A Florida trial court has denied a defendant’s Daubert motion to strike the plaintiff’s expert’s testimony regarding qEEG testing. In Snyder v. ESURANCE Property and Casualty Insurance Company, Case No. 01-2018-CA-2651 (8th Judicial Circ. Ala. Chua. Cty., FL), the defendant sought to bar the testimony of Dr. Lisa Avery, an eligible board neurologist, from testifying regarding her interpretation of a quantitative electroencephalogram (qEEG). To support its motion, the defendant submitted “only” three articles and argued at a hearing that using qEEG for diagnosing mild traumatic brain injury had been prohibited by the American Academy of Neurology (AAN) for over 20 years. Noteworthy in the court’s opinion was that the AAN guideline relied upon by the defense was “retired” in January 2020 and was no longer the official position of the Academy.
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Long-Term Residuals Following Mild Traumatic Brain Injury
A new study published in the Journal of Sports Medicine and Physical Fitness entitled “Subtle Long-Term Cognitive Effects of a Single Mild Traumatic Brain Injury and the Impact of a Three-Month Aerobic Exercise Intervention” debunks the myth that a single, uncomplicated mTBI won’t have any permanent residuals. The researchers sought to determine the long-term effects of a single mTBI on cognition in patients aged 55-70 years old. In addition, they wanted to see the impact the aerobic exercise programs would have on these patients’ recovery.
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Sleep Disorders and Traumatic Brain Injury
A new study out of the University of California, San Francisco, and the San Francisco Veterans Affairs Healthcare System investigated the increased risk of sleep disorders following traumatic brain injury.
In this study, the researchers performed a cohort study of all patients diagnosed with a traumatic brain injury in the Veterans Health Administration system from 2001 to 2015. These patients were aged-matched with veterans who had not sustained a traumatic brain injury. Any veteran who had a prevalent sleep disorder at the baseline was excluded from the study. The disorders were defined as any inpatient or outpatient diagnosis of sleep apnea, hypersomnia, insomnia, or sleep-related mood disorders. The researcher’s analysis was restricted to those for at least one year.
Pediatric Mild-Traumatic Brain Injury and Long Term Consequences
For a long time, clinicians believed children who sustained a mild traumatic brain injury went on to an uneventful recovery. More recent research has demonstrated the fallacy of this outdated belief. A new study published in Brain Injury explored the behavioral and emotional difficulties following pediatric mild traumatic brain injury.
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Women Found To Be More Vulnerable Than Men Regarding Persistent Mild TBI
A recent study published in JAMA Neurology explored whether post-acute mild traumatic brain injury (mTBI) symptoms differ between men and women. In this cohort study, a total of 2,000 patients with mild traumatic brain injury (1,331 men and669 women) were included. These mTBI patients were then compared to 299 patients with orthopedic trauma who served as control subjects. The patients were recruited from 18 Level 1 trauma centers and followed for up to 12 months.
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Brain Injury Awareness Month is Here
Did you know at least 2.8 million people sustain a traumatic brain injury each year, and at least 5.3 million Americans live with a Traumatic Brain Injury (TBI)-related disability? Every year when March comes around we observe Brain Injury Awareness Month. The Brain Injury Association of America’s (BIAA) theme for the 2021-2023 campaign is More Than My Brain Injury. TBI victims believe their injury defines them and their lives. This campaign allows for these individuals to live beyond their disability, while also giving them the chance to tell their stories. At Stark & Stark we encourage everyone to join this campaign to help spread awareness and educate others about what it is like to live with a traumatic brain injury.
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Traumatic Brain Injury Is a Risk Factor for Dementia
I previously reported on studies establishing a connection between traumatic brain injury as a risk factor for dementia. A new study published in The Lancet entitled, “Dementia Prevention, Intervention and Care: 2020 Report of The Lancet Commission” further establishes that traumatic brain injury is a risk factor for dementia.
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Post-Traumatic Stress Disorder (PTSD) as a Risk Factor for Dementia
Traumatic brain injuries are considered risk factors for other neurologic diseases such as dementia, Parkinson’s disease, and epilepsy. A recently published, British Journal of Psychiatry article discusses “Post-Traumatic Stress Disorder as a Risk Factor for Dementia.” The researchers from the University College of London, UK, Division of Psychiatry, conducted a meta-analysis searching nine electronic data bases up to October 25, 2019 for longitudinal studies assessing post-traumatic stress disorder (PTSD) and the risk of dementia. The researchers’ selection criteria was for adults 18 and older with a similar comparison group of adults without any post-traumatic stress disorder. According to the researchers, “we included studies were a diagnosis of PTSD was based upon: (a) clinical diagnostic criteria (i.e. ICD-9 or ICD-10, DSM-III, DSM-IV or DSM-V or comparable), or (b) a validated self-report scale.” Studies that did not diagnose dementia on the basis of clinical criteria (e.g. NINCDS-ADRA) were excluded.
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Long Term Post-Concussion Symptoms
I recently took the deposition of a neuropsychologist who maintained that all patients having sustained a mild traumatic brain injury recover within six months. When presented with recent studies demonstrating the inaccuracy of that opinion, he acknowledged that he was unfamiliar with those studies. Rather, he relied on a 2004 paper by Carroll, et al. and two chapters authored by defense forensic neuropsychologists.
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Falls Prevention Month Is Here
It’s hard to believe that September is already here. The Brain Injury Association of America (BIAA) is celebrating Falls Prevention Month all September long by providing a multitude of resources regarding prevention tips, different falls facts, and other educational materials.
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