Category Archives: Brain Injury Legal Cases

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Connecticut Court Upholds Admissibility of DTI

Posted in Brain Injury Legal Cases, Brain Injury News

A Connecticut trial court has upheld the use of diffusion tensor imagining (DTI), denying the defendants’ in limine motion to bar its introduction. In Vizzo v. Fairfield Bedfort, LLC, plaintiff retained Randall Benson, M.D.,  a behavioral neurologist, to conduct a behavioral neurological evaluation, to administer and interpret a DTI of the plaintiff and correlate  it… Continue Reading

Petty Officer Awarded $2 Million by Burlington County Jury

Posted in Brain Injury Legal Cases, Brain Injury Legislation, Brain Injury News

On August 10, 2011, United States Navel Petty Officer KY, age 26, was stopped in traffic on Route 206 in Bordentown, New Jersey, when her vehicle was rear-ended by a Ford 350 pickup operated by Mr. Avisai Pantle-Aguirre and owned by H&H Landscape Management, LLC. The force of the crash spun KY’s vehicle, causing it… Continue Reading

Federal Trial Court Once Again Upholds Introduction of Diffusion Tensor Imagining into Evidence

Posted in Brain Injury Legal Cases, Brain Injury News

A federal judge has once again upheld the introduction of diffusion tensor imagining (DTI) in an mTBI case, rejecting defendant’s motion to exclude the DTI findings. In White v. Deere and Co., plaintiff filed a product liability action arising out of an incident that occurred while plaintiff was operating her Deere Model 4600 compact utility… Continue Reading

Federal Court in Louisiana Admits DTI into Evidence

Posted in Brain Injury Legal Cases

In researching the admissibility of Diffusion Tensor Imaging, I came upon a Louisiana court decision upholding the use of Diffusion Tensor Imaging. Andrew v. Patterson Motor Freight, Inc., Civil Action No. 6:13cv814 (U.S.D.C., W.D. 2014). Plaintiff was injured in a motor vehicle crash and was diagnosed as having sustained a traumatic brain injury to the… Continue Reading

Michigan Court of Appeals Upholds Vocational Economic’s Work Life Methodology

Posted in About Brain Injuries, Brain Injury Legal Cases, Brain Injury Legislation, Brain Injury News

People, who have sustained a permanent injury which results in a permanent work disability, will earn less and will have a shortened work life expectancy, even where the individual has returned to full time employment.  Thus, in every case, where a plaintiff has sustained a permanent injury resulting in a permanent work disability, a claim… Continue Reading

New York Court Again Rejects Defendant’s Motion to Bar DTI Evidence

Posted in Brain Injury Legal Cases, Brain Injury Legislation

A recent decision by the Supreme Court – State of New York, Nassau County, Part 40 rejected a motion by defendants to preclude the plaintiffs from presenting evidence regarding diffusion tensor imaging in support of their claim that the infant plaintiff suffered a traumatic brain injury as a result of a traumatic incident.  Sullivan v…. Continue Reading

Psychological Assessment of Symptom and Performance Validity, Response Bias, and Malingering

Posted in About Brain Injuries, Brain Injury Legal Cases, Brain Injury Legislation, Brain Injury News, Brain Injury Resources & Links

The Association for Scientific Advancement in Psychological Injury in the Law has published an official position regarding psychological assessment of symptom and performance validity, response bias, and malingering. Psychol. Inj. And Law (214) 7:197-205.  Bush, SS, Heilbronner and Ruff RM.  According to the abstract, the “purpose of this position statement is to promote ethical psychological… Continue Reading

Recent Articles about Bicycle Helmets and Traumatic Brain Injury

Posted in Brain Injury Legal Cases

Recently, there have been a number of articles addressing efficacy of bike helmets and their ability or inability to prevent concussions and more serious traumatic brain injuries. Bicycling Magazine featured an article entitled “Senseless” stating “bicycling helmets do an outstanding job of keeping our skulls intact in a major crash. When they do almost nothing to prevent concussions and other significant brain injuries – and the very government agency created to protect us is part of the problem. The time has come to demand something safer.” The article was written by Bruce Barcott.

NeuroQant Volumetric In Single Patient With Mild TBI

Posted in Brain Injury Legal Cases

In the May 23, 2013 issue of Brain Injury, David E. Ross, et al. submitted a Letter to the Editor entitled “Brain MRI volumetry in a single patient with mild traumatic brain injury.” The report described the case of a 42 year old man who was in a motor vehicle accident in May 2008, leading to a mild traumatic brain injury and other injuries. His MRI brain data were analyzed with Neuro Quant (a FDA‑approved computer‑automated method for measuring MRI brain volume) and susceptibility‑weighted imaging (SWI) to assess for signs of old bleeding.