POST TRAUMATIC STRESS DISORDER ON TRIAL
This month marks the one year anniversary of Jeffrey J. Kroll's monthly column "Balancing Life and the Law," in the Chicago Daily Law Bulletin. Last April, Jeffrey kicked off the series with a look into issues that arise when proving psychological damages at trial. The article highlighted a difficult Post Traumatic Stress Disorder (PTSD) case that Jeff and his associate, Heather, took to trial last year. Their client, a victim of the July 11, 2006 CTA subway train derailment, suffered PTSD after the incident. Jeff and Heather obtained a verdict of $135,000 for their client. The verdict was featured in the "2010-2011 Illinois Jury Verdicts" magazine published by the Law Bulletin Publishing Company.
Here is an excerpt from the article:
[S]cientific research suggests that "moments of overwhelming terror can alter brain chemistry for decades." Katy Butler, Psychotherapy Networker, "The Biology of Fear" (July/Aug 1996).
Recent technological advances in the study of the human brain have contributed to the treatment of PTSD victims. A new approach, called "brain-based therapy," combines "neuroscience, developmental psychology, psychotherapy research, and complexity theory." John Arden and Lloyd Linford, Psychotherapy Networker, "The Rise and Fall of PaxMedica" (Jan/Feb 2010). In short, therapists are now treating victims of PTSD by blending new information about brain development with talk therapy.
Thus, when trying a PTSD case, it is critical to have an independent psychologist and a treating therapist testifying at trial. The experts as well as the plaintiff must explain to the jury how the development of the therapeutic relationship led to the diagnosis of PTSD and how it assists the plaintiff in coping with the disorder.
Since it is possible to suffer from PTSD for a lifetime, the costs associated with maintaining such therapeutic relationships must be explored and presented to the jury.
Jeffrey J. Kroll, Dealing with post-traumatic stress disorder, April 20, 2010.
Several years back, Jeff obtained a $2.58 million verdict in a case involving two women who were involved in a car accident on the Kennedy Expressway in Chicago. As a result of the serious collision, one of the women died and the other woman suffered from significant post-traumatic stress.
