Chicago Accident and Injury Lawyer Blog

Due to serious concerns regarding truck driver fatigue leading to unnecessary truck and car crashes as well as serious injuries and death, the Federal Motor Carrier Safety Administration (FMCSA) recently conducted research into the issue. The research resulted in FMCSA's newest revision of the hours-of-service (HOS) safety requirements for commercial truck drivers. As Illinois accident injury attorneys, we are pleased that the FMCSA gives this issue serious attention and continually acts to make our roads safer.

Driving while fatigued is one of the most dangerous forms of distracted driving comparable to driving under the influence of drugs and/or alcohol and driving while texting. For years, federal regulations have prohibited commercial truck drivers from driving a commercial vehicle while the driver’s ability or alertness is impaired by fatigue or any other factor which would make it unsafe for the driver to operate the commercial vehicle. See 49 C.F.R. 392.3.

The FMCSA's new HOS rule will limit a commercial truck driver's work week to 70 hours within a seven-day period (down from 82 hours within a seven-day period). Additionally, commercial truck drivers will be restricted from driving after working eight hours without first taking a break of at least 30 minutes. (Drivers may take the required 30-minute break whenever they need rest during the eight-hour window.)

The rule will retain the current 11-hour daily driving limit; however, in a press release, the FMCSA stated it "will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time."

The FMCSA also instituted a new part of the HOS rule called the "34-hour restart" provision, which permits drivers to "restart the clock on their work week by taking at least 34 consecutive hours off duty. It requires truck drivers, who maximize their weekly work hours, to take at least two nights' rest when their 24-hour body clock demands sleep the most - from 1:00 a.m. to 5:00 a.m. The restart provision may be utilized only once during a seven-day period. Companies and drivers that commit "egregious violations" of the rule will face penalties and serious fines. Commercial truck drivers and companies will have until July 1, 2013 to comply with the new rule. For more information see 49 C.F.R. 395.

In September of 2009, Jeffrey J. Kroll addressed The Association of Plaintiff Interstate Trucking Lawyers of American (APITLA) regarding "Deposing the Fatigued Trucker,” in Las Vegas, Nevada. The trucking accident attorneys at the Law Offices of Jeffrey J. Kroll have experience securing monetary damages for victims of trucking accidents and car crashes. Our Chicago personal injury and accident attorneys have won many multimillion-dollar settlements for crash victims, such as a $2.8 million settlement for a 22-year-old female college student from Yorkville, Illinois, who was rear ended by a Jewel Foods truck and killed in central Illinois' Kendall County; a $1.75 million settlement for a 61-year-old man who was rear-ended and killed while stopped at a red light by a vehicle owned by Pepsi Co; and a $15.5 million dollar settlement for a 64-year-old man who was killed and a 62-year-old woman who suffered below-the-knee leg amputation, fractured ribs and several broken leg and arm bones when they were victims of a multi-vehicle pile-up on an interstate involving several commercial trucks who were allegedly driving too fast under adverse conditions.

Continue reading "NEW RULES TO COMBAT TRUCK DRIVER FATIGUE" »

Late last month, the First District Appellate Court decided Caburnay v. Norwegian American Hospital, 2011 Ill. App. LEXIS 1297 (1st Dist. 2011), involving a plaintiff doctor who tripped and fell at Norwegian American Hospital, while waiting for an elevator in the hospital's lobby. The plaintiff doctor struck the back of his neck on a nearby couch when he fell, rendering him a quadriplegic. The plaintiff doctor sued the hospital as well as the elevator repair company, Phoenix Elevator Concepts, who was servicing an adjacent elevator at the time plaintiff was injured. As Illinois spinal cord injury attorneys, we are interested in the outcome of cases like Caburnay because they could potentially affect the outcome in cases of our current and future spinal cord injury clients.

In Caburnay, plaintiff doctor claimed he fell as a result of a negligently placed and secured mat, which was in front of the elevator at the time of the accident. He eventually settled with the elevator repair company; however, the hospital moved for summary judgment and prevailed. Plaintiff doctor appealed.

The First District Appellate Court reversed and remanded the case back to the trial court, finding that the evidence that plaintiff doctor presented regarding tripping on a fold or buckle in the mat in front of the elvator, coupled with testimony from plaintiff doctor's expert and an elevator repair man that the mat was negligently utlilized, created a question of fact that should have resulted in a denial of the hospital's motion for summary judgment.

At his deposition, when plaintiff doctor testified that he

"felt his foot catch in the mat in front of the elevator, he was not describing an emotion, but a sensory perception, in the same way that a blind person would describe something he or she was able to touch but not see. He never testified that it "felt as if" he tripped on a fold or that it "seemed like" his foot caught a buckle in the carpet, but instead unequivocally testified as to his sensory perceptions, describing the tangible, physical sensation of his foot catching on a fold in the mat."

Id. at *16.

Under a general theory of negligence, which plaintiff doctor alleged, he did not need to provide evidence that the hospital had prior notice of the fold in the mat. Instead, plaintiff doctor only needed to prove that the hospital negligently created a dangerous condition on its premise by placing a mat prone to buckling in front of the elevators. To that end, an elevator mechanic testified that the mat in question had in fact repeatedly buckled and "would 'bunch up' and become 'disheveled' as a result of the work being done on the adjacent elevator." Id. at *27. Moreover, plaintiff doctor's expert witness opined "that the mat was unsafe because it was not secured to the floor with tape, despite being prone to buckling. Id. at **27-28. As a result, the First District Appellate Court found that the testimony of plaintiff doctor, the elevator mechanic and plaintiff doctor's expert was sufficient to create an issue of fact as to whether there was a breach of the hospital's duty of care to plaintiff doctor to properly use a safe and secure mat, by placing a mat that was prone to buckling in front of the elevator without securing it, thus causing him to fall.

The Illinois spinal cord injury attorneys at the Law Offices of Jeffrey J. Kroll have experience representing victims who have suffered spinal cord injuries from the negligent conduct of another individual or corporate defendant. Each year, approximately 10,000 to 12,000 people suffer from spinal cord injuries in the United States. Spinal cord injuries can occur in a variety of situations, including, athletic injuries, birth injuries, trucking crashes, work place injuries, playground accidents, car crashes or motorcycle crashes.

Our personal injury attorneys have secured multi-million dollar verdicts and settlements in spinal cord injury matters. For example, in 2005, Jeff Kroll represented a Rolling Meadows High School football player who was rendered a quadriplegic after he was tackled by a teammate and came into contact with an unpadded, 25-foot-high steel post that was located 11' 5" from the sideline of the Rolling Meadows’s football practice field. In 2011, our team of spinal cord injury attorneys also obtained a $5 million settlement for a young man who was injured at a local school pool.

Continue reading "SUMMARY JUDGMENT REVERSED IN CASE WHERE DOCTOR RENDERED QUADRIPLEGIC" »

As Chicago brain injury attorneys, we are interested in learning about new studies charting the path of recovery for brain-injured individuals. A recent article in the New York Times, When injuries to the brain tug at hearts, explores the hardships that brain injuries bring to relationships and marriages. Specifically, the article discusses how couples may rebuild a marriage after one partner suffers a life-changing brain injury.

In the piece, the New York Times reported "[u]ntil recently, there had been little evidence-based research on how to rebuild marriages after such a tragedy. Indeed, doctors frequently warn uninjured spouses that the marriage may well be over, that the personality changes that can result from brain injury may do irreparable harm to the relationship." Now, research has shown that divorce rates are "well below the national average among these couples." However, that does not always mean that their marriages are happy ones; in fact, in most cases, "the quality of the relationship has been seriously diminished."

Doctors treating individuals who suffered traumatic brain injuries are developing new marriage counseling techniques to help these patients and their partners deal with the loss and change to a relationship that often occur following a brain injury. While the New York Times recognizes that the research is still at the beginning stages, some traditional marriage counseling techniques can be helpful when dealing with a couple dealing with a traumatic brain injury, including focusing on better communication, "positive developments and things they like about each other, and to set aside time to inject a little romance and fun into a life that can be consumed by doctors’ appointments and paperwork." Researchers have also found that other traditional therapeutic techniques may not be helpful, such as "encouraging partners to remember what sparked their love in the first place [which] can mean 'highlighting the things that have probably been lost.'"

As Chicago brain injury attorneys, it is our role to understand the sequelae of traumatic brain injuries and assist clients in their recovery. Our brain injury attorneys also seek to maximize monetary recovery to provide long-term care for the brain-injured individual.

Continue reading "DEALING WITH A LOVED ONE'S TRAUMATIC BRAIN INJURY" »

Sunday, January 8, 2012, marked the one-year anniversary of the tragic shooting of Arizona Rep. Gabrielle Giffords at an Arizona supermarket. The gunman killed six and injured many others in the terrifying incident. Rep. Giffords was shot in the head, and her recovery has become a matter of national interest and attention, especially in the area of traumatic brain injuries and recovery. Rep. Giffords and her doctors have revealed that she has been diagnosed with a condition called aphasia, or an inability to talk or write in well-formulated sentences. Many individuals who suffer from traumatic brain injury also suffer from aphasia.

