Oregon Injury Lawyer Blog

March is National Brain Injury Awareness Month, an appropriate moment to remind ourselves of the dangers that can accompany many otherwise fun and healthy activities. CBS Sports touches on this with the harrowing story of a teenager who sustained a concussion playing middle school football. Because the injury was not properly evaluated on the field Zachary Lystedt, then 13, returned to the game, with devastating consequences.

According to CBS, the teenaged Tahoma, Washington linebacker “writhed on the ground” after an initial hit near the end of the first half of a 2006 game. He returned to the field after halftime, but as the game ended collapsed in pain, his eyesight gone because swelling in his brain was cutting off an optic nerve. The teenager was rushed to the hospital where he spent a month in a coma, and another 20 months on a feeding tube. Today, “he has very little feeling and movement on his right side and remains dependent on a wheelchair,” according to CBS.

As he recovered Lystedt became an advocate for stronger rules governing student athletes and potential traumatic brain injuries. Last year Washington’s legislature passed a law, named in his honor, establishing “the most stringent return-to-play protocols of any state in the country,” according to CBS. Among other things, the law bars student-athletes who suffer a suspected concussion from returning to the playing field until they have been examined and cleared by a licensed medical professional. Lystedt now spearheads an effort to get similar legislation adopted in all 50 states, and possibly at the federal level.

The lingering effects of an Oregon traumatic brain injury can be devastating for friends and loved ones, as well as for the victim him or herself. If you, or a loved one, falls victim to an Oregon traumatic brain injury consulting with a Portland traumatic brain injury attorney at your earliest possible opportunity is an important early step toward protecting your rights and examining the legal implications of the injury and the circumstances surrounding it.

CBSSports.com: Young player helps turn trauma into action on concussions

Brain Injury Association of America: 2010 Brain Injury Awareness Month Homepage

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Posted In: Traumatic Brain Injuries

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New parents have been told for years to use rear-facing car seats until their babies turn one year old and weigh 20 pounds, after which front-facing child seats are the norm. But data from both Oregon and the federal government are leading medical and safety professionals to reassess this long-held belief, according to state publications and a recent article in the Bend Bulletin.

Expert opinion is coalescing around the idea that children should face backwards until they are at least two years old, the Bulletin reports. Oregon’s Public Health Service adds that “children under the age of two are 75% less likely to be killed or severely injured in a motor vehicle crash is they are riding rear facing rather than forward facing.”

There is an especially great danger of Oregon traumatic brain injuries and spinal cord injuries when young children are not properly restrained in an approved car seat. The Bulletin, citing child emergency physician Dennis Durbin, notes that “young children have weaker neck muscles than older children and adults. Their ligaments are looser. And the bones in the neck aren’t locked together in the same way as an adult’s.” These physiological factors put small children at a significantly higher risk of traumatic brain injuries when they are in a forward-facing car seat. Rear facing seats are safer because in a crash they tend to provide more support for a child’s neck and back.

In the horrifying event that your child suffers an Oregon traumatic brain injury as the result of a Portland, Beaverton or Corvallis auto accident the assistance of a Portland traumatic brain injury lawyer can be essential in helping you sort through the accident’s legal and financial consequences. An Oregon brain injury attorney can help address questions of fault and financial responsibility, and advise on compensation to which you may be entitled.

Bend Bulletin: Rethinking Car Seat Safety

Oregon DHS Public Health Office: Link to August 25, 2009 newsletter on car seats

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Posted In: Injuries to Minors , Spinal Cord Injuries , Traumatic Brain Injuries

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An Oregon bicycle and car accident in which a Portland man allegedly intentionally hit a cyclist is being heard in the Clatsop County courts. Prosecutors say the 23 year old driver “just took off” after hitting a cyclist in Seaside, according to TV station KVAL. The station reports that the suspect was found hiding in the woods after abandoning his truck near the scene of the accident.

The Oregonian reports that the cyclist was seriously injured in the incident, and that the driver has been charged with attempted murder, first-degree assault and felony hit-and-run. Bail was set at $250,000.

The accident is a reminder of the importance of both cycling safety, and of the need for the strict enforcement of laws requiring motor vehicles to share the road with law-abiding Oregon bicycle riders. Drivers who intentionally run down cyclists are, mercifully, rare. Far more common, however, are careless motorists who simply do not pay as much attention as they should to Oregon bike riders. A Portland bicycle injury lawyer can advise cyclists who have been hit by cars – whether accidentally or intentionally – on their legal rights and whether they are entitled to damages to cover expenses incurred as a result of an Oregon cycling accident involving a car or truck. Such accidents can be especially dangerous, since Portland cyclists hit by a car stand a significant chance of suffering an Oregon traumatic brain injury.

