Articles Posted in Traumatic Brain Injuries

In recent years, the National Football League and the National Hockey League have faced very public litigation regarding head injuries sustained by the professional athletes in each respective sport.  However, the World Wrestling Entertainment Inc. (WWE) is now involved in its own series of lawsuits with plaintiffs claiming brain injuries.  Jimmy “Superfly” Snuka and numerous other former wrestlers are suing WWE claiming the business concealed the long-term effects caused by brain injuries sustained in and out of the ring.  Specifically, plaintiffs are alleging the WWE failed to care for their recurrent head injuries “in any medically competent or meaningful manner,” as well as for hiding the long-term effects that such injuries could cause.  The complaint was filed in federal court on Monday in New Haven, Connecticut and stated that WWE “placed corporate gain over its wrestlers’ health, safety and financial security, choosing to leave the plaintiffs severely injured and with no recourse to treat their damaged minds and bodies.”  WWE made a statement stating its confidence that the case will be dismissed.  “This is another ridiculous attempt by the same attorney who has previously filed class action lawsuits against WWE, both of which have been dismissed,” WWE said.  “A federal judge has already found that this lawyer made patently false allegations about WWE, and this is more of the same.”

WWE matches are unlike most other sports.  As the suit notes, these matches involve moves that are “scripted, controlled, directed and choreographed” by WWE.  The head injuries sustained by many of the wrestlers are a direct consequence of such moves.  Two moves in particular that are particularly risky for head injuries are the “body slam” and the “piledriver.”  In a “body slam” one wrestler picks up the other and literally slams him into the ground.  A “piledriver” was a common move in the past but has been banned in most cases and involves one wrestler turning the other upside down so that he can drop him head first to the mat.  The wrestlers who are suing the corporation are claiming it consciously disregarded and concealed “medically important and possibly lifesaving information” about neurological conditions, Chronic Traumatic Encephalopathy for example, that most often appear in athletes who participate in contact sports where head trauma is frequent.  In the suit, the wrestlers claim “the WWE knows that its wrestlers including the plaintiffs are at great risk for these diseases such as CTE that can result in suicide, drug abuse and violent behavior that pose a danger to not only the athletes themselves but their families and community, yet the WWE does nothing to warn, educate or provide treatment to them.”  Because the wrestlers are independent contractors, rather than employees, they don’t have the normal medical benefits that other people and athletes have, says Daniel Wallach.  He goes on saying, “They completely fall through the safety net. They’re in worse shape than retired professional football players or retired hockey players. They’re the most disposable athletes in the sports and entertainment business.”  Continue reading

Sports-related concussions (SRCs) and mild traumatic brain injuries (mTBIs) are a concern among student athletes, especially those engaged in high impact sports such as football, soccer, and rubgy. These injuries can cause both physical and cognitive symptoms, but they can also result in serious psychological and emotional issues. The focus has long been on physical symptoms such as headaches and fatigue, and neurocognitive problems with concentration and memory. However, ignoring the emotional trauma that may follow SRCs and mTBIs can be especially detrimental for student athletes. At such a young age, they may lack the life experience and confidence to speak out about their suffering. Contact a Boston Injury Attorney.

Psychological and emotional symptoms may begin to appear soon after the injury, or they may not surface until during the athlete’s recovery phase. The athlete may experience depression, fatigue, and a strong sense of loss. This may mean a loss of skills or control, or simply the loss of normalcy. He or she may also feel afraid and vulnerable, which can lead to an overwhelming sense of anxiety about what comes next. A young athlete may simply describe these emotions as “not feeling like myself,” and it is common for parents, teachers, and coaches to assume that this is the normal course of events following an injury. In some cases, this may be true. However, it is important to keep an eye on an injured athlete. Close monitoring by doctors, teachers, and parents of both physical and emotional symptoms is essential to a student athlete’s full recovery following a SRC or mTBI.

Non-Physical Symptoms of SRCs and mTBIs Continue reading

A wheelchair device that was supposed to prevent wheelchairs from rolling off a vehicle has left one man with serious permanent injuries. Miguel Colareta, who was suffering from a progressing neurological order, had just backed his wheelchair onto the lift of a Paratransit van in 2012 when the lift malfunctioned, causing him to fall to the ground.

Colareta, who is 64, sustained a broken vertebrae and a traumatic brain jury. He is now a quadriplegic and lives in a nursing home.

Following the catastrophic accident, Colareta filed a personal injury case seeking damages for negligence and products liability. Apparently the device that was supposed to keep his wheelchair from coming off the lift was recalled just prior to the incident because of a defect.

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A ruling issued by a federal appeals court in a wrongful death case on a cruise ship could pave the way for medical practice lawsuits for claims alleging negligent healthcare on these types of vessels. This could be significant for cruise ship passengers, who for the last century have been unable to pursue such allegations because of exemptions that have been created through a number of other court decisions. Some 21 million people go on cruises every year.

Now, a three-judge panel of the 11th U.S. Circuit Court of Appeals has decided that the last ruling, known as Barbetta, in 1988 is outdated. The decision in Barbetta determined that cruise ship passengers shouldn’t expect the type of medical care that they would get on land, and medical staff on cruise line vessels are private contractors and not ship employees.

