A New York trial court recently denied defendants’ motion to compel plaintiff’s radiologist to produce Diffusion Tensor Imaging (DTI) control group data.

In Siracusa v. City Ice Pavilion, LLC, the plaintiff was injured while participating in an ALS Ice Bucket Challenge, held at a hockey rink owned and operated by the defendant. Plaintiff sustained a traumatic brain injury (TBI), allegedly at the fault of the defendant. Plaintiff underwent an MRI-DTI which was analyzed by Dr. Michael Lipton. Dr. Lipton’s DTI analysis lead to the conclusion that the plaintiff has abnormally low FA levels, which is consistent with traumatic axonal injury, although also consistent with other non-traumatic causes.


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Symptoms of concussions often disappear within 7-10 days of an injury–prompting medical release back to sports play. However, preliminary results of a new imaging study presented at a recent American Academy of Neurology conference showed that brain changes caused by “temporary” concussions may last six months or more after the injury. The study, which is ongoing, used diffusion tensor imaging (DTI) to exam connective brain tissue or “white matter” in eighteen students with concussions. White matter brain changes are also associated with stroke and Alzheimer’s.

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A study by doctors at Montefiore Medical Center and Albert Einstein College of Medicine provides additional support that use of Diffusion Tensor Imaging (DTI) may be clinically helpful to patients with mild Traumatic Brain Injuries (TBI) because it shows possible evidence of brain repair in post-injury patients. Scans conducted one year post-injury show that patients

A new study from the University of Adelaide in Australia found that in the medium- to long-term pediatric traumatic brain injury (TBI), the fractional anisotropy (FA) values for numerous large white matter tracks in comparison to the whole brain were related to cognition. This study, published online in Developmental Neuropsychology, specifically examined the relationship between diffusion tensor imaging (DTI) findings and cognition following pediatric traumatic brain injury.

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Francis X. Conidi, M.D. from the Florida Center for Headache and Sports Neurology has issued a new study which examined retired NFL players for signs of traumatic brain injuries using Diffusion Tensor Imaging (DTI), and the results were fairly damning. The study found that over 40% of the retired NFL players had sustained a traumatic brain injury. Approximately 40 retired NFL players underwent the exam, which included a Compressive Neurological/Headache history, neurological examination, neurophysiological evaluation, Clinical Dementia Rating Scale, physiological evaluation and DTI MRI were performed. According to Dr. Conidi, this represents “one of the largest studies to date in living retired NFL players.”

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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 tractor and Model 460 loader. Plaintiff asserted that she sustained a traumatic brain injury as a result of a hay bale falling onto her head while she was operating the tractor.

Plaintiff retained Randall Benson, M.D. a board-certified neurologist as one of her medical experts. According to the opinion, Dr. Benson opined plaintiff sustained a traumatic brain injury, basing his opinion, in part, on the results derived from a DTI. Defendants moved to exclude Dr. Benson’s DTI findings, arguing that the DTI finding was unreliable.

The court, after discussing the admissibility standard established by the US Supreme Court in Daubert, Joiner and Kumho Tire, performed an analysis to determine whether Dr. Benson’s use and reliance on DTI was permissible.


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Generally, it is defendants that move to attack the admissibility of diffusion tensor imaging (DTI) asserting that this objective neurodiagnostic test fails to meet either the Daubert or Frye standard.  Most recently, a plaintiff went on the offensive, filing its own motion for an order precluding defendant’s expert from denying at trial the general acceptance

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.