The Chicago brain injury attorneys at the Law Offices of Jeffrey J. Kroll read an interesting interview that Cynthia Thompson of Northwestern University gave to the Chicago Tribune last week, entitled "After injury, brain can keep on healing." Thompson is one of the leading experts in aphasia, which the Tribune reported affects "1 million Americans and by 2020, the numbers are expected to double." Despite this prediction, the Thompson interview revealed some encouraging news. Particularly, her following statement:

"We used to think that patients with a brain injury like Gabby Giffords' did not get better after a certain length of time — that there was a window of time to improve, called spontaneous recovery. But we now know that the brain is an organ of plasticity and it continues to change and improve throughout life."

Thompson works with a team of researchers who study individuals suffering from aphasia at many different levels. She has learned that "the brain can recover and respond even 10 years after the original injury. But too often, medical insurance will pay only for a few weeks or months of speech-language therapy. Once a patient stabilizes, they are likely to be discharged before reaching maximum gains. The insurance hasn't really caught up with the research."

Individuals suffering from traumatic brain injuries, and particularly aphasia, must obtain the appropriate medical care if they are going to recover brain function, speech and language abilities, and improve their overall quality of life. Often, a team of neurologists, neuropsychologists, speech pathologists, occupational therapists and as well as other cognitive rehabilitation specialists must be involved in the individual's care.

As Chicago brain injury attorneys, it is our role to understand the sequelae of traumatic brain injuries and assist clients in their recovery. Our brain injury attorneys also seek to maximize monetary recovery to provide long-term care for the brain-injured individual. Since, the short- and long-term disabilities resulting from a traumatic brain injury depend upon the severity of the injury, many factors will influence the outcome of a lawsuit, including the location of the injury on the brain, the age of the person and the general health of the individual.

Continue reading "TRAUMATIC BRAIN INJURY AND SPEECH RECOVERY" »

The Illinois wrongful death attorneys at the Law Offices of Jeffrey J. Kroll have helped numerous families deal with the untimely death of a family member due to someone else's negligence. Wrongful death lawsuits present numerous issues, one being obtaining the victim's medical records, especially to determine if negligence caused or contributed to the victim's death. In the past, the deceased person's legal representative, usually a family member, was required to open an estate for the victim before being granted access to the medical records of the person that passed away. However, last month, Illinois' Governor Quinn signed a law that may make the process of obtaining a loved one's medical records a bit easier. The bill has been codified as 735 ILCS 5/8-2001.5 (2011). It states, in pertinent part:

"Authorization for release of a deceased patient's records. (a) …When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records may be released upon the written request of:

(1) the deceased person's surviving spouse; or

(2) if there is no surviving spouse, any one or more of the following: (i) an adult son or daughter of the deceased, (ii) a parent of the deceased, or (iii) an adult brother or sister of the deceased.

(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section. *** "

Upon request for records of a deceased patient, the named authorized relative must furnish the medical facility or practitioner with a certified copy of the deceased person's death certificate. The statute provides direction for preparing the Authorized Relative Certification, detailing the specific language that the requesting party should use.

The Illinois wrongful death and injury attorneys at the Law Offices of Jeffrey J. Kroll think that this statute can provide some comfort for the deceased person's family. We applaud the Illinois legislature for simplifying what can be an otherwise cumbersome and time-consuming process. Families dealing with the loss of a loved one, especially when that loss may be attributed to another person's negligence, often suffer greatly.

Continue reading "ILLINOIS WRONGFUL DEATH ATTORNEYS: OBTAINING A DECEDENT'S MEDICAL RECORDS" »

Every month, Chicago personal injury lawyer Jeffrey J. Kroll contributes to the Chicago Daily Law Bulletin in his column Balancing Life and the Law.

In this month's article, "Lawyers should take the reins with future damages", Jeff puts a holiday spin on the discussion of maximize damages for client's future medical expenses, lost earnings, future pain and suffering, disability, disfigurement and loss of consortium damages in a light of the ever-changing American economy and political climate. Here is an excerpt from his article:

My firm represents individuals who have been severely injured as a result of someone else's negligent acts. One of the most difficult tasks we have is ensuring our clients receive full and fair compensation. Before entering into a settlement or suggesting an amount of compensation to a jury, we must determine a sufficient amount of money that will provide for the individual well beyond the date of trial. Often, our clients' lives have been shattered by unnecessary and unexpected injuries. Many can no longer work or care for themselves.

In my humble opinion (with the full disclosure that I am a plaintiff's attorney), the injured party deserves the benefit of the doubt. This isn't just a "holiday, be generous" message. (Although, I am in the spirit this year; Christmas music plays in my office even as I write this article.) Who will care for the injured if their settlement or verdict award does not cover medical and daily living costs well into the future? I have yet to hear of Santa and his elves stuffing stockings with prescription medications, physical therapy, joint replacement surgeries or checks to cover insurance premiums. No one can depend on the future of Medicare and Medicaid either — nor should they have to. The harm perpetrated on the injured will consistently ripple through the individual's family, emotionally and economically. Not only do family members live with the changed — depressed and likely disabled — person, but often they also must care for the victim of negligence. The cynic will say "Well, that's the family's job. They should take care of them." But how fair is that?

The only way to protect the victim and the family, and to provide them with some piece of mind when it comes to future finances, is to maximize damages for future medical expenses, lost earnings, even future pain and suffering, disability, disfigurement and loss of consortium. Speculative damages, you might say. But there is nothing speculative about the ongoing pain and suffering that my clients will endure. Nor is there anything speculative about the medical care that they will require for the rest of their lives.

Then, there is the whole business of future damages discounted to present cash value. All future damages, except for pain and suffering, disfigurement, disability and loss of society and consortium, must be reduced to present cash value. This has become the preferred method of determining future damages. While there is no requirement that the trial attorney present actuarial or statistical evidence to the jury to determine present cash value (Robinson v. Greeley & Hansen, 114 Ill.App.3d 720, 725 (2d Dist.1983)), it certainly can be helpful at times. Of course, mortality tables also help plot the course. But how do we plan for other economic and political changes? Right now, the future of health care in this country is unknown. Regardless of which side of the aisle you prefer, we will all be affected by the changing American medical infrastructure at some point. Medical costs seem to be rising as quickly and as steadily as the cost of college. Life-care planners and economists can help us plan for our clients' futures, but we are ultimately the clients' advocates and must direct the outcome.

Read the entire article.

Continue reading "BALANCING LIFE AND THE LAW" »

The Chicago sports and brain injury attorneys at the Law Offices of Jeffrey J. Kroll have highlighted the concerns of sports-related brain injuries in the blog, Chicago Accident and Injury Lawyer Blog, over the past three years. On the topic, the New York Times recently published a three part article on the life, career and death of pro-Hockey fighting phenomenon Derek Boogaard, who died at the age of 28, in May of 2011. He played for the N.H.L.'s Minnesota Wild and the New York Rangers. After conducting an autopsy on his brain, scientists believe Boogaard suffered from chronic encephalopathy, or C.T.E., "caused by repeated blows to the head," something Boogaard was no stranger to during his playing days. C.T.E. can only be diagnosed after death; however, many believe it manifests itself during life through "symptoms like memory loss, impulsiveness, mood swings and even addiction." Sadly, numerous N.F.L. players have also been diagnosed with C.T.E. posthumously.

Fighting and hockey seem to go hand-in-hand, or should we say fist-in-fist. The degree of fighting permitted in hockey extends far beyond anything that might be deemed acceptable in football, basketball or soccer. The unofficial hockey term for the player that does most of the team's fighting is "the enforcer." Enforcers are praised for their size and aggression, and often not necessarily for their hockey skills. Many enforcers suffer severe injuries on the ice due to fighting. Like football players, hockey players often dismiss black-outs, a sign of concussions, fearing that coaches and managers will prohibit them from playing. This attitude only results in more serious injuries on both a short-term and long-term basis.

What can parents do to protect their young hockey players? Parents should discourage young players from subscribing to the culture of fighting associated with hockey. U.S.A. Ice Hockey mandates the use of helmets, mouth guards and facemasks to reduce incidents of head injury. They recognize that preventing catastrophic injuries depends on the cooperation of coaches, players, and officials. Any child suspected of a head injury should be evaluated by a qualified professional immediately.

As Chicago sports injury attorneys, we recognize the importance of keeping our children safe and minimizing the risk of catastrophic injury while playing sports. Sports-related accidents resulting in personal injury occur on a daily basis at schools, gyms and training facilities. Many serious sports-related injuries include head and neck injuries, back injuries, paralysis and fractures. Often, there is legitimate reason for those injured while playing sports to take legal action. Athletic facilities should provide safe, functional equipment and can be liable if a patron is injured on their premises. Organizations, teams or individuals can similarly be liable if an athlete is injured on a playing field, court or arena.

Continue reading "CHICAGO SPORTS INJURY ATTORNEYS DISCUSS HOCKEY AND BRAIN INJURIES" »

A group of college athletes have filed a class action lawsuit against the N.C.A.A., claiming that it has negligently failed to promote awareness and treatment of brain injuries to student athletes. The lawsuit was filed in the United States District Court for the Northern District of Illinois. According to the New York Times, the class action lawsuit states: “The NCAA has engaged in a long-established pattern of negligence and inaction with respect to concussions and concussion-related maladies sustained by its student-athletes, all the while profiting immensely from those same student-athletes.”