This latest case involves a traumatic brain injury sustained by Pasquale Vaglio on a Royal Caribbean cruise in 2011. After the 82-year-old was involved in a fall accident during a sightseeing trip, a nurse performed a minor exam on him and ordered the older man to rest. Vaglio died from a brain injury days later.

The U.S. Consumer Product Safety Commission has voted to start a rulemaking process that would protect kids from the strangulation hazard that comes with window coverings with exposed or dangling cords. October is Window Covering Safety Month.

A child’s neck can get caught and tangled up cord, resulting in strangulation or suffocation. Some children that are lucky enough to survive such an incident are left with permanent brain injuries.

According to the CPSC, between ’96 and ’12 approximately 184 young children and babies died from window cord strangulation. There were over 100 non-fatal strangulation accidents involving the cords of window shades and blinds during that time period, with 1,590 kids needing medical care because of incidents involving these products.

The parents of baby Rylan Koopmeiners are suing Waltham, Massachusetts-based Care.com and babysitter Sarah Gumm for wrongful death. The 3-month-old baby died while under Gumm’s care at her Illinois home in 2012. The couple found her through the website.

Gumm, who is behind bars, is charged with first-degree murder in the tragic incident. She allegedly caused the fatal injury that killed Rylan. .

Reggan and Nathan Koopmeiners are accusing Care.com, a caregiver screening website based in Massachusetts, of failing to disclose that Gumm had a prior record, which included two drunk driving citations. The couple said the site was supposed to do a background check on her.

A group of former hockey players are seeking financial compensation for head injuries they sustained while playing in the NHL.

Retired NHL players Dave Christian, Reed Larson and William Bennett are hoping to target the violence in hockey where they believe their injuries were sustained. The players filed a class-action lawsuit last week alleging that the National Hockey League promoted fighting while subsequently downplaying the risks for head injuries associated with the [promoted] violence.

Charles Zimmerman, who filed the class action lawsuit on behalf of the three players, stated that ultimately a change to glorified violence in the game is what may come of the lawsuit. This lawsuit is similar to the one brought forth by former NFL players who are seeking monetary compensation for their long-term injuries which resulted from repeated head traumas, as well as increased medical monitoring. The NHL’s deputy commissioner Bill Daily said that the organization is not surprised by the lawsuit.

“As we have indicated earlier, another lawsuit of this type is not unexpected,” Daily said. “It’s the nature of these types of cases that once one is filed, a number of similarly styled cases follow. Nothing changes our belief that all of these cases are without merit and they will be defended accordingly.”

Currently there is a $765 million settlement pending against the NFL, which still needs approval by the case’s judge. Last Thursday, U.S. District Judge Anita Brody said she fears the $765M fund might not be sufficient enough to cover the thousands of victims impacted by head traumas. Judge Brody ordered both parties to address several issues with the settlement, which had been preliminarily agreed upon last summer. Many also believe that the attention of this case has prompted NHL players to seek damages relating to concussive injuries.

Zimmerman said that the main aspect of his clients’ case against the organization is that there is “knowledge that these types of injuries were known and protections were not put in place appropriately enough or fast enough and rules changes were not implemented in fighting.” He argued that his clients and other present athletes were (and are) at risk of suffering serious injuries because of the demands of their sport. He believes rules ultimately need to be changed and that his clients should be compensated for being exposed to unaddressed risks.
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A normal day at the Auburn Mall in March of 2011 turned into a scene that will play over and over in the minds of Mark DiBona’s parents for many years. Four-year-old Mark was riding the escalator in Sears when he slipped through a space between the railing and the escalator and fell 18 feet on to the top of a displace case on a lower floor. The young boy sustained serious head injuries and passed away the next day.

The DiBona family was devastated by the loss and filed suit against Sears, Simon Property Group Inc., Schindler Elevator Corp. and Botany Bay Construction, according to CBS Boston. According to their lawyer, the family finds all four companies were negligent and were responsible for the death and suffering of their beloved little boy. The family claimed the escalator was in “dangerous and defective” condition and was in “violation of state building codes, escalator safety standards and the industry standards established by the American Society of Mechanical Engineers (CBS Boston).”
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The Brain Injury Association of Massachusetts (BIA-MA) has recently celebrated 30 years of helping victims of brain injuries. The initial chapter of the BIA-MA was started in Framingham, Massachusetts by concerned parents of children who suffered from head injuries. At the time, the community wasn’t ready to handle or equipped to serve individuals with brain injuries. There is now a Brain Injury Association of America with chapters in more than 40 states.

BIA-MA: Just the Facts

• The BIA-MA helps more than 60,000 kids, teens and adults in the Commonwealth.
• They offer 34 support groups for family members, survivors and caregivers.
• They also work with communities and justice officials to help promote safety and awareness for risk-taking behaviors involved with first-time offenders who have suffered from traumatic brain injuries (TBI’s).
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At Altman & Altman, LLP, our Boston personal injury lawyers also represent the families of kids injured in non-traffic related Massachusetts car accidents that were caused by another negligent party, including incidents involving:

Backover Accidents

This type of car accident often occurs when a vehicle is backing out of a parking space or driveway. The motorist may not realize that a child is behind the car. According to KidsandCars.org, about 50 kids are involved in US backover incidents every week, resulting in about 48 injuries to minors and two deaths. Boston backover accidents are more likely to occur when there is a larger size vehicle involved, such as an SUV, van, or truck. The bigger size can make rear visibility harder for the driver.

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