Oregon’s high quality of life is based, in part, on our state’s bicycle-friendly reputation. Bikes are entitled to share the roads with cars, and the legal system offers remedies for bikers who find that motorists are not holding up their end of the law.

The Oregonian: Portland-area man accused of deliberately running down a bicyclist on U.S. 101 near Seaside

KVAL.com: Oregon man accused of intentionally hitting cyclist with car

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Posted In: Bicycle Accidents , Motor Vehicle Accidents , Traumatic Brain Injuries

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The men’s hockey tournament at the Vancouver Winter Olympics got underway last night. As a recent article in the New York Times details, though many of the players appearing in the Olympics come from the NHL, hockey played under international rules – including all games in the Olympics – differs in several significant ways from the game Americans are accustomed to seeing. Many of the rule changes are designed to minimize traumatic brain injuries.

As the newspaper writes: “The biggest difference is on checks to the head. While the N.H.L. continues to debate whether some hits to the head should be penalized, the I.I.H.F. (hockey’s international governing body) has outlawed them.”

Another obvious difference: international hockey – like college hockey here in the States – shows no tolerance for on-ice fighting. More subtle differences include rules requiring visors and the use of chin straps on players’ helmets, and mandating that a player whose helmet comes off leave the ice immediately.

Taken collectively, the rules demonstrate a pronounced concern for player safety and a desire to prevent traumatic head injuries. The result will be games that, while hard-hitting, more closely resemble what one sees regularly in Oregon and elsewhere at the college level, as opposed to the NHL or other North American professional leagues.

These rule differences will come as a relief to anyone who has ever contemplated the effects of an Oregon traumatic brain injury and the effect it can have on a loved one’s life. If a loved one has been the victim of a Portland brain injury, whether through sports or as the result of an auto or bicycle accident, consulting with a Portland, Oregon traumatic brain injury attorney is a painful, but essential, step in the process of rebuilding a family’s life. Depending on the nature and circumstances of the injury your family, or loved one, may be entitled to compensation that will help cover medical bills, lost wages or other expenses.

New York Times: At Olympics, an NHL rink, but not an NHL style

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The venerable CBS Sunday morning show Face the Nation took a break from politics today to talk, with NFL Commissioner Roger Goodell as the program’s main guest. Among the topics on the agenda: traumatic brain injuries, a subject that has been much in the news here in Oregon with the recent enactment of laws aimed at lessening the number of Oregon traumatic brain injuries sustained through youth sports, including football.

This is an issue I have written about before (see this post from last November), and one which has caused the NFL a certain amount of public relations trouble in recent months. On CBS, Goodell rejected any suggestion that the NFL has been, as host Bob Schieffer put it, “late to recognize” the seriousness of concussions and brain injuries as a problem at the professional level. The commissioner said the league has been on top of the issue “since the mid-90s”; adding: “Medical science is still trying to determine what are the long-term effects of concussions. How do you treat these?”

This is a position with which some might take issue. As I noted in November, the league is working to counter accusations it ignored or downplayed the seriousness of concussions in football for years. When Schieffer pointed out that the NFL’s own studies show that football players are five times more likely than members of the general population to suffer brain injuries or memory loss and that among 30-49 year olds that figure rises to 19 times the average, Goodell was quick to dismiss the very NFL studies he had been touting as examples of League responsibility a few minutes earlier. “This wasn’t a medical survey,” he said.

Oregon’s leadership on the issue of brain injuries has recently been praised by outside activists. Our new laws, however, are not likely to eliminate Oregon brain injuries entirely. If a tragedy like this befalls a member of your family, or if you believe a sports injury sustained years ago is now manifesting itself in the form of memory loss, it is important that you contact an Oregon traumatic brain injury lawyer at the earliest feasible time. The process of safeguarding your rights begins with an understanding of where you stand in legal terms. Every situation is different, but a Portland sports injury lawyer can help in sorting through the difficulties of your particular circumstances.

Face the Nation web page (includes video of the full interview with Goodell)

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Posted In: Traumatic Brain Injuries

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A recent New York Times article highlights an area where Oregon and other Pacific Northwest states are leading the nation: laws and policies recognizing the growing seriousness of concussions and other brain injuries in sports.

As the paper notes, “last year Washington and Oregon passed the first concussion-specific laws covering scholastic sports.” As I have previously noted (see this blog entry from November), traumatic brain injuries are increasingly being acknowledged as a problem, particularly in professional football. The Times notes that Florida Governor Charlie Crist is trying to use the fact that the Super Bowl is being played in his state this week to spur his own legislature on to passing brain injuries legislation. The Oregon brain injury laws, however, are among the first in the nation to acknowledge the extent to which this problem also exists in college, high school and even youth sports. The Times notes that traumatic brain injury laws focusing on student-athletes are currently being considered by legislatures in Massachusetts, New Jersey and New York, as well as Florida.

