Published on:

Brain Injury And Car Accidents – Brain Injury Lawyer Paul S. Padda

Following a car accident, many people experience pain in their back and assume that their injuries are limited to the spinal column. While this is often true, advances in technology and medical testing are leading many doctors to also explore the possibility of brain trauma. Often, injuries to the brain can be subtle and difficult to detect and discern. A good doctor examining the victim of a traumatic event will always be on the lookout for potential brain injury.

According to the Brain Injury Association of America (www.biausa.org) the statistics involving brain injuries are sobering. Of the 1.7 million people who sustain a traumatic brain injury each year in the United States:

Published on:

Earlier last month, a 17-year-old high-school football player died after he was injured in the final play of the game. According to one local news source, the boy was able to make it off the field initially but then collapsed. He was shortly thereafter pronounced dead. The cause of death, according to the medical examiner, was “blunt force trauma to the head due to a football accident.”

football-1199159.jpgThis tragic death marks the seventh high-school football player to die this year. Last year, there were 11 such deaths. Most of these deaths occur after the player sustains a head or spine injury, according to the National Center for Catastrophic Sports Injury Research at the University of North Carolina. The remaining deaths are caused by indirect factors not related to physical trauma.

Why Are the Death Rates So High?

Anyone following the news recently will recall that professional football has been under intense scrutiny as of the past few years for the myriad injuries – both immediate and long-term – suffered by players. On the high-school level, the instances of injury are even higher. In fact, according to the American Journal for Sports Medicine, high-school players are three times more likely to suffer serious injury than professional athletes.
Continue reading →

Published on:

Earlier this month in Las Vegas, a pedestrian was hit by a pick-up truck and sustained serious injuries, including head trauma and skull fractures. According to one local news report, the accident took place at a marked crosswalk at Lindell and Spring Mountain. The driver involved did remain on the scene and has been cooperating with police.

mri-head-scan-1439617.jpgEvidently, the pedestrian was at a marked crosswalk, but it is unclear if she had activated the “walk” signal. Witnesses to the accident told police that the women seemed to have jumped from the curb, although that is not yet confirmed through the police investigation.

Regardless, the woman suffered serious injuries, including a fractured skull and head trauma. At the time of the article’s publication, the victim was not yet responsive.
Continue reading →

Published on:

Last year, actor and comedian Tracy Morgan was involved in a six-vehicle accident that ended up claiming the life of his dear friend, James McNair. In addition, Morgan suffered broken ribs, a broken nose, a broken leg, as well as a traumatic brain injury. However, according to one recent news article, the comedian has made great strides in his progress and has recently begun taking the stage again, most recently with an emotional speech at the Emmy’s.

truck-1463074.jpgThe Accident
Back in the early morning hours on June 7 of last year, Morgan was riding in a limo with his entourage leaving Atlantic City and heading back to New York. The group was heading north on the New Jersey Turnpike when they were slowed down by construction. The limo was topped in traffic when a 2011 Peterbilt truck that was owned and operated by Wal-Mart struck the back of the group’s limo.

Evidence that has been collected since the accident showed that the driver of the truck was traveling between 10-20 miles per hour over the speed limit at the time of the accident. It was also later discovered that the driver of the truck had not slept in the 24 hours preceding the accident.
Continue reading →

Published on:

Earlier this month, an appellate court in neighboring California reversed the decision of a lower court that dismissed a plaintiff’s case against the gym where she was injured while she and her husband were working out. In the case of Chavez v. 24-Hour Fitness, the plaintiff suffered a traumatic brain injury at a 24-Hour Fitness location when the back panel of a workout machine came loose and struck her in the head. The woman and her husband sued the gym, alleging that it was negligent in performing the required maintenance to the machine to ensure that such accidents did not occur.

pink-fitness-center-1432405.jpgThe Facts of the Case
According to the court’s opinion, after the woman sustained a traumatic brain injury, she suffered from “lapses of consciousness, severe headaches, photophobia, poor memory, stuttering, dizziness, nausea, changes in her ability to taste, decreased appetite, and personality changes.” She and her husband filed suit against the gym, alleging claims of ordinary and gross negligence, product liability, and premises liability.

24-Hour Fitness could not locate the person responsible for the routine maintenance, since he was no longer an employee. However, other employees were called and testified that the machines were routinely maintained, but they could not produce documentation indicating when the particular machine at issue was last serviced.
Continue reading →

Published on:

Earlier this month, World Wrestling Entertainment, Inc. (WWE), a professional wrestling entertainment league, filed papers in a federal court in Connecticut seeking to dismiss a number of cases filed against the league alleging that WWE knew about the dangers involved in participating in the league but failed to disclose them to participants. According to one local news source that analyzed the court documents, WWE is claiming that the allegations are time-barred.

clock-1196246.jpgEvidently, a number of wrestlers have filed suit against the WWE in recent months, alleging that they were “injured as a result of WWE’s negligent and fraudulent conduct.” WWE took issue with the filings and has responded that the wrestlers waited too long to file the claims against the league, and therefore the wrestlers should be prevented from recovering at this late juncture. According to the article, several of the wrestlers participated back in the league in the 1980s and 1990s and just recently filed suit. There are, however, wrestlers who have more recently participated in the league who have also alleged traumatic brain injuries from the “fraudulent and negligent” conduct of the WWE. It remains to be seen how the court will rule on the WWE’s request.
Continue reading →

Published on:

zoo.pngParents across the country routinely take their children to the zoo every weekend in an effort to instill an appreciation for nature. However, a routine visit turned tragic for the Derkosh family when 2-year old Maddox Derkosh was mauled to death at the Pittsburgh zoo by a pack of African wild dogs.

Visiting the zoo with his mother, young Maddox fell into the African wild dog exhibit when his mother lifted him above the railing so that he could get a better view. Tragically, he fell into the exhibit housing the wild dogs whereupon they pounced and mauled him to death.

Jason and Elizabeth Derkosh filed a lawsuit this past May alleging negligence on the part of the zoo for failing to provide adequate warning that the space above the railing was unprotected and that a small child such as Maddox could fall into the exhibit. According to the lawsuit filed by the Derkosh’s, the zoo was on “notice” of a dangerous condition given that parents routinely lifted their children above the railing area. The parents also allege Maddox’s death could have been prevented if the zoo had better tranquilizer darts for subduing the wild dogs.

Published on:

Thumbnail image for gavel.jpgFollowing the tragic death of Michael Jackson, the “King of Pop,” his family filed a lawsuit against AEG Live, the company with whom he had contracted to perform a series of worldwide concerts. The lawsuit named AEG and two of its corporate executives as defendants claiming that they had acted negligently when they hired and supervised Dr. Conrad Murray, the physician that treated Michael in preparation for the concerts.

This past week, the judge presiding over the case dismissed the two corporate executives from the lawsuit ruling that the Jackson family failed to show that the executives did anything to “control, direct or perpetrate” Michael’s drug use. The ruling, however, allows the case to proceed against AEG Live.

AEG has claimed that it never had a contract with Dr. Murray and therefore cannot be held responsible for Michael’s death. The company has admitted, however, that it paid Dr. Murray $150,000 to care for Michael using an “artist advance” which Michael was allegedly obligated to pay back at a future date. At the heart of the case is an internal corporate email in which an AEG executive writes the following regarding Dr. Murray: “We want to remind [Dr. Murray] that it is AEG, not MJ who is paying his salary.” This email forms the cornerstone of the Jackson family’s lawsuit advancing the theory that AEG is ultimately responsible for Michael’s death since it paid Dr. Murray’s bills.