Brain Injury Legal Cases

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.

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

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.
Continue Reading Recent Articles about Bicycle Helmets and Traumatic Brain Injury

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.
Continue Reading NeuroQant Volumetric In Single Patient With Mild TBI

Neuro law attorneys are very familiar with the meta-analytic review of neurological studies that was authored by Binder, Rohling and Larrabee (Binder 1997). It is a study that is often cited by defense attorneys to support the myth that recovery after mild traumatic brain injury (mTBI) occurs within the first three months, with any subsequent changes in performance being of limited statistical and clinical significance.
Continue Reading Binder, Rohling and Larrabee Meta-Analytic Review Criticized Again

The February 2013 issue of Archives of Clinical Neuropsychology included an interesting article out of Cape Town, South Africa, wherein researchers from the University of Cape Town examined the extent to which, during the process of litigation, individuals with moderate-to-severe traumatic brain injury might malinger in their performance on neuropsychological assessment batteries.
Continue Reading Neuropsychological, Functional and Behavioral Outcome in South African Traumatic Brain Injury Litigants

For many years now I have written about insurance companies influencing medical and neuropsychological research. For medical literature to be introduced and used at trial, it is necessary for an expert to testify that the article is the type relied upon by experts in the field or that the article is authoritative, depending on the law in an individual state. Thus, our Rules of Evidence in very large measure place a great deal of trust in the reliability of medical journals.
Continue Reading Washington Post Finds Pharmaceutical Companies Still Exert Significant Influence on Medical Journal

In Chiulli v. Newberry Fine Dining, Inc., Civil Action Number 10-10488-JLT (U.S.D.C. MA. October 17, 2012), the Federal District Court denied defendant’s motion in limine to preclude plaintiff’s neuroimaging expert Randall Benson, M.D. from testifying and to preclude testimony with regard to diffusion tensor imaging.
Continue Reading Federal Court in Massachusetts Upholds Admissibility of Diffusion Tensor Imaging