The Winter Olympics, due to begin February 12 in Vancouver, Canada, may also bring some of these issues into focus. As a recent Los Angeles Times article recounts, several top American snowboarders have recently been seriously injured, including Kevin Pearce, widely considered a possible gold medalist in half-pipe but hospitalized in Utah since December with a severe brain injury sustained during training.

If you or a loved one have been the victim of an Oregon traumatic brain injury it is important to consult with a Portland personal injury lawyer as soon as possible after the incident. Treating Oregon traumatic brain injuries can cost thousands of dollars. If someone else – by either through their actions or through negligence – is responsible for a brain injury the injured party may be entitled to compensation.

New York Times: States taking lead in addressing concussions

Los Angeles Times: Snowboarder Shaun White’s new Olympic reality: It’s no cakewalk

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Posted In: Traumatic Brain Injuries

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The New York Times reports today that the two doctors leading the NFL’s study of concussions and other head injuries have quit following charges that they do not take evidence of mounting long-term brain injuries among professional football players sufficiently seriously. It is a development with resonance for those battling Oregon traumatic brain injuries.

As the paper notes, one of the doctors, Ira Casson, has been a member of the league’s committee on brain injuries since 1994 and has co-chaired the committee since 2007. According to the paper, “Casson has been the league’s primary voice discrediting all evidence linking football players with subsequent dementia.” He has recently been criticized both by the families of former NFL players and by members of Congress.

At issue, and of interest to those of us outside the world of professional football, is whether the accumulation of repeated, more minor, head injuries can add up to a traumatic brain injury over time. One need not take the sort of punishment football players endure every week to be in a situation where the sum of many concussions is greater than the damage done by the individual parts.

The issue of Oregon traumatic brain injuries has also been on the local agenda here in the Portland area during 2009. This summer the governor signed an Oregon traumatic brain injury bill mandating that insurers cover medically necessary cognitive therapy for those suffering from Oregon traumatic brain injuries. Another law signed at the same time mandates education for high school football coaches in the hopes of cutting down on Oregon traumatic brain injuries at the high school level.

Despite the new legislation, the ongoing debate in the NFL highlights the extent to which brain injuries remain a subject of controversy. A Portland traumatic brain injury lawyer can help you or your loved ones sort through the changing legal landscape and claim the damages to which you are entitled if you believe you or a member of your family has suffered an Oregon brain injury.

CNN: NFL needs help in policy to deal with dangerous concussions

New York Times: NFL head injury study leaders quit

Resource:
Brain Injury Association of Oregon

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Natasha Richardson, who died this month from a traumatic brain injury, was just 45-years-old. The movie star was young, talented, had a loving husband and two young boys, and no one expected her to die so suddenly and unexpectedly—after a fall on a beginner’s ski slope.

Richardson struck her head, and although there are reports that she initially turned down an offer for medical attention—it wouldn’t be until a second ambulance arrived at the ski resort that she was finally whisked away—one can’t help but wonder how her life’s story would have turned out if she or someone else had known enough to insist that she receive medical care immediately.

Autopsy reports indicate that the movie star died because of a blunt impact to the head that resulted in an epidural hematoma. This kind traumatic brain injury can cause the brain to swell and bleeding to occur. It can also take awhile for symptoms of this TBI to appear, and if too much time passes, this injury can prove fatal.

Common causes of an epidural hematoma include fall accidents, assault incidents, motor vehicle crashes, motorcycle accidents, and slip accidents. Of course, there are other kinds of traumatic brain injuries that can also occur from these kinds of accidents.

The sooner someone with a TBI or another kind of head injury gets medical attention—even if the injury appears mild or minor—the faster any potentially serious condition can be diagnosed and the more time there will be to prevent the injury from becoming catastrophic or fatal.

A person who survives an accident with a serious brain injury could end up permanently impaired and debilitated and, depending on the seriousness of the TBI, require ongoing, costly medical care. The financial and emotional toll on the TBI patient and his or her family can be tragically life changing, which is why, if someone you love sustained a traumatic brain injury in an Oregon accident that occurred because another party was negligent, you should speak to a Portland personal injury lawyer as soon as possible.

Richardson died during Brain Injury Awareness month.

911 Calls Show Urgency Of Richardson Fall, CBS News, March 31, 2009

Actress Natasha Richardson buried in Upstate New York, Chicago Tribune, March 23, 2009

Related Web Resources:
Brain Injury Awareness Month 2009

Brain Injury Association of America

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Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Traumatic Brain Injuries

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