After seeing numerous lawsuits this year by former N.F.L. players, who claimed that the NFL failed to properly address brain injuries, it seems inevitable that college sports would see a similar outcry. In fact, with researchers continually undertaking new studies in the area of sports-related injuries and head trauma, we know that one of the greatest issues with sports injuries and head trauma is that many athletes have been exposed to trauma to the head and brain since they were kids playing pee-wee sports. The benefit of some of the newer helmets and research is quite new. Unfortunately, many athletes have suffered too many damaging head blows. The Chicago Accident and Injury Lawyer Blog discussed how these damaging blows led to the demise of the great Chicago Bears' Dave Duerson earlier this year.

The New York Times' story highlights one former college football player who went from being an A student, "who could do mathematics in his head without a calculator or writing down the intermediate steps," to having to drop out of school after his grades fell dramatically because of memory problems, migraine headaches, and socialization problems as a result of a concussion he suffered on the football field. Prior to that, he suffered at least five concussion that he could remember; although, like many student athletes he did not think it was a big deal to get his "bell rung" every once in a while during play.

No doubt the brave student athletes, who have filed the class action lawsuit, will have a tough fight against the powerhouse that is the N.C.A.A. The attorneys at the Law Offices of Jeffrey J. Kroll wish them the best.

As sports injury and traumatic brain injury attorneys, and parents of young athletes, we know that many parents are frightened that their children could suffer concussions and brain damage participating in sports. Thankfully, Illinois is one of the 21 states that have established a concussion law protecting student athletes. The law, 105 ILCS 5/10-20.53 (2011), includes an number of requirements, including:

- School boards must work with the Illinois High School Association to develop guidelines to educate coaches, student athletes and parents of the nature and risk of concussions.
- Students and parents must sign a concussion information sheet and return it prior to practice or competition.
- School boards must adopt a policy requiring a student athlete with a suspected concussion or head injury to be removed from the practice or game at that time.
- Student athletes removed from play cannot return until after evaluation and written clearance by a health care provider.

However, even with the help of the new concussion law, the key to preventing concussions and keeping children safe is education. Parents and educators must learn how to direct children to avoid concussion-causing conditions, use preventative equipment, and appreciate the signs of any type of traumatic brain injury -- no matter how insignificant it may appear.

Continue reading "COLLEGE ATHLETES FILE CLASS ACTION SUIT ALLEGING BRAIN INJURIES" »

Medical News Today recently published an interesting article regarding soccer and head injuries entitled Soccer headers can cause brain injury. The article explains that scientists at Albert Einstein College of Medicine at Yeshiva University and Montefiore Medical Center submitted soccer players (or football players to those of you outside of the U.S.) to MRI imaging scanners to determine if "heading" a soccer play can lead to brain injury. "Heading" is commonly known as hitting a soccer ball with the head. As Chicago sports injury and brain injury attorneys -- and parents of young athletes -- we found the study interesting.

The study examined "38 amateur soccer players with an average age of just over 30, who all played the sport regularly since childhood. They were asked to estimate the number of times they headed the ball during the last year." That information was compared to the results of the players MRI brain scans and cognitive functioning. After analyzing all of the information, researchers concluded that "those players that headed the ball frequently showed brain injury not dissimilar to a concussion, known medically as mild traumatic brain injury (TBI)."

Many in the U.S. might be surprised to learn that soccer is by far the most popular sport in the world. Nonetheless, the Medical News Today article reports that 18 million Americans play soccer. In the U.S., we are now becoming more aware of the potential for traumatic brain injury among players of our favorite pastimes, most notably American football.

The main concerns with soccer involve the young age of the players and the vast speeds of soccer balls in play. (Medical News Today states that soccer balls can travel at speeds "upwards of thirty miles per hour during amateur play and more than double that in professional games.") Players may "head" a ball nearly 1500 times a year, which, when broken down, may amount to "a few times a day for a regular player." According to one scientist, "repetitive heading may set off a cascade of responses that can lead to degeneration of brain cells."

As a sport, soccer safety is on Illinois's radar. Recently, Illinois Governor Quinn signed into law "Zach's Law" which "requires all moveable soccer goals made or sold in Illinois to be tip-resistant. A friend of the Law Offices of Jeffrey J. Kroll, Shawn Kasserman of Corboy & Demetrio, helped the Tran family's efforts to get Zach's Law passed in August of 2011. While more information is needed regarding soccer and traumatic brain injuries, it is a good idea for parents to warn young soccer players to avoid unnecessary heading during practices and games. The practice of heading should be discouraged when possible.

Continue reading "CHICAGO SPORTS INJURY ATTORNEYS: SOCCER AND BRAIN INJURIES" »

Gabrielle Giffords, the U.S. Congresswoman who suffered a near-fatal brain injury when a gunman opened fire on her and a group of supporters outside of a Tucson, Arizona, supermarket last January, recently sat down with Diana Sawyer of ABC News. Ms. Giffords suffered a left-side brain injury and has been diagnosed with a condition called aphasia, or an inability to talk or write in well-formulated sentences. Many individuals who suffer from traumatic brain injury also suffer from aphasia.

Left-side brain injuries, like Gabrielle Giffords' brain injury, tend to affect vital functioning, such as vision, language, and the ability to move the right side of the body. As a result, extensive rehabilitation must be endured to retrain the injured brain.

While all brain injuries differ in one form or another, one thing remains constant among all brain injuries: the struggle to regain abilities and resume an enjoyable quality of life. The process may be long and slow with daily struggles ranging from relearning how to speak to relearning how to walk. Many forms of long term rehabilitation must be employed, including physical therapy, speech therapy, occupational therapy and psychological therapy, among others. Cognitive rehabilitation is essential as well. Thanks to Congresswoman Giffords, many are now beginning to appreciate the significance of many forms of rehabilitation for those suffering traumatic brain injuries. (Coincidentally, doctors attribute the success Gifford's recovery to music therapy as well.) Hopefully, insurance companies will cover these services when needed.

According to the Center for Disease Control, each year, approximately 1.7 million people in the U.S. suffer traumatic brain injuries. Roughly 52,000 people die as a result of their injuries and about 275,000 of them are hospitalized. Direct and indirect medical costs -- including lost productivity -- attributed to traumatic brain injury estimated $60 billion in the United States in 2000.

Due to advancements in medical treatment and rehabilitation, the number of Americans living with traumatic brain injuries has increased. The Chicago Accident and Injury Lawyer Blog, which highlights traumatic brain injuries, discussed this very topic just last month in a blog entitled, LIVING WITH TRAUMATIC BRAIN INJURIES. There, we discussed how researchers have found it difficult to pinpoint guidelines for treating traumatic brain injuries due to the fact that the severity of injuries varies widely from person to person.

Continue reading "THE ROAD TO RECOVERY AFTER A TRAUMATIC BRAIN INJURY" »

The chronic pain and traumatic brain injury attorneys at the Law Offices of Jeffrey J. Kroll recently read an interesting article in the Wall Street Journal entitled, Rewiring the Brain to Ease Pain, which explains how brain imagining technologies are helping scientists to learn more about "how the brain processes pain."

Everyone experiences and perceives pain in different way -- hence the phrases "my tolerance for pain is high" or "my tolerance for pain is low." According to the Wall Street Journal's article, many factors come into play, including "heredity, stress, anxiety, fear, depression, previous experience and general health." Motivation to overcome pain is also a factor to consider.

In an effort to better understand where pain comes from, researchers are now studying how the brain reacts to pain in various ways in hopes of developing alternatives to the highly relied-upon and perhaps overly-prescribed pain medications. The article discusses a study at Stanford University's Neuroscience and Pain Lab, where "subjects can watch their own brains react to pain in real-time and learn to control their response—much like building up a muscle." When distracted away from the pain, subjects' brains showed "more activity in the higher-thinking parts of their brains." In the alternative, when focusing on the pain specifically, subjects "had more activity in the deep brain structures that process emotion." These studies are exciting because they show how researchers are beginning to understand the processes of the brain more intricately. Many researchers believe that drug therapy is not the only answer for treating chronic pain.

"Some 116 million American adults—one-third of the population—struggle with chronic pain, and many are inadequately treated, according to a report by the Institute of Medicine in July." Brain "scans show that chronic pain (defined as pain that lasts at least 12 weeks or a long time after the injury has healed) represents a malfunction in the brain's pain processing systems. The pain signals take detours into areas of the brain involved with emotion, attention and perception of danger and can cause gray matter to atrophy." Rewiring the Brain to Ease Pain.

Research discussed in the Wall Street Journal article explores cognitive behavioral therapy, mediation, tai chi, and hypnosis to help focus patients away from thinking about pain and developing a negative outlook. Instead, these techniques and therapies focus on positive behaviors.

Continue reading "WHERE DOES THE PAIN COME FROM?" »

The Illinois school liability attorneys at the Law Offices of Jeffrey J. Kroll were very sad to hear of two recent bullying incidents. In one incident, a 10-year old girl took her own life as a result of bullying that occurred in her Ridge Farm elementary school, near Champaign, in downstate Illinois. Another incident came about when a 17-year old, Northern Indiana high school student suffered traumatic brain injuries in an attack by other students, which occurred as a result of bullying due to his ethnic background. These incidents prove that bullying is not just "kids being kids." Bullying has serious consequences and should not be ignored by teachers or school officials.

