Brain Injury Lawyer

The Athletic Trainers’ Society of New Jersey (ATSNJ) released a Concussion Policy Survey which states that although New Jersey has implemented the Concussion Law, some schools are delaying in their compliance with the new regulations. The survey examined 110 high school athletic trainers throughout the state of New Jersey and states that while most districts have a board approved policy, others do not and those without blame the Law stating that it is difficult to interpret certain provisions.

Some argue that terms included in the Law, such as “physician trained in concussion management,”  “academic modifications,” and “asymptomatic,” are not clearly defined in the context of the description.

The report states that:

• Only 63% of team physicians are “trained in the management of concussions”
• 9% of respondents do not have a board approved concussion policy.
• 27% of schools adopted a generic policy.
• 84% of districts do not defined “trained in the management of concussions” in their concussion policy.
• 51% of districts do not define “asymptomatic” in their concussion policy.
• 60% of districts do not define specific academic accommodations in their concussion policy.
• 89% of school policies define “graduated return to play protocol”
• 100% of districts utilized athletic trainers as the gatekeeper for the concussion management process

Sarah Burke, Canadian freestyle skier, four-time Winter X Games Gold Medalist and Olympic gold-medal contender, died yesterday at the age of 29 after complications from an accident at the Park City, Utah halfpipe January 10th.  Burke was considered a pioneer in her sport as she successfully lobbied to add superpipe skiing to the Olympic Winter Games.

The accident tore one of Burke’s major arteries supplying blood to her brain, causing her to go into cardiac arrest. She underwent surgery and spent nine days on life support at the University of Utah Hospital. Doctors state that Burke suffered irreversible brain damage after the fall because of a lack of oxygen and blood to the brain.

Members of the skiing community say Burke was a pioneer among freeskiers who inspired them to do greater things. "Sarah was the one who, in a very positive way, stood in the face of adversity and asked, `Why not?"' said Peter Judge, the CEO of Canada's freestyle team.

"She's probably one of the nicest people I've known in my life, and that's about the only thing I have to say about it," said American superpipe skier Simon Dumont, a multiple X Games medalist.

Burke’s death is a devastating blow to the skiing community. Every day, experienced and knowledgeable athletes suffer serious, life-threatening and even deadly brain injuries. I hope that Burke’s story will serve as a reminder for those who participate in such activities to use extreme caution while enjoying these sports.

A team of Canadian concussion specialists created an online concussion library full of information and resources for both the public and research and medical professionals. The Sport Concussion Library includes more than 2,300 peer-reviewed journal articles, 61 book chapters, entries on thesis research, concussion legislation on the federal, state and provincial levels, filmed documentaries, and a downloadable SCAT2 test, the standard sideline concussion assessment tool.

The library and its information is free, will be updated monthly and contains no advertising. There are sections specific to hockey, football, soccer, baseball and several other sports, as well as a section containing concussion research conducted by the military. Entries range from a simple definition of a concussion and information for parents, players and coaches, to the latest research papers.

I encourage my readers to view the site and keep it in mind for the future should you need information related to sports-related brain injuries. Great information – great resource!
 

A report conducted by ItsMyHealth.com states that researchers recently found that when soccer players “head” the ball, they tend to suffer the same side effects as those who have sustained a concussion. Additionally, if a player repeatedly “heads” the ball, this can result in a concussion like injury and impaired cognitive functioning.

Although soccer is commonly viewed as a ‘non-contact sport’ and therefore people believe it is less likely to cause injury, the truth is there are still serious concerns associated with any sport.

The study states that in adult recreational games, the ball can travel at speeds of more than 50 kms/hour and in professional soccer games, the speed of the ball can reach speeds of more than 125 km/hour. Those players who played a lot were at highest risk.

Recent trends have highlighted the need for concussion reform in professional sports such as football and ice hokey, but now a recent article in the New York Times highlights the role concussions play professional soccer as well.

Taylor Twellman, a former member of the New England Revolution, stated recently that his team, which is a part of the Major Soccer League (MLS), disregarded his reports of injuries he sustained as a result of multiple concussions. Additionally, Twellam noted that his team sent him back on the field after he told them that he had a concussion during the game in which he sustained a hit that eventually forced him to retire. 

