvania says many parents have asked questions about chronic traumatic encephalopathy (CTE). Parents want to know if kids who play contact sports are at risk to  develop CTE in the future. Kristy Arbohast who is a brain injury specialist, says that so far unfortunately there is no answer to this question. Some kids who played contact sports at high level (collegiate football or rugby) have developed symptoms of CTE but scientists still don’t know what predisposes a person to CTE.

Kristy Arbohast recommends that parents whose kids are interested in being involved in a contact sports make sure they are are proprely managed and coached. Parents should check that their child is playing in a league that requires coaches to be trained to recognize concussion signs. The coach should not only be trained in recognizing concussion signs but also have to respect the time that is needed to recover from a concussion. Recent research has shown that the best way to recover from a concussion is rest and then a progressive return to learning and playing activities.  Additionally parents should advocate for changes in rules to promote safety. Some rules can be changed so children are protected from injuries but still learn the skills for a specific sport. Flag football is a good example of how a child can still develop football skills while limiting personal injuries related to tackling players to the ground. Rules in hockey which prohibit body checking for youngsters have also help in reducing the number of head injuries in youth hockey.

The complete article can be read here

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will smithNFL players who suffer repetitive traumatic brain injury during their career have a high risk to develop Chronic Traumatic Encephalopathy (CTE).  CTE  is a progressive degenerative disease. Individuals affected by CTE often show symptoms of dementia such as loss of memory, confusion, depression and aggression.

Dr. Bennet Omalu, now the chief medical examiner, San Joaquin County in California, was one of the first doctors to detect CTE in NFL player’s brains.  Thirteen years ago as he was working at the Allegheny County Coroner’s Office in Pittsburgh he autopsied Mike Webster, a Hall of Fame center for the Steelers. Webster became so mentally ill that he ended up living in his pick up truck. During a dementia crisis, he pulled out his teeth and glued them back with superglue. He also shocked himself with a taser on a regular basis.

malu found that Webster’s brain was riddled with dark tangles of tau protein, which he explained had choked Webster from the inside out. He identified the condition as CTE and attribuDuring the autopsy, Dr Oted it to the estimated 70,000 hits to the head that Webster endured during his career. Dr Omalu then examined other players such as Terry Long, Justin Strezelczyk and Andre Waters and found they were afflicted by the same condition. When he showed the results of his research to the NFL they  publicly ridiculed him and intimidated him calling him a quack.

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cme-concussion-2015-std-canonicalEvery day students from elementary school to college are sustaining concussions during sport or playground activities.  A concussion is a type of traumatic brain injury that can affect the student’s cognitive, physical emotional and sleep functions.  Recent research has shown that knowledge of a concussion’s potential effects on a student and appropriate management of the return-to-school process is critical for helping students recover from a concussion.  Clinicians and school personnel who are  are involved in the management of care for students with concussion can attend a one day conference on this subject organized on May 9th by the Children Hospital of Philadelphia. Click here for more info and to register. For detailed information on Traumatic Brain Injury see the CDC related web page.

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cruise%20medical.jpgIn 2011, the family of 82 year old Pasqualre Vaglio from New York sued a cruise line for medical malpractice after the medical staff on board failed to diagnose a brain injury that would lead to the death of the man a few days later. Medical malpractice lawsuits against cruises have been for a long time impossible to win as cruise lines would use various exemptions created by previous court decisions. One of these exemptions known as “Barbetta” held in 1988 that passengers should not expect the same type of medical care on a ship as on land and ships’ doctors and nurses were private contractors beyond the cruise lines’ direct control. In the recent Vaglio case, a three-judge panel of the 11th U.S. Circuit Court of Appeals – which has jurisdiction over the major Florida-based cruise lines – recently held Barbetta is outdated law. The judges said that the doctors and nurses on the cruise line were wearing the cruise uniforms and were held out as ship employees in the promotional material of the cruise line. They also opined that cruise lines these days have sophisticated ICUs and laboratories. They can video conference with medical experts if necessary.

Read more in the New York Times

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Recent research has demonstrated that concussions and head injuries in young athletes are even more dangerous than previously thought. Today between 1pm and 2 pm EST, a panel of researchers, athletes, doctors and public advocates will participate in a Twitter Chat on sports-related head injuries in children, tweeting under the handle @safetymd. The chat is hosted by Childress Institute for Pediatric Trauma (@injuredkids) in partnership with Richard Childress Racing. Anybody is welcome to join and share their #HelmetSelfie.

Children%20Head%20Injury.jpg

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Citi%20Bike.jpg73 year old Ronald Corvin is suing Citi Bike for the traumatic brain injury he suffered after a bicycle accident during which he fell from one of the Citi Bikes he was riding. The Citi Bike lawyer is arguing that the man should have worn an helmet. However Citi Bike stations in New York do not provide the option to rent helmets at their docking station. This option exists in Canada and in Australia where Alta, the Citi Bike operator, has installed helmet rental kiosks for their clients. Read more in the NY Daily News

It will be interesting to follow the evolution of this case as the Citi Bike program doesn’t have any insurance on their bikes. The cyclists using the share program are responsible for the damages incurred while they are using the bike. (read more here)

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