Not all parents are aware that their child is the victim of bullying. Children may feel mistreated and misunderstood, but not know how to express these feeling to their parents or other adults. Stopbullying.gov, an official U.S. Government Web site managed by the Department of Health & Human Services in partnership with the Department of Education and the Department of Justice, provides guidance for parents. According to Stopbullying.gov, your child may be the victim of a bully if he or she:

• Comes home with damaged or missing clothing or other belongings
• Reports losing items such as books, electronics, clothing, or jewelry
• Has unexplained injuries
• Complains frequently of headaches, stomachaches, or feeling sick
• Has trouble sleeping or has frequent bad dreams
• Has changes in eating habits
• Hurts themselves
• Are very hungry after school from not eating their lunch
• Runs away from home
• Loses interest in visiting or talking with friends
• Is afraid of going to school or other activities with peers
• Loses interest in school work or begins to do poorly in school
• Appears sad, moody, angry, anxious or depressed when they come home
• Talks about suicide
• Feels helpless
• Often feels like they are not good enough
• Blames themselves for their problems
• Suddenly has fewer friends
• Avoids certain places
• Acts differently than usual

There is also a good book on the market, When Your Child is Being Bullied: Real Solutions for Parents, Educators, and other Professionals, by M.K. Newman and J.E. DiMarco. Through the book and their website, solutionsforbullying.com, the authors explore individualized solutions to combat bullying.

Students who are bullied, hazed or otherwise injured while on -- and sometimes off of -- school property have certain rights and may be entitled to file a personal injury lawsuit if they can show the school or university failed to take reasonable steps to prevent the accident. While the subject of school immunity often comes up when dealing with lawsuits against schools since Illinois generally provides teachers and other certified educational employees with limited immunity from negligence actions, Jeffrey J. Kroll has successfully defeated immunity defenses in numerous cases by proving willful and wanton misconduct on the part of the school or school district. Knapp v. Hill, 276 Ill. App. 3d 376, 382 (1st Dist. 1995). The legal term "willful and wanton" refers to the failure, after gaining actual or constructive notice of an impending danger, to exercise care to prevent harm to others, when that danger poses an unreasonable risk of harm. Sullivan v. City of Hillsboro, 303 Ill. App. 3d 650, 655 (5th Dist. 1999). It is a hybrid between acts considered to be negligent and those considered to be intentional. Stojkowich v. The Monadnock Building, 281 Ill.App.3d 733, 744 (1st Dist. 1996). Whether specific acts amount to willful and wanton conduct is ordinarily a question of fact for the jury. Green v. Chicago Park District, 248 Ill. App. 3d 334, 341 (1st Dist. 1999).

Jeffrey J. Kroll, a tireless advocate for injured children in all types of cases, including school liability, was recently interviewed by award-winning attorney and host Karen Conti for a segment on “Legally Speaking” on Chicago Superstation WGN (AM 720), to discuss bullying and hazing and how parents and schools can handle this problem in our society.

Continue reading "BULLYING: A SERIOUS PROBLEM THAT CAN LEAD TO SERIOUS INJURY AND DEATH" »

Many of the personal injury clients that we serve at the Law Offices of Jeffrey J. Kroll must undergo MRIs prescribed by their doctors after becoming injured as a result of another person's negligence. An MRI, or magnetic resonance imaging, is a radiological technique that doctors use to see inside the body. MRIs are a common, diagnostic test, and typically make it easier for doctors to distinguish problematic tissues from normal tissues. MRIs differ from x-rays and CT scans by using magnetic fields opposed to radiation, which make x-rays and CT scans possible. MRIs are thought to be reasonably safe; however, as one recent CNN article pointed out, "if mistakes are made, they can hurt or even kill you."

CNN reported four main ways MRIs can go wrong:

(1) Projectiles: MRI machines contain powerful magnets that can attract other metal objects. Serious, injury-causing problems can occur if a patient is being scanned when a metal object collides with the MRI machine. CNN reported a New York child who "was killed in 2001 when the MRI machine sucked an oxygen canister into the machine where he was being scanned." Projectiles can be prevented if the MRI technicians follow proper policies and procedures.

(2) Burns: The RF transmitters in MRI can produce intense heat. Problems occur if a patient accidentally touches the walls of the MRI tunnel or is not checked properly for electrical conductors that can pick up concentrated RF frequencies. MRI technicians should make sure there is enough material between the patient and the wall to prevent burning.

(3) Hearing loss: If you have ever had an MRI, you know that the machines make a lot of noise. One CNN interviewee compared the MRI noise level to the level of noise exposure near a jet aircraft. Repeated MRIs raise the risk for hearing loss. Hearing loss can easily be prevented by providing patients with earplugs or earphones.

(4) Implants and medical devices: The magnetic fields in MRIs can move or damage metal devices implanted in a person's body, such as aneurysm clips and pacemakers. Although most current medical devices are MRI-safe, anyone undergoing an MRI should advise the MRI technician of the presence of a medical device before undergoing the scan.

To ensure your safety before undergoing an MRI, make sure you thoroughly complete MRI questionnaires or screening forms presented to you by the MRI facility. Review the answers with the MRI technician. You must also remove all metal from your body before an MRI. Any metal, such as a medical device or bullet, etc., which cannot be removed, must be discussed with a technician and a doctor. Be sure that you are provided ear protection that fits you properly. Notify the technician if you notice any open doors, loose wires or metallic objects that could be attracted to the magnetic field of the MRI machine. Avoid contact with the inside of the MRI machine's walls.

The Chicago personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll are dedicated to serving injured individuals and their families in personal injury and wrongful death actions. For over twenty years, Jeffrey J. Kroll has assisted injured clients in Illinois and throughout the United States. Our personal injury and wrongful death attorneys have achieved many multimillion dollar verdicts and settlements in a wide variety of practice areas including trucking accidents, auto crashes, medical malpractice, workplace injuries, train accidents, barge accidents and bus and taxi cab collisions.

Continue reading "WHAT TO KNOW BEFORE YOUR MRI" »

A new study in the upcoming December issue of the American Journal of Public Health found that "women drivers are injured more frequently in accidents than their male counterparts." The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll found it interesting that the study did not find that the injuries occurred more often because women cause more automobile collisions; instead, the study found women are more vulnerable to injury in car crashes due to the fact that safety features currently available in vehicles are not "tailored to protect" women. The study further found that female drivers and passengers seem to be more vulnerable than men to injury when involved in moderate and serious crashes, with a higher risk of chest and spinal cord injuries, due to shorter stature and seating posture. Even safety seat belts failed to prevent serious injury. In fact, "female drivers using a seatbelt where 47 percent more likely to be injured" than a male driver in similar crashes.

What can women do to protect themselves? Here are some good tips:

• Take time to research Consumer Reports to find the best car to suit your needs. Consumer Reports considers a driver's height in its reviews, as well as many other factors.

• To prevent injuries from air bags, drivers should sit with their chest approximately 10 inches away from the center of the steering wheel. For drivers of older cars, who cannot get 10 inches away from the steer wheel, invest in pedal extenders or an airbag on/off switch. Pregnant women in the late stages of pregnancies, who cannot get their abdomens far away enough from the steering wheel, should avoid driving whenever possible. See the Insurance Institute for Highway Safety for more tips.

• Make sure your seatbelt fits comfortably and securely.

The Illinois legislature recently amended the Illinois seat belt law, 625 ILCS 5/12-603.1, requiring all drivers and passengers, regardless of whether they are in the front or back of the vehicle, to wear a seat belt or face a fine starting at $25.00. Police officers will have the authority to stop a vehicle if they notice a passenger is not wearing a seat belt in the back seat. Children under the age of 8 years old must be protected in the proper child restraint system, including a child car set or booster seat, pursuant to the Child Passenger Protection Act, 625 ILCS 25/1, et seq. (2011). The new law takes effect on January 1, 2012.

Continue reading "STUDY SAYS WOMEN DRIVERS INJURED MORE FREQUENTLY IN CRASHES THAN MEN" »

Many who suffer from traumatic brain injuries often live life in a fog, where it is hard to think clearly, recall words, or even remember minute details. Others suffer conditions such as severe memory loss, limited function of arms or legs, abnormal speech or language, loss of thinking ability and emotional problems. This week, no doubt, many have learned of the susceptibility of race car drivers to head trauma after Dan Wheldon's fiery crash at the IndyCar World Championships at Las Vegas Motor Speedway this past weekend, which ultimately lead to his death due to blunt force trauma to the head. In a recent interview with David Wood on the WHYY radio program Fresh Air, Mr. Wood commented that due to advancements in physical medicine, more people, especially those that suffer traumatic brain injuries in combat, are living through traumatic events and then suffering through the everyday issues associated with traumatic brain injury. See, Fresh Air from WHYY, "Rebuilding Soldiers Transformed By War Injuries," October 13, 2011.