Twellman was a five-time MLS All-Star who was the league MVP in 2005. He said he has been diagnosed with five concussions, so he knew he'd sustained one in 2008 when he went for the ball and was punched in the head by Los Angeles Galaxy goalkeeper Steve Cronin.

A new study reports that girls are 68% more likely to suffer a concussion during sports-related activity than boys. A study released by the Journal of Athletic Training showed that girls, during high school and college who played basketball or soccer, suffered significantly more concussions than their male counterparts. The report also stated that boys returned to play sooner than girls did after having suffered a concussion.

A previous report links the increase in female-related concussions to a smaller head-to-ball ratio and weaker necks. Additionally, cultural differences may play a part in the number of reported concussions due to the fact that as a society, we are typically more protective of female athletes.  

Diffusion tensor imaging (DTI) has been shown to prove the existence of brain damage which other techniques, such as MRIs, CT scans and x-rays were unable to detect. DTI has the ability to show microscopic damage to the pathways, which messages use when traveling inside the brain.
For the past 10 years, the National Football League and the US military have been using DTI technologies to detect brain injuries, most commonly, concussions.

Although this technology could be critical in the diagnosing and treatment of brain injuries, some defense attorneys are challenging its validity. Several states currently allow this technology to be used in the courtroom, such as New York, Florida, Louisiana, Indiana, Minnesota, New Mexico and Massachusetts. However, the defense bar is not conceding the admissibility of DTI without a fight.

The argument is that even if an accident caused someone’s brain to change at a microscopic level in an area associated with memory the change may have nothing to do with why the person has become more forgetful. Before DTI, practitioners were limited to presenting the results of neuropsychological tests as evidence of mild traumatic brain injury. Although these neuropsychological tests are useful in prosecuting a brain injury case, the use of DTI technologies could greatly aid in future cases and the treatment of patients throughout the country.  

Thanks to support from Senator Robert Menendez and Congressman Bill Pascrell, both of New Jersey, the United States Center for Disease Control & Prevention will launch a new study into sports-related concussions and with those findings, will develop national guidelines for managing sports-related concussions in youth athletes.

Currently, New Jersey is one of the few states that require a physician’s approval before a student can return to play after they have suffered a brain injury. New Jersey also mandates safety training for coaches, players and parents in an effort to prevent concussions from happening in the first place.
Although most concussions are not life threatening, there are serious long-term effects that are associated with even mild brain injuries, such as memory loss, headaches and depression.

As the nation catches up with New Jersey, we urge state lawmakers to take another step forward and pass a bill sponsored by Assemblyman Patrick Diegnan (D-Middlesex) that would add cheerleading to the safety-training program that covers prevention, risk and treatment of sports-related concussions and other brain injuries.

Over the past eight years, the number of emergency room visits by children suffering from brain injuries has increased by more than 60%. According to a new report by the Centers for Disease Control & Prevention, this increased is believed to be a result of increased awareness of the severe effects associated with concussions and other brain injuries.

The report showed an increase in emergency room visits for children under the age of 19 from 153,375 in 2011 to more than 248,418 visits in 2009. Most of these injuries were due to recreational activities, including: bicycling, football, playground activities, basketball and soccer.

Although the number of children sustaining brain injuries has increased, I’m so pleased to see that the level of awareness in this country has also gone up. Parents, coaches and students alike, need to be aware of the devastating injuries associated with concussions. The biggest danger we continue to face is the number of concussions that go undiagnosed. These injuries, if left untreated, could lead to more serious or even fatal second-impact injuries.

A new book, The Concussion Crisis: Anatomy of a Silent Epidemic, by Linda Carroll and David Rosner, explains a constant theme in our society: protect the sport, not the players. The truth is, for a long time, people didn’t want to believe that sports-related concussions were an actual danger posing life-threatening injuries to players. However, in recent years, the amount of new information being released highlighting the devastating effects concussions and mild traumatic brain injuries could have on players has brought this long-hidden trend to the forefront of not only the medical community, but also the nation as a whole.

In the book, the authors include profiles of those who’ve sustained football concussions that have led to disability, shattered lives, insanity and early death. Carroll and Rosner emphasize that concussions are often undetectable and several minor jolts can ultimately inflict as much damage as a major traumatic brain injury.