Has Your Plaintiffs' Mild Brain Injuries Gone Undetected? What the NFL Concussion Litigation means for PI

NEW YORK, Sept. 24, 2013 /PRNewswire/ --MDL No. 2323 the NFL Players' Concussion Litigation has reached settlement with a degree of controversy. The premise of liability and the extent to which the NFL owed its players a duty to warn amid now decades of private medical research, was likely one of the most difficult and publicized TBI litigations in recent years. While the league is positioned to carry on 'business as usual' this season, it is disappointing not to see the claims of the former NFL players tested at trial with a jury.

(Logo: http://photos.prnewswire.com/prnh/20130912/NY77185LOGO )

The term "traumatic brain injury" (TBI) covers a wide range of severity. Less obvious and more difficult to diagnose and prove are mild traumatic brain injuries (mTBIs), characterized by short and mild interruptions of normal brain activity and no change to normal mental status after the injury commonly called concussions. An obvious risk to participants of the game of football and other contact sports, but sometimes a not so obvious a risk in personal injury cases. Attorneys well versed in MVA litigation have made this consideration for years in their cases, but client intake for other case types should also look for signs of mTBI in clients. Research dedicated to mTBI in the last decade has lead the medical community to increase concern for mTBI improving both methods and technology for diagnosing mTBI that many juries may not be aware of. While medical care and securing an expert witness for an mTBI case can be expensive, solutions for both attorneys and plaintiffs exist to make proving an mTBI claim more realistic.

FINANCING CASE COSTS

Case Funding offers law firms many flexible options for financing case costs for mTBI cases and other types of PI cases. Funds can be used for any service used to mount a successful mTBI action including video presentation services, securing the right experts and medical summaries. Read more about loan programs for attorneyshere.

FINANCING MEDICAL CARE FOR THE UNINSURED

For mTBI plaintiffs without sufficient medical insurance, securing neurological care can be very financially daunting. Case Funding offers two programs that can help plaintiffs secure the care they need and strengthen their mTBI claim. With Medical Lien/LOP purchasing, Case Funding will work with a plaintiff's medical providers to secure a plan of care and medical service upfront. Our Plaintiff Advance program can also assist plaintiffs make up for time away from work while they undergo the treatment necessary to recover from their injuries and prove their claim.Read more about solutions for plaintiffshere.

mTBI and TBI Basics

mTBI often goes undiagnosed by ER doctors, so it is imperative to get a timely second opinion from a qualified expert if you suspect a client may have suffered a mTBI. Not the easiest task if a client is received many days after the injury, but if documented quickly enough, could be crucial in building a client's case.Common mTBI symptoms include loss of consciousness, temporary confusion or disorientation, and brief memory loss. More common symptoms, like headaches, fatigue, dizziness, and lack of concentration can bolster a mTBI claim if there was also altered consciousness. Severe traumatic brain injuries are often more obvious, with clear symptoms traditionally associated with brain injury such as severely reduced mental ability or dementia. The master complaint for the NFL Players' litigation sought to show that persons who sustain a mTBI, are up to four times more likely to sustain a second injury and exacerbate the first. The long term effects associated with brain injury include increased risks for depression, PTSD, dementia, recurrent headaches, reduced cognitive function and more. One recent medical study (de Beaumont, L.) even found patients to have symptoms 30 years after the initial injury and concluded that approximately 15% of patients who suffer even a single mTBI could have longstanding health consequences!

Any impact to the head can cause a TBI, but impacts to other parts of the body that cause sudden acceleration or deceleration of the head can cause Mild TBIs. There are also cases where TBI was found due to an incorrect prescription that caused brain damage. TBIs can manifest themselves in a number of symptoms including :

Follow this link:
Has Your Plaintiffs' Mild Brain Injuries Gone Undetected? What the NFL Concussion Litigation means for PI