Brain Injury Legal Cases

Earlier this week, 75 retired players brought suit against the National Football League claiming that the NFL has known for the past 90 years of the harmful effects associated with football-related concussions and concealed this information from players, coaches and trainers. The suit states that the players relied upon the NFL for safety guidelines and regulations, and did not know the long-term effects associated with concussions. Riddell, Inc., the official helmet brand of the NFL for over 20 years, is also named as a defendant in the suit.
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In another victory for the admissibility of PET Scan and Diffusion Tensor Imaging, William D. Harper, Esq., a Woodbury, Minnesota trial attorney was successful in having PET and DTI admitted. In its decision, the Court found that “it is clear to me that the technology involving PET scans and DTI is something that is not novel to the medical industry. It is not novel science, it has been around for maybe some 20 years, and is relied upon by medical professionals in a number of settings.”
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On September 13, 2010, a Massachusetts trial court in the matter of Sawski v. Gigs, LLC held a Daubert/Lanigan II hearing with regard to the admissibility or non admissibility of diffusion tensor imaging (DTI). The parties did not request an evidentiary hearing but submitted over 3000 pages of affidavits, medical articles and memorandum.
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Defendants in the matter of Delgado v. Frovarp sought an order compelling the plaintiff to appear for a neuropsychological examination outside the presence of any third parties, including plaintiff’s counsel. In this case, defendants retained William B. Barr, Ph.D. to conduct a neuropsychological evaluation of the plaintiff.
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In the matter of Whilden v. Kimberly Kline, et al., defendants filed a motion in limine to bar the testimony of William W. Orrison, Ph.D. and to bar the admissibility of diffusion tensor imaging. Plaintiff was involved in a number of motor vehicle collisions in which it was alleged that he had suffered a mild traumatic brain injury.
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The issue of being a third party observer at a defense neuropsychological evaluation continues to be a hot topic both in the neuropsychological field as well as the legal field. Defense neuropsychologist raise the specter that having a third party observer present during the neuropsychological evaluation will invalidate the testing while plaintiff attorneys argue defense neuropsychological evaluations are in no way independent, but adversarial, necessitating the need to have a third person present to verify the statements made by the defense neuropsychologist.
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On January 22, 2007 I represented a resident of Trenton, New Jersey who was a passenger in a car which was hit head on by a dump truck while traveling on State Highway 68. The dump truck that hit her was unable to stop and attempted to avoid colliding with another vehicle by entering the northbound lane. While the driver was able to avoid one accident, he was unable to avoid striking the vehicle our plaintiff was in.
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