A recent New York Times article, Treatment of Trauma to Brain is Studied, discussed an Institute of Medicine report which stated methods thus far used to treat traumatic brain injuries and psychological lapses among veterans, including "the use of special daily diaries… to improve memory," did not provide a sufficient evidence base to support any future guidelines for establishing a course of treatment for those who suffer traumatic brain injuries. What does that mean? Apparently, the "techniques being used to treat psychological lapses from traumatic brain injuries … appear to be helpful, but lack rigorous scientific support…." Why? The article gives at least one reason: "evaluating traumatic brain injury treatment was inherently difficult because the severity of injuries varies so widely…."

As the number of Americans that live through traumatic events and go on to suffer the residual effects of traumatic brain injuries increases, the medical community will have to devise more effective forms of treatment. The New York Times article reported that nearly "20 percent of service members wounded in Iraq and Afghanistan have suffered blows to the face, neck or head, and the number of brain injuries has nearly tripled in the past decade, to more than 30,000 from 11,000." According to the Centers for Disease Control, an additional 1.7 million civilians suffer traumatic brain injury, many from car and trucking accidents, each year. Direct and indirect medical costs, such as lost productivity, due to traumatic brain injury estimated $60 billion in the United States in 2000.

As Chicago brain injury attorneys, it is our role to understand the sequelae of traumatic brain injuries and maximize monetary recovery to provide for the brain-injured individual. Since the short- and long-term disabilities resulting from a traumatic brain injury depend upon the severity of the injury, many factors will influence the outcome of a lawsuit, including the location of the injury on the brain, the age of the person and the general health of the individual.

Continue reading "LIVING WITH TRAUMATIC BRAIN INJURIES" »

The discussion on sports-related injuries continues. Again, the Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll find a recent article on CNN.com insightful. The article calls for changes in the how injuries to student athletes are evaluated in contrast to college and pro athletes.

The issue being, younger athletes are still in the midst of growth, with changing bodies and developing brains. The National High School Sports-Related Injury Surveillance Study "is pushing athletic programs away from a 'rub some dirt on it' philosophy and expecting everyone around young athletes to monitor their health." Even more encouraging, according to CNN the "CDC will create national guidelines for preventing and managing sports-related traumatic brain injuries. The guidelines … are expected to be finalized by 2013."

I know from experience, being the father of a nine-year-old football player, that parents these days are very nervous about spinal cord and brain injuries. Instead of steering kids away from certain sports, parents and educators must learn how to direct children to avoid concussion-causing conditions, use preventative equipment, and appreciate the signs of any type of traumatic brain injury -- no matter how insignificant it may appear. The key to preventing concussions and keeping children safe is education.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON SERIOUS SPORTS-RELATED INJURIES, PART 2 of 2" »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll read a great article on CNN.com regarding the serious nature of high school sports' injuries. As advocates for students suffering spinal cord and traumatic brain injuries while participating in school-related sports, our personal injury attorneys know that a lot is a stake when it comes to the safety of children, on and off the playing field.

The CNN article discusses a young girl injured during cheerleading practice while attempting a new stunt. The girl fell on to her head from her team mates shoulders, five feet above ground. She suffered a fractured skull, concussion, and bruising on the brain. The article describes the emotional and financial affect the fall had on the girl and her entire family.

One of the most unexpected facets of injuries to high school students is the likelihood for developing mental health issues after the incident. Since high school student's brains are not fully developed, their coping strategies are also less developed. Many students that suffer traumatic brain and spinal cord injuries, even concussions, can experience extreme social change. Often they can no longer participate in their chosen sport, lose social connections, and suffer depression. Many families are not prepared for the change.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON SERIOUS SPORTS-RELATED INJURIES, PART 1 of 2" »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll applaud the Chicago Sun-Times for featuring an article recognizing the dangers of concussions in youth sports and the new concussion rules that govern Illinois schools. With the start of school and fall sports like football and hockey jolting into high gear, parents and school officials must take precautions to protect children and teens from concussions.

The Sun-Times writes:

"According to the U.S. Department of Health and Human Services, children account for 90 percent of hospital emergency room visits for sports-related concussions.
***
Concussions — brain injuries from a bump, blow or jolt to the head — can occur in any recreational activity, even sports considered non-contact, according to the Centers for Disease Control and Prevention. And complications can occur in both the short-term and long-term, including headaches, dizziness, mood changes and death."

Illinois is one of the 21 states that have established concussion rules for student athletes. The law includes an number of requirements, including:

- School boards must work with the Illinois High School Association to develop guidelines to educate coaches, student athletes and parents of the nature and risk of concussions.
- Students and parents must sign a concussion information sheet and return it prior to practice or competition.
- School boards must adopt a policy requiring a student athlete with a suspected concussion or head injury to be removed from the practice or game at that time.
- Student athletes removed from play cannot return until after evaluation and written clearance by a health care provider.

The key to preventing concussions and keeping children safe is education. Parents and educators must learn how to direct children to avoid concussion-causing conditions, use preventative equipment, and appreciate the signs of any type of traumatic brain injury -- no matter how insignificant it may appear.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON PREVENTING YOUTH CONCUSSIONS" »

The Illinois brain injury attorneys at the Law Offices of Jeffrey J. Kroll recently read an article in the University of Illinois' Food Science and Human Nutrition's Fall Newsletter, which discusses how traumatic brain injury (TBI) should be treated immediately with a high caloric and higher than normal protein rich diet to improve the odds of recovery. The University of Illinois' Professor John Erdman, who happens to be a Vietnam veteran, chaired a committee that provided recommendations on treating TBI to the Department of Defense. He said: “Within the first 24 hours after head trauma, patients need to receive at least 50 percent of their normal caloric intake, including a higher-than normal amount of protein, to reduce inflammation and swelling of the brain and give the brain enough energy to repair itself. This regimen should be followed for at least two weeks."

While approximately 10-20% of soldiers returning from warfare have sustained a TBI, brain injuries are common among civilians as well. Victims of motorcycle and car accidents, and football and hockey players often suffer severe concussions and even strokes. Those that suffer brain injuries in accidents can benefit from increased protein and energy immediately after a traumatic incident.

Having represented a number of individuals that have suffered traumatic brain injuries, the brain injury attorneys at the Law Offices of Jeffrey J. Kroll understand the damages that result from traumatic brain injuries, including the wide range of functional short- and long-term changes causing paralysis and affecting thinking, sensation, language, or emotions. Many of the causes of traumatic brain injuries stem from the negligent conduct of others.

Continue reading "MORE CALORIES, PROTEIN NEEDED WHEN TREATING TRAUMATIC BRAIN INJURIES" »

The Chicago brain injury attorneys at the Law Offices of Jeffrey J. Kroll recently read a new policy statement from the American Academy of Pediatrics (AAP) and the Canadian Pediatric Society (CPS), which admonishes pediatricians and parents to discourage children and teens from participating in the sport of boxing. The concern is the serious risk of face and brain injuries, including concussions since "[c]hildren’s brains are more vulnerable to concussion, and recovery takes longer than for adults." Even amateur adult boxers are at risk, since evidence does not show that their use of head gear reduces the risk of concussions. Boxing is particularly dangerous because, unlike other sports where head injuries are common, boxing encourages children to hit each other in the head.

With an average of over 8,700 injuries per year, the Chicago brain injury attorneys at the Law Offices of Jeffrey J. Kroll applaud the APP and the CPS for taking a stance on boxing. We hope that more parents heed their advice, and discourage children from engaging in the sport of boxing. In turn, we may be fortunate enough to see less concussions.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON BOXING AND CHILDREN/TEENS" »

The medical malpractice attorneys at the Law Offices of Jeffrey J. Kroll just read an informative article by Dr. Barry Bialek on CoverMd.com. There, Dr. Bialek explains the top ten most expensive medical errors, considering cost of health care as well as the patient's loss of income due to the medical error. The injuries include brain injuries, errors that lead to quadriplegia and death due to myocardial infarct.

Seven of the ten most expensive medical errors are those that lead to severe brain injuries, with birth trauma as the number one most costly injury, since many who suffer birth injuries may have a normal life expectancy, yet require lifelong medical care. Even brain injuries as a result of falls are discussed, since a failure to diagnosis a brain injury may cause a severe subdural hematoma and even coma. Next, errors that lead to quadriplegia are found to be the eighth and ninth most costly errors since many who suffer these injuries will require constant skilled health care for the duration of their lives. Finally, death from untreated, unstable angina is found to be the tenth most costly medical error because many who die from this condition are typically supporting families at the time of death and the loss may impose a severe economic strain on the surviving family.

The medical errors are attributed to technical medical errors, failure to use indicated tests, avoidable delay in treatment, failure to take precautions, failure to act on test results, inadequate monitoring after a procedure, inadequate follow-up after treatment, avoidable delay in diagnosis, and improper medication dose or method of use. All could amount to medical negligence by a health care provider.

Continue reading "WHAT ARE THE MOST EXPENSIVE MEDICAL ERRORS?" »

Governor Quinn recently signed "Zach's Law," a law that "requires all moveable soccer goals made or sold in Illinois to be tip-resistant." The law is named for Zach, a 6-year-old boy who died when a soccer goalpost fell on his head during a soccer practice in suburban Vernon Hills in 2003. The law will take effect on August 2, 2012.

As Chicago sports injury attorneys, we recognize the importance of measures, such as Zach's Law, to keep our children safe and minimize the risk of catastrophic injury while playing sports. Sports-related accidents resulting in personal injury occur on a daily basis at schools, gyms and training facilities. Many serious sports-related injuries include head and neck injuries, back injuries, paralysis and fractures.

