Maryland Accident Law Blog

A team of researchers are recommending that concussions should be called mild traumatic brain injuries so that this type of condition is taken more seriously. The team is concerned that many people don’t think of a concussion as an injury to the brain.

The researchers looked at the medical records of 300 children with traumatic brain injuries who were treated at McMaster Children’s Hospital in Canada. 102 of them were diagnosed with having a concussion. 385 of the kids diagnosed with a concussion actually had a mild TBI, while 24% in fact had a serious or moderate TBI.

According to Professor Carol DeMatteo of the CanChild Centre for Childhood Disability Research at McMaster University, in each case involving a child diagnosed with a concussion, the patient and their parents did not think the injury was serious. DeMatteo says this can be a problem.

According to the study’s findings, kids that were diagnosed with having concussion diagnosis spent less time in the hospital than children who were diagnosed with a mild brain injury. They also went back to school and resumed playing sports sooner than kids diagnosed with more serious brain injuries.

DeMatteo notes that if a child isn’t given enough time to recover, more concussions may occur and the risk of permanent brain damage increases.

Brain Injuries to Children
Brain injury is one of the most common causes of death and disability to young children. If your son or daughter suffers an injury to the head, it is important that you get medical help right away. What may appear to be a mild injury to the head may actually be a brain injury.

If your child sustained a TBI in a car crash, fall accident on another person’s property, or another kind of injury accident, you may have grounds for filing a Maryland traumatic brain injury lawsuit involving injuries to minors.

Concussion needs a new name, researchers say, Globe Life, January 17, 2010

Children and Traumatic Brain Injury, TBI Resource Guide, Centre for Neuro Skills

Related Web Resources:
Concussion, Empowered Doctor

McMaster Children’s Hospital

Continue reading "Maryland TBI: Call a Concussion a Mild Traumatic Brain Injury, Says Researchers" »

Miriam Frankl, 20, died on October 17 from the serious head wounds and other injuries she sustained during a Baltimore hit and run accident that occurred the day before. Frankl, a Johns Hopkins University student, was struck by a white Ford F-250 moving at a high speed on St. Paul Street during a hit and run Maryland truck crash. Witnesses say that the driver of the truck, a man, did not stop. Instead, he allegedly made an illegal left turn onto East University Parkway.

Frankl was placed on life support at Maryland Shock Trauma Center where she died at 2:30am the next day. Thomas Meighan Jr., the 39-year-old truck owner, was initially arrested on at least 18 driving offenses.

Witnesses say that Meighan’s truck drove erratically for hours that day, tailgating, attempting to cut off other motorists, making abrupt lane changes, running several red lights, driving at high speeds on small roads and driving the wrong way.

Most of the lesser charges have been dropped. The remaining charges against Meighan include driving on a suspended license, failure to remain at the scene of an accident involving death, failure to stop vehicle at bodily injury accident, failure to stop vehicle at death accident scene, failure to render reasonable assistance to injured person, failure to furnish required ID and license, failure to stop after accident involving vehicle damage, and failure to remain at scene of vehicle damage accident.

Police are trying to figure out whether they can charge Meighan with vehicular manslaughter in the hit-and-run death of Frankl. Meighan claims he was not driving his car on the day of the deadly Baltimore car crash that claimed the 20-year-old’s life.

Prior to the October 16 Maryland pedestrian accident, Meighan already had 21 motor vehicle convictions. 8 of those convictions were for drunk driving. Over six of the offenses took place in Carroll County.

Driver's truck terrorized Baltimore before killing student from Wilmette, Chicago Tribune, October 27, 2009

Charges pared in hit-and-run, The Baltimore Sun, October 28, 2009

Related Web Resources:
Hit and Run Maryland, Deadly Roads

Maryland Department of Transportation

Continue reading "John Hopkins University Student Dies from Injuries Sustained During Baltimore Pedestrian Accident involving Hit and Run Pickup Truck" »

Yesterday, the parents of James Becker filed a $40 million Maryland personal injury lawsuit against the Woodcroft Swim Club and D.R.D. Pool Management Inc. They are accusing the defendants of failing to recognize and respond in timely manner to their son’s near drowning accident on July 29, 2006 and of neglecting to properly resuscitate him.

According to plaintiffs Mary Becker and William J. Becker III, James, then 15, was deprived of adequate oxygen to his brain for approximately 10 minutes. Paramedics arrived at the scene 13 minutes after the teenager was discovered without a pulse. By the time that they could feel James’s pulse, he had already sustained a traumatic brain injury.

