Injured - The FindLaw Accident, Injury and Tort Law Blog

Brain Injuries

Brain Injuries can be the result of car crashes, amusement park rides, sports activities, falls, or work-related accidents. Quite often, these injuries result in bruising of the brain, tearing or swelling. They can lead to permanent disability or other problems. Brain injury lawsuits are considered personal injury lawsuits and are usually argued under negligence theories or under theories of products liability. In some cases, they may even be the result of intentional torts and be argued under assault or battery theories.


Recently in Brain Injuries Category

Last week, a federal court judge in Pennsylvania awarded a massive $42 million verdict to the parents of a child severely injured during birth in 2012. The multi-million dollar verdict is meant to provide for the child who suffers permanent injuries that will require a lifetime of specialized medical care. Additionally, the award, which is being described as the largest ever medical malpractice verdict out of that judicial district, will be paid out by the federal government as the injury occurred at a federally funded facility.

The bulk of the award, $33 million, is to be set aside for future medical care, which could involve full-time institutionalization as an adult. The rest of the award is meant to compensate for pain and suffering, lost earning capacity, as well as past medical expenses.

Unfortunately for one Kentucky teen, playing sword baseball with a water-bottle resulted in a severe accidental injury that is now the subject of a product liability lawsuit. While the teen was playing with friends by using a sword as a bat, and hitting plastic water bottles with it, the sword came apart, and the blade struck the teen in the head.

The teen was in a coma for over a month, and had to undergo numerous medical procedures. Despite all this already, it is expected that his recovery will require lifelong medical care. His parents have filed a lawsuit against the sword’s manufacturer as a result of a product defect.

A crash during the final lap of 2013 race at the Daytona International Speedway sent driver Kyle Larson's car airborne into the catch fence and debris flying into the grandstand. Some of that debris struck Allen Davis in the head, causing a catastrophic, traumatic brain injury.

Davis sued NASCAR and Daytona's parent company, International Speedway Corp., and was seeking NASCAR's investigation report of the accident. But the two parties settled out of court, allowing NASCAR to keep the report under wraps.

Cerebral palsy is an umbrella term that refers to a number of disorders affecting a baby's brain function and body movement, caused by an injury or lack of oxygen flow to a baby's brain in the womb, during delivery, or sometime after birth. While in some cases there may be no way to tell how or why the injury occurred, in others injury or lack of oxygen could be the result of negligence by the treating physician or obstetrician.

If that's the case, obstetricians may be liable for birth injuries like cerebral palsy. Here's what you need to know.

A Salem, Oregon teen is suing his former school district after he suffered a traumatic brain injury as a result of slipping in another student's vomit on the basketball court. The lawsuit alleges that after a student vomited on the basketball court, the area was either not properly cleaned or not properly dried, and 15 year old Robert Amarillas, while playing basketball during an open gym session, slipped and fell on the vomit, or liquid left behind after cleaning it up.

The school district issued a statement in response to the previously filed lawsuit by Mr. Amarillas, which appears to have been voluntarily dismissed and just recently refilled. In their response, the district asserts that Mr. Amarillas was to blame for his own injuries, or perhaps someone else's misconduct was to blame. This case is not a typical negligence case as it involves not only premises liability, but school premises liability.

Doctors have recently observed that domestic violence survivors are prone to the same neurological condition that retired NFL players are suffering: CTE. Chronic traumatic encephalopathy is a degenerative condition that causes cognitive decline, loss of muscle and emotional control, headaches, memory loss, and more. CTE is understood to be caused by repeated blows to the head.

While CTE would seem to primarily affect athletes who play contact sports, the results, showing that domestic violence victims frequently suffer from the same condition at similar or higher rates, are troubling. Studies have shown that 60 percent of domestic assault victims are diagnosed with traumatic brain injuries.

Last October, during fraternity’s outdoor party at USC, an attendee was hit in the head by a drone that was photographing the event. Not much is known about how the injury occurred. However, what is known is that the drone was being operated by the third party event production company known as Perfect Event Inc.

The drone’s impact on the head of the victim caused her to almost immediately start bleeding profusely, though she did not lose consciousness. The lawsuit, against both the fraternity as well as the event production company, alleges premises liability and negligence.

Like most of us, 60-year-old Etelvina Jimenez thought she was doing the healthy thing by hopping on a gym's treadmill to get some exercise. But when Jimenez fell she joined nearly half a million Americans who are injured by exercise equipment every year.

Jimenez's brain injuries were severe and now she's suing the gym, claiming it violated safety standards by placing treadmills too close to other equipment.

By now most parents have heard about the danger of concussions in sports like football and hockey. But parents trying to keep their children safe from head injuries need to be concerned with more than contact sports. A new Centers for Disease Control and Prevention study found around 21,000 kids aged 14 and younger suffer traumatic brain injuries including concussions on playgrounds every year.

The study also found that the rate of concussions was rising among children, from 23 out of 100,000 in 2005 to 48 out of 100,000 in 2013. While the CDC isn’t sure what’s causing the rise in traumatic brain injuries, it is recommending “improved adult supervision, methods to reduce child risk behavior, regular equipment maintenance, and improvements in playground surfaces and environments.”

Brain Injury: Military Studies and Legal Recovery

A brain injury can easily happen to anyone for any number of reasons. Adventurers, athletes, accident victims, babies during birth, kids at play, and military veterans, are all at risk. But treating head trauma is very difficult, and the best bet is to prevent it.

Now Defense Department scientists are focusing on pinpointing how brain cells change after experiencing explosions to learn how to improve protective equipment. Let’s consider their experiments and legal recovery for brain injury.