Illinois athletic facilities and schools should provide safe, functional equipment, and if they fail to do so, they can be held liable when a patron becomes injured on their premises. Under certain circumstances, sports organizations, teams or even individual players can also be held liable if an athlete suffers an injury on a playing field, court or arena.

Continue reading "CHICAGO SPORTS INJURY ATTORNEY COMMENTS ON TOUGHER GOALPOST LAWS" »

Researchers at the Alzheimer's Association National Conference recently reported that "[o]ne in three retired NFL football players appear to have mild cognitive impairment (MCI)." The findings further suggest that "mild, repeated blows to the head -- like the kind suffered by many [football] players during their careers -- may predispose people to dementia," which is contrary to previous beliefs that a person had to undergo moderate or severe brain injuries and an unconscious state to put the brain in danger.

Over one million American adults and children suffer from traumatic brain injuries each year. The symptoms of traumatic brain injuries include personality changes, memory and concentration problems, headaches and mood disturbances.

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll have represented numerous individuals suffering from brain and spinal cord injuries. The causes have ranged from birth injuries to sports injuries to high-impact car crashes. Many of the causes of traumatic brain injuries and spinal cord injuries stem from negligence. Jeffrey Kroll has a proven record of success in this area. In fact, he secured a $12.5 million dollar settlement for a Rolling Meadows High School football player who was rendered a quadriplegic after he was tackled by a teammate and came into contact with an unpadded, steel post near the sideline of the Rolling Meadow's football practice field. He also obtained a $5.25 million dollar settlement for a Lake County woman, who suffered a brain injury when a Yellow Cab taxi driver drove his cab across three lanes of traffic in an attempt to reach an exit.

Continue reading "FOOTBALL INJURIES AND DEMENTIA LINKED" »

A taxi driver that "veered widly" on East Illinois Street, in Chicago, Illinois, struck and killed an innocent pedestrian just before 9 a.m., on Monday, June 27, reported the Chicago Tribune.

According to the Tribune, the taxi driver, who after the incident was reported to be in fair condition at Northwestern Memorial Hospital, was ticketed for driving too fast for road conditions and striking a pedestrian. The taxi driver's passenger suffered a broken leg and other unreported injuries.

This incident marks "the second time in two months that a pedestrian has been struck by a vehicle and killed near the busy intersection just east of Michigan Avenue." What's scary is that since 1998, the taxi cab driver had been convicted of numerous traffic violations and had been issued close to 30 traffic tickets for a number of violations.

The attorneys at the Law Offices of Jeffrey J. Kroll have experience suing negligent taxi cab drivers, and have secured millions of dollars in verdicts and settlements for their clients. In fact, Jeff Kroll obtained a $5.25 million dollar settlement for a Lake County woman, who was injured by a Yellow Cab taxi driver when he drove his cab across three lanes of traffic in an attempt to reach an exit. The woman suffered a brain injury and had difficulty with walking. At the time, the settlement was the largest with a cab company in the State of Illinois.

Last year, Jeff Kroll was interviewed by the Chicago Sun-Times regarding the insufficiency of most taxi cab insurance limits.

Continue reading "TAXI DRIVER KILLS CHICAGO PEDESTRIAN" »

With last weekend's World Naked Bike Ride in Chicago, I'm pretty sure many of us were thinking, "Is that safe?" While I do not envision a naked bike ride in my future, I do often have bike safety on my mind, thanks to my two children. An article posted by My Fox Chicago, entitled "Bicycle Safety Isn't Child's Play Anymore," recently caught my attention. It stated:

While most people ride bikes recreationally, an increasing number of adults are riding their bike to work in order to improve their health, save money and reduce their overall carbon footprint. Therefore, despite conventional wisdom, children are not the primary victims of bicycle crashes. Of the 630 bicyclist deaths in 2009, 8 out of 10 were adults older than 21.

As a result, "the League of American Bicyclists and AAA have partnered on a campaign to encourage adult bicyclists to take five easy steps to safer riding.”

This is what they suggest:

Follow the Rules of the Road: Always ride with traffic, using the rightmost lane, obeying the same laws as motorists. Use hand and arm signals to indicate your intention to stop, merge or turn.

Be Visible: Ride where drivers can see you. Do not ride on the sidewalk. Wear brightly colored clothing at all times. At night, use a white front light and red rear light or reflector, and wear reflective clothing.

Be Predicable: Ride in a straight line and don’t swerve between parked cars. Make eye contact with motorists to let them know you are there.

Anticipate Conflicts: Always be aware of traffic around you and be prepared to take evasive action, exercising additional caution at intersections. Learn braking and turning techniques to avoid crashes.

Wear a Helmet: Helmets, when worn properly, are up to 85 percent effective in protecting the head and brain in the event of a crash. Should you crash, or have an impact that affects your helmet, replace it immediately. Fit matters: Wear your helmet level on your head, low on your forehead, with no more than two finger widths above your eyebrow.

Continue reading "BICYCLE SAFETY… IT'S NOT JUST FOR KIDS" »

The U.S. Consumer Product Safety Commission (CPSC) and Health Canada have recalled over 33,000 Bell Sports bicycle helmets, due to a defective chin strap that could cause the helmet to come off in the event of a fall or crash. According to CPSC, Bell Sports, of Scotts Valley, California, has received at least "one report of a buckle failing during an accident, resulting in an injury that required stitches below the wearer's eye."

The CPSC recall specifically targets the Bell Exodus full-face helmets with a plastic buckle on the chinstrap. The affected models have angled visors, were sold in youth sizes, and include Part/Model Numbers 1003825/035011898025, which were sold in orange/grey/black, and 1006714/035011917719, which were sold in blue/grey/gold/white/black.

Between August 2009 and March 2011, the helmets were available in Walmart stores nationwide and Amazon.com, costing between $50 and $60.

Bicyclists who fail to wear helmets are more likely to suffer head and neck injuries, including traumatic brain injuries, if they become involved in a collision with an automobile, bus or truck. Such injuries can cause lifelong pain, disability and even death.

The CPSC recommends that consumers stop using the helmets immediately and contact Bell Sports for a replacement or refund.

Continue reading "BICYCLE HELMETS RECALLED DUE TO REPORTED HEAD INJURY HAZARD" »

It's getting hot here in Chicago. No doubt, many are anxious to get to a swimming pool to cool off. While swimming pools are fun, they can also present dangers and cause injuries when the pool is not properly cared for or when children are not properly supervised. Pool injuries can result in drowning injuries, severe head and neck injuries and traumatic brain injuries, which can cause life-long neurological damage.

According to the Center for Disease Control:

Children ages 1 to 4 have the highest drowning rates. In 2007, among children 1 to 4 years old who died from an unintentional injury, almost 30% died from drowning. Fatal drowning remains the second-leading cause of unintentional injury-related death for children ages 1 to 14 years.

Premise liability law generally governs swimming pool injuries. The swimming pool owner owes their invitees a legal duty to protect against both obvious and latent risks that may cause injuries in and around a pool. Wet decks or other surfaces should be maintained to prevent slips and falls. No diving should be permitted in shallow depths. Random slips and diving injuries could cause life-long catastrophic injuries in a matter of seconds.

Continue reading "SWIMMING POOL INJURIES AND LIABILITY" »

Medical researchers have confirmation that the late Dave Duerson’s suspicion that he suffered brain damage was correct.

This week, the Los Angeles Times ran a story regarding Duerson, the late Chicago Bears' Super Bowler, who died earlier this year from a self-inflicted gunshot wound to the chest. After a successful career on and off the playing field, Duerson began to suffer from headaches, memory loss, vision and attention problems, and impulse control. Duerson, who requested that his brain be studied at Boston University's Center for the Study of Traumatic Encephalopathy, was convinced that he suffered brain damage as a result of the many years he spent playing football. Medical researchers now say they have confirmation that Duerson was correct.

In fact, his autopsy revealed that "Duerson suffered from a neurodegenerative disease linked to concussions and other repetitive head trauma…." The Los Angeles Times article discusses the work of neurologists at Boston University and the Bedford VA Medical Center who have so far examined fifteen former players, discovering "signs of chronic traumatic encephalopathy, or CTE, in 14 of them."

What is the significance of these findings? According to the article, researchers have now "reinforced growing concerns about long-term football injuries." "[R]epetitive concussions and sub-concussive blows, other yet-to-be-determined factors — perhaps including genetic predisposition — could put individuals at risk."

The Chicago Accident and Injury Lawyer Blog has discussed the seriousness of sports-related injuries in past posts. As Chicago brain injury attorneys, we understand the long-term effects of head trauma. Contact us if you or someone you know has suffered head trauma in a sports-related incident or a motor vehicle collision.

When it comes to the Fake Bad Scale (FBS), or the Minnesota Multiphasic Personality Inventory in general, one can almost always conclude that the administration and reporting of the results of these tests by defense expert witnesses will be biased. As a result, if a judge permits a defense attorney to present the biased results of such tests, the injured person's attorney must engage in careful and skillful cross-examination to impeach the results at trial. Additionally, like in Amadio v. Glenn, discussed in Part 1 of this blog, plaintiff's attorneys should have the plaintiff evaluated by a qualified expert as well. That expert should be prepared to testify about the extent and severity of the invisible injury at trial and to explain and refute the results of the FBS.