The Becker family is seeking $36 million for James, who will require special care for the rest of his life, $3 million for expenses his parents have incurred as a result of his traumatic brain injury, and $1 million for Mary Becker, who experienced the trauma of seeing her son almost drown in the pool.

James, now 18, attends a special school for children who are developmentally disabled or have special needs. He is severely disabled, unable to speak, and must use a wheelchair. He should have been attending college this year.

The attorney representing the defendants says that James sustained a traumatic brain injury not because he almost drowned but because he had a heart attack while in the pool. The defendants deny any negligence on their part.

Near-Drowning Accidents
Near drowning accidents can lead to permanent traumatic brain injuries. This type of injury occurs when the brain is deprived of oxygen for an extended amount of time. Sometimes, it can take several years to know the full effects of a brain injury sustained during a near drowning accident.

Caring for someone with a traumatic brain injury can be very costly. It can also be devastating for the victim, who may no longer be able to live a normal life.

Youth's parents sue swim club for brain damage, The Baltimore Sun, July 24, 2009

Family Of Injured Teen Sues Swim Club For $40M, WBALTV.com, July 23, 2009

Related Web Resources:
Water-Related Injuries: Fact Sheet, CDC

Injury Facts Drowning, Safe Kids USA

As close friends and family members continue to mourn movie star Natasha Richardson, questions are beginning to arise as to whether her life could have been saved if she had received medical attention for her traumatic brain injury sooner.

Richardson, 45, passed away on Wednesday—two days after she fell and hit her head while taking a beginner’s ski lesson at a Canadian ski resort. While initial reports indicated that she had been laughing and walking after the accident, new information has surfaced indicating that this may not have been the case.

Paramedics who arrived at the scene to check on her were reportedly turned away. They say, however, that the movie star wasn’t laughing and walking after the accident as was initially reported, but that she was sitting on a stretcher.

It wasn’t until Richardson began complaining of a headache that a second group of paramedics arrived at the scene to take the movie star to a local hospital. While the resort says the ambulance took Richardson away no more than an hour after the first ambulance had driven off, ambulance records indicate that this may have occurred at an even later time and that the actress was not admitted to the hospital until about four hours after she fell. Autopsy results indicate that Richardson died of an epidural hematoma, which involves brain bleeding between the skull and the cover of the brain.

Traumatic Brain Injuries
While some head injuries may seem minor, Richardson’s tragic death is a reminder of how it is so important to get medical attention as soon as possible—especially as some people who hit their heads may appear to be fine at first and then within hours their condition rapidly deteriorates to the point of death.

Symptoms of a possible TBI may include dizziness, nausea, vision problems, balance problems headaches, balance difficulties, sensitivity to light, headaches, problems communicating, and appearing “out of it.”

Richardson’s fall accident on a beginner’s ski slope is also raising the issue of whether it is important for skiers and snowboarders to use helmets.

The movie star leaves behind her husband, film star Liam Neeson, her two sons, Michael, 13, and Daniel, 12, her mother, the legendary actress Vanessa Redgrave, and her sister, actress Joely Richardson.

Richardson Saw Doctors Several Hours After Fall, New York Times, March 20, 2009

Autopsy: Natasha Richardson Died From Bleeding Near Brain, SeattlePI.com, March 19, 2009

Related Web Resources:
Natasha Richardson: A death in the fullness of life, Roger Ebert, March 20, 2009

Epidural Hematoma, MUHealth.org

Continue reading "Natasha Richardson Did Not Receive Medical Attention Until Four Hours After Ski Fall Accident that Resulted in Fatal Traumatic Brain Injury" »

In Baltimore County Circuit Court, Judge Susan Souder awarded Sandra Lee Meade $250,000 for personal injuries she sustained in a pedestrian accident in an Arbutus traffic construction zone more than 5 years ago. The amount is part of a high-low agreement made between Meade and general contractor Dick Corp, with a “low” of $250,000 and a “high” of $2 million.

Meade sustained traumatic brain and spinal cord injuries after she was hit by a car while crossing Westland Boulevard, which was undergoing construction, on December 3, 2003. She now lives in a Maryland nursing home.

While police placed the fault for the pedestrian accident with Meade for crossing the street illegally—she tried crossing the street diagonally to catch the bus to work—Meade’s Maryland car accident lawyer accused Dick Corp. of failing to put in place a maintenance of traffic plan. He noted the "willy-nilly" placement of barricades and lines that were incorrectly painted on the road.