Over the course of his career, Jeffrey J. Kroll has lectured to expert witnesses regarding issues that arise while testifying in court, especially how expert witnesses should incorporate the use of demonstrative evidence into their testimony to persuade a judge and jury. As Chicago brain injury attorneys, our team understands the sequelae of invisible injuries, like traumatic brain injuries, and have experience maximizing recovery for injured individual. Often, this requires working closely with expert witnesses who assist in explaining to the jury the short- and long-term disabilities that may result from invisible injuries.

Defense attorneys often claim that people who suffer invisible injuries in collisions, such as plaintiffs who suffer traumatic brain injuries, are faking or exaggerating their life-changing symptoms. As a result, defense attorneys retain and pay experts to evaluate the injured person via a multitude of psychological tests. Those well-paid expert witnesses then typically testify at trial that the plaintiff's symptoms fail to comport with the injury.

One controversial test, the Fake Bad Scale (FBS), claims to identify malingerers (the term used for people who supposedly fabricate or exaggerate their symptoms of mental or physical disorders for secondary gain, including financial compensation). Unfortunately, the FBS is now a component of the Minnesota Multiphasic Personality Inventory (MMPI) personality inventories. Plaintiff's personal injury attorneys, like me, despise the FBS, as it misjudges legitimate health issues and almost always over-reports malingering.

The issue of real, yet, invisible injuries versus the FBS recently intersected in a case in the Eastern District of Pennsylvania: Amadio v. Glenn, 2011 U.S. Dist Lexis 9549 (February 2011). There, plaintiff claimed that he suffered worsening brain damage, which originally resulted from a collision six years earlier, when defendant-driver suddenly struck his car. Plaintiff's attorney and the defendants' attorney requested that experts evaluate the nature and cause of the collision as well as plaintiff's present injuries.

Defendants' experts subjected plaintiff to the MMPI- 2 personality inventory. It's not surprising that the defendants' paid experts later opined that the plaintiff's MMPI-2 results indicated "over-reporting and exaggeration of psychopathology," "extreme levels of exaggeration," "responding bias," and that "[plaintiff] skewed his responses toward greater psychopathology." 2011 U.S. Dist Lexis 9549, *11.

Prior to the commencement of trial, plaintiff filed a motion to preclude testimony related to the results of the MMPI-2 test. Specifically, plaintiff challenged the reliability of defendants' experts' methodology and the fit of their opinions to the evidence, arguing the experts' evaluation was flawed because MMPI-2 (1) cannot be validly used or interpreted in patients who are known to be brain damaged, and (2) the FBS sub-scale is scientifically invalid as it overestimates malingering.

Although the Court agreed with defendants that in general the interpretation of certain test results should not be precluded, but should instead be subjected to cross-examination, plaintiff's argument that the MMPI-2 test should not be administered to people with known brain damage caused the Court to pause. (Unfortunately, the Court did not address the plaintiff's contention that the FBS is scientifically invalid.)

In finding for the plaintiff, the Court stated the experts failed to show, pursuant to Federal Rule of Evidence 702, that (a) their opinion based on the MMPI-2 test consisted of a testable hypothesis with regard to brain damaged victims, (b) the MMPI-2 had been subjected to peer review on the subject of brain damaged people, (c) there existed standards controlling the technique's operation for brain damaged individuals, or most particularly and importantly (d) the method has been generally accepted for use on those who are brain damaged.

He "got his bell rung." Most of us are familiar with the use of this phrase to describe someone who has suffered a concussion. A cute phrase for a potentially life-changing event. Recent data out of the NFL showed that the number of concussions reported during the 2010-2011 football season was up more than 20 percent from 2009 and more than 30 percent from 2008.

Repeated head trauma, such as concussions due to sports injuries, can result in chronic traumatic encephalopathy, or CTE. CTE has been found to cause symptoms similar to Alzheimer's Disease, including attention loss, confusion and poor judgment to name a few.

As a parent of a young child that loves playing football, these studies concern me. What can we do? The experts suggest that children playing contact sports, like football, not engage in tackling of any form. Even college and professional players should limit contact during practice so as to minimize head trauma. Great idea, but is it practical?

I am encouraged that the NFL has undertaken to investigate and report data related to concussions. Our children admire their sports heroes. The more that they do to promote awareness of head trauma, the better. I am also encouraged by the recent actions of Chicago City Council’s Finance and Education Committee. This month, the Committee agreed to remove water and sewer fee exemptions from schools that allowed injured athletes to prematurely return to the field.

Continue reading "THE SERIOUSNESS OF SPORTS-RELATED CONCUSSIONS" »

The nation is saddened and understandably frightened by the events that occurred in Arizona over the weekend, when a gunman opened fire on a group of people congregating at a local supermarket for a political event, killing six and injuring others, among them U.S. Congresswoman Gabrielle Giffords, who remains in critical condition with a traumatic brain injury.

Sadly each year, approximately 1.7 million people in the U.S. suffer traumatic brain injuries. Twenty percent of these injuries are caused by violence. Roughly 52,000 people die as a result of their injuries and about 250,000 of them are hospitalized. Of the deaths caused by traumatic brain injury, anywhere from 35% to 40% are attributed to gun shots.

Having represented a number of individuals that have suffered traumatic brain injuries, the attorneys at the Law Offices of Jeffrey J. Kroll understand the damages that result from traumatic brain injuries, including the a wide range of functional short- or long-term changes, which can cause paralysis and affect thinking, sensation, language, or emotions. Many of the causes of traumatic brain injuries stem from negligence.

As a Chicago brain injury attorney, it is my role to understand the sequelae of traumatic brain injuries and maximize any potential recovery to provide for the brain-injured individual. The short- and long-term disabilities resulting from a traumatic brain injury depend upon the severity of the injury. Many factors will influence the outcome, including the location of the injury on the brain, the age of the person and the general health of the individual.

Continue reading "TRAUMATIC BRAIN INJURY NEGLIGENCE AND DAMAGES " »

With football and high school sports just around the corner, the topic of concussions is sure to surface. It is important that schools, coaches, students, parents and guardians be educated on the symptoms of a concussion and to know what steps to take when a student displays signs of a possible concussion.

Some states require a mandatory restriction from further participation in the football game following a concussion or “suspected” concussion. Where does Illinois stand on this issue? In the past couple of years, recognizing concussions has progressed. Over three years ago, the Illinois High School Association’s Sports Medicine Advisory Committee began to study concussion management. Thus far, the committee has not yet recommended implementation for assessing the severity of concussions. In Illinois, there is a large variation in resources, between large and small schools. It would be difficult for smaller schools to take on a minimum standard program. Unfortunately, a student athlete’s brain could be at issue.

The National Federation of State High School Association which has produced brochures and references on concussions symptoms for years, will now add specific language to its rule books, with a list of symptoms and recommendations for treatment, including a prohibition of returning to action the day of an injury and medical clearance prior to returning the action. This is a tremendous step in preventing subsequent injuries to student athletes.

In 1974, professors of neurosurgery at the University of Glasgow developed the Glasgow Coma Scale “GCS.” It is a neurological scale that aims to give a reliable and objective way of recording the conscious state of a person for initial as well as subsequent medical assessment. A patient is assessed against the criteria of the scale and points range from three (eyes do not open, unable to make vocal sounds and no motor movements) to 14/15 (opens eyes spontaneously, individual is oriented and localizes painful stimuli). At 15, the person is fully awake. At 3, the individual is in a deep coma. The GCS is often used to assess levels of consciousness after a head or brain injury and the scale is universally used by First Aid, responders, EMS, doctors and all other individuals treating acute medical and trauma patients.

Recently, a survey was given to Italian anesthesiologists who treat patients with brain injuries and the results of the survey show that the GCS is no longer enough to adequately classify, by itself, the severity of a traumatic brain injury. Conversely, the doctors believe, CT scans and pupil photo activity should be included in a modern clinical classification of traumatic brain injuries.

Roughly 2 million individuals suffer traumatic brain injuries each year. If the Italian anesthesiologists are correct, the CT findings and pupil reactivity to light should be included as additional ways of classifying the severity of a traumatic brain injury.

Continue reading "IS GLASGOW COMA SCALE ENOUGH TO CLASSIFY THE SEVERITY OF TRAUMATIC BRAIN INJURY?" »

A study entitled Sleep Disturbance and Melatonin Levels Following Traumatic Brain Injury published in the American Academy of Neurology's journal Neurology found that sleep disturbances commonly follow traumatic brain injuries.

Australian researchers performed sleep experiments on 23 people affected by traumatic brain injuries as well as 23 age- and gender-matched healthy volunteers.

Among other things, the study found that traumatic brain injury patients spent an average of 62 minutes per night awake compared to 27 minutes for those in the healthy group. In fact, the researchers suggest that damage associated with a brain injury may disrupt the neural structures that regulate sleep.

Elevated depression was also associated with the reduced ability to sleep soundly.

Such research is important for understanding the long term affects of traumatic brain injuries. Proper diagnosis and treatment are critical to recover from such injuries. The Law Offices of Jeffrey J. Kroll is personal injury law firm experienced in handling traumatic brain injury cases. Please contact us today at (312) 676-7222.

A new report out of the Journal of the American Medical Association has found that approximately half of the survivors of a traumatic brain injury, or a concussion, will experience clinical depression within one year after the injury. In fact, head trauma combined with depression causes significantly more pain, greater mobility problems and more difficulty in carrying out responsibilities than head trauma without depression.

Over one million American adults and children suffer from traumatic brain injuries each year. The symptoms of traumatic brain injuries include personality changes, memory and concentration problems, headaches and mood disturbances.

Continue reading "LINK BETWEEN TRAUMATIC BRAIN INJURY AND DEPRESSION DOCUMENTED" »

The personal injury attorneys at the Chicago-based law firm, the Law Offices of Jeffrey J. Kroll have successfully represented victims of post-traumatic stress disorder. A recent article on the Science Daily website explains the findings of a study released by Columbia University's Mailman School of Public Health that suggests that traumatic experiences "biologically embed" themselves in select genes. This alters the function of the genes and leads to the development of post-traumatic stress disorder (PTSD).

PTSD is a serious condition involving psychological consequences that a person experiences after exposure to a traumatic event.

The Law Offices of Jeffrey J. Kroll represents individuals who have been the victims of brain injuries. March is "Brain Injury Awareness Month." There is a continuum of levels of brain injury, but all are serious.

The U.S. Centers for Disease Control is encouraging school professionals, coaches, athletes and parents to learn the risks of concussions in youth sports in recognition of Brain Injury Awareness Month. The emphasis is on identifying when a concussion has occurred and ensuring that sufficient time has passed before returning to playing sports. A repeat concussion before the brain has sufficiently healed places athletes at a high risk for long-term effects.

In addition to an increased risk in sports, members of the armed services are at increased risk for brain injury. The Pentagon has a new policy wherein U.S. troops in Iraq and Afghanistan subjected to roadside bomb attacks will be pulled from duty for at least 24 hours and medically examined before being cleared for battle again. The goal is to detect injuries as early as possible.

Protocols requiring a rest period for healing and medical observation are essential to preventing long-term damage after a mild brain injury.

Recently, the 2010 American Association for the Advancement of Science met and discussed the serious nature of mild traumatic brain injuries, or concussions. Although over 1 million adults and children suffer mild traumatic brain injuries each year, the medical and legal fields usually ignore the severe effect such injuries have on a person's daily life. Often, such injuries cause neurological and cognitive problems that prohibit a person from properly functioning in society.

Doctors are now beginning to use neuroimaging techniques to study how mild traumatic brain injuries affect humans and animals. Within just a few days after a mild traumatic brain injury, doctors have found distinct changes throughout the white matter -- the brain tissue through which messages pass within the nervous system -- in the brain.

Such research is important because society at large does not take concussions or mild traumatic brain injury seriously enough. Proper diagnosis and treatment are critical to recover from such injuries. The Law Offices of Jeffrey J. Kroll is personal injury law firm experienced in handling traumatic brain injury cases. Please contact us today at (312) 676-7222.

New research suggests that standard tests to determine brain activity may overlook patients who have some consciousness. The new test used by researchers in Britain and Belgium is called a functional MRI. The results of their study was published in the New England Journal of Medicine.

The researchers emphasized that only a few of the patients they tested showed evidence of mental awareness. Further, it is not clear to what degree the patients are conscious.

Researchers noted that the positive signals appeared only in people with traumatic brain injury. Those whose brain injuries resulted from oxygen deprivation did not show consciousness.

To test the patients in the study, researchers asked vegetative and minimally conscious persons to imagine two situations. One scenario involved standing on a tennis court hitting a ball to an instructor and the other was navigating familiar streets or walking from room to room in their homes. In some of the patients, the brain scan used by researchers, a functional MRI, showed different patterns of brain activity for each scenario.

Continue reading "NEW STUDY REVEALS SOME BRAIN ACTIVITY IN PEOPLE IN "VEGETATIVE" STATE FROM TRAUMATIC BRAIN INJURY" »

With Chicago winter in full force, it is important to remember safety while sledding with your children, especially those under 14 years of age. Sledding injuries can be serious, causing lifelong disability or death. Since younger children have proportionally larger heads and higher centers of gravity than older children, they are more prone to injuries.

The American Academy of Orthopaedic Surgeons provides the following safety tips for winter sledding:

• No matter how tempting, do not permit your children to sled on public streets.
• Make sure your child is sitting in a forward-facing position while sledding.
• Sled only in designated and approved areas where there are no trees, posts, fences or other obstacles in the sledding path.
• Supervise your children while sledding. To avoid collisions, make sure there aren't too many children sledding in one area.
• It is preferred for young children to wear fitted helmets while sledding.
• Chose sleds that have steering mechanisms when possible.
• Only sled in well-lighted areas in the evening.
• Do not use plastic sheets or other materials for sledding.
• Protect your children from injury and cold by dressing them in layers of clothing.

By following these simple safety tips, you can ensure that your children not only have fun in the snow, but are also well protected from injury. The Law Offices of Jeffrey J. Kroll hopes that you and your family have a safe and fun winter.

The attorneys at the Law Offices of Jeffrey J. Kroll are experienced in handling cases involving individuals whom have suffered brain injuries. New research has shown that the administration of progesterone to individuals with brain injuries has shown beneficial effects and improvements in brain functionality. Progesterone is a naturally-occurring hormone that is produced by males and females. Progesterone can cross the blood-brain barrier and reduce swelling.

In the January issue of the American Journal of Roentgenology, the results of a study performed by researchers at Emory University in Atlanta, GA, indicate that progesterone can protect damaged cells in the central and peripheral nervous systems.

When a person suffers a brain injury, their body responds to the trauma in the same way it would any injury, which is with inflammation. The swelling causes increased pressure in the brain called intracranial pressure. This pressure in the brain can be fatal. The swelling restricts blood flow to the brain and puts pressure on areas of the brain that affect breathing, heart rate and blood pressure.

Cooling therapy is used by many medical treaters to reduce the swelling. With the use of cooling blankets and other methods, internal body temperature is reduced to help prevent further damage.

Similarly, research has shown that using cooling therapy on newborns who suffer from oxygen deprivation during birth may reduce rates of cerebral palsy and other problems caused by hypoxia.

New research, first presented at Neuroscience 2009, the annual meeting of the Society for Neuroscience, indicates that a diet high in fat and low in carbohydrates, known as the "ketogenic" diet, speeds recovery in paralyzed rats after spinal cord injury. According to ScienceDaily.com, patients recovering from spinal cord injuries are usually given intravenous, high calorie solutions containing large amounts of sugar as they heal.

In the study, researchers investigated the high fat, low carb, ketogenic diet as an alternative to fasting. Like fasting, a lack of carbohydrates forces the body to use fat as fuel. During the study, rats were fed either standard or ketogenic diets after a cervical spinal cord contusion. The rats on the ketogenic diet recovered faster. After 14 weeks on their ketogenic diets, 54% percent of the rats used their injured paws 15 times more frequently than the rats on a standard diet.

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As a Chicago personal injury attorney, I have represented individuals with brain injuries. The causes range from birth injuries to cheerleading accidents and other sports injuries to high-impact car crashes. Many of the causes of traumatic brain injuries stem from negligence. As a personal injury attorney, it is my role to maximize any potential recovery to provide for the brain injured individual.

The disabilities resulting from a traumatic brain injury depend upon the severity of that injury. Many factors will influence the outcome, including, the location on the brain of the injury, the age of the person and the general health of the individual.

Continue reading "TRAUMATIC BRAIN INJURY: CAUSES AND OUTCOME" »

The United States Center for Disease Control and Prevention (“CDC”) guesstimates that there are approximately 1.5 million people in the United States who suffer from a traumatic brain injury each year. Sadly, 50,000 people die from traumatic brain injuries each year and more than 85,000 will suffer long-term disabilities. I chose the word "guesstimate" when referring to the 1.5 million people who suffer from these tragic injuries because only the patients that are admitted to a hospital for this injury are included in this count. Individuals treated in an emergency room or doctor’s office are not counted.

A traumatic brain injury is a form of an acquired brain injury. It occurs when sudden trauma causes damage to the brain. This type of injury can result when the head suddenly and violently strikes an object or the individual’s head is violently shaken. This is commonly known as a deceleration injury. Many people involved in motor vehicle collisions will complain of some type of headache or head injury and will subsequently receive CT scans or other diagnostic studies in the emergency room. Imaging tests will be helpful and assist in determining the diagnosis and prognosis for a traumatic brain injury patient.

An individual’s skull is hard and inflexible while the brain is soft with a “jello-like” consistency. An individual’s brain is encased inside the skull. During the movement of the skull through space (which is known as acceleration) and the rapid discontinuation of this action, the skull will meet a stationary object (deceleration) this will cause the brain to violently move inside the skull. As one can imagine, the brain is moving at a different rate than the skull because of this “jello-like” consistency. This differential movement of the skull and the brain results in direct brain injury, shearing, contusion, and, quite often, swelling.

Anyone with signs of a mild, moderate or severe traumatic brain injury should receive medical attention as soon as possible.

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