The car driver, who says he did not see her until she was on his vehicle, was not charged in the accident. He is not named as a defendant in Meade’s Maryland personal injury lawsuit, which her sons filed against Dick Corp. The lawsuit sought $8 million in damages on her behalf. Following the Maryland personal injury trial, a Baltimore County jury found general contractor Dick Corp. negligent but not responsible for Meade’s Maryland pedestrian accident.

High-Low Agreements
In a high-low agreement, the defendant and plaintiff are in accord that a case’s verdict will be no more than a set maximum and no less than a set minimum. If the jury verdict reached is greater than the “high” set by the agreement, the plaintiff receives no more than the maximum amount agreed upon with the defendant. If the verdict is below the “low” set by the agreement, then the plaintiff receives no less than the agreed upon minimum.

Woman struck in work zone to get $250K, The Daily Record, November 16, 2008

Related Web Resource:

National Highway Traffic Safety Administration

The US Centers for Disease Control and Prevention is reporting that 56,000 seniors age 65 and older were hospitalized in 2005 because of traumatic brain injuries sustained in fall accidents. Nearly 8,000 people died as a result of these TBIs. The study results were published in this June’s issue of the Journal of Safety Research.

TBIs were a factor in the 50% of accidental fall deaths and 8% of non-fatal fall-related hospitalizations involving seniors. The older people are, the greater their chances of becoming involved in a fall accident. Poor balance, chronic health issues, loss of sensation in the feet, muscular issues, eyesight problems, vision loss, and medication side effect have been known to contribute to an elderly person getting hurt in a fall accident.

According to CDC National Center for Injury Prevention and Control Director Ileana Arias, while most people worry that older people will break a hip when they fall, traumatic brain injuries are also a serious worry. It doesn’t help that traumatic brain injuries among seniors can easily be misdiagnosed or missed.

Falls are the number one case of injury and death for seniors age 65 and older. 1 out of 3 elderly Americans will get hurt in a fall accident every year. 30% of fall accidents require the victim to seek medical care.

In 2005:
• Almost 16,000 seniors died from fall accidents.
• 1.8 million seniors were seen at hospital ER’s.
• 433,000 seniors involved in fall accidents were hospitalized.

Slip and Fall Accidents
Seniors can be especially prone to injury if the owner of a property or business is negligent and neglects to repair or clean up a hazardous condition that could result in a slip/trip and fall accident.

In Maryland and Washington DC, our slip and fall accident lawyers can determine whether the premise owner/manager could have done more to prevent your fall accident from happening.

Senior Falls Can Lead to Brain Injury, WashingtonPost.com, June 24, 2008

Prevent Brain Injury, CDC.gov

Related Web Resources:

US Centers for Disease Control and Prevention

Traumatic Brain Injuries, National Institute of Neurological Disorders

Continue reading "Seniors Injured in Fall Accidents Can Suffer from Traumatic Brain Injuries" »

In California, San Francisco General Hospital has agreed to pay $5.1 million to settle a medical malpractice lawsuit filed by a patient who was seriously injured after hospital staff gave him the wrong medication. San Francisco supervisors approved the settlement amount on Tuesday.

According to court documents, John Weatherspoon III, then 40, sought treatment at the hospital for a cough and a fever in 2005. Hospital staff diagnosed him with renal failure and gave him sedatives. Due to the alleged failure of the staff to monitor the doses he received, he suffered cardiorespiratory failure and sustained an anoxic brain injury.

The lawsuit accused the hospital of breach of medical professional. The city has admitted to mishandling Weatherspoon’s case.

Weatherspoon now requires full-time medical attention. The settlement will pay for his medical care for life. He also recently settled a medical malpractice lawsuit with University of California for $250,000. UCSF doctors are among the personnel that work at San Francisco General Hospital.

Wrong Diagnosis
Unfortunately, the wrong diagnosis of a patient’s condition is not an uncommon occurrence. Misdiagnosing a patient’s symptoms can prove fatal—especially when someone is given the wrong medication because the diagnosis was incorrect. Wrong diagnosis, delayed diagnosis, and failure to diagnosis can be catastrophic.

In Maryland and Washington D.C., our personal injury lawyers handle serious medical malpractice cases and traumatic brain injury cases. Do not hesitate to contact our Maryland law firm for your free consultation with an experienced medical malpractice attorney or one of our traumatic brain injury lawyers.

$5 million OKd to settle S.F. malpractice case, SFGate.com, April 30, 2008

City Hall Watch: Board backs big settlement in lawsuit, Examiner.com, April 30, 2008

Related Web Resources:

San Francisco General Hospital

Brain Anoxia or Hypoxia, Healthlink.mcw.edu

Continue reading "Hospital Settles Medication Error Medical Malpractice Lawsuit For $5.1 Million" »