Prosecuting Traumatic Brain Injury Case

I recently read an interesting article entitled Predictors of Neuropsychological Test Performance After Pediatric Traumatic Brain Injury. The authors were Jacobus Donders and Kelly Nesbit-Greene. The article investigated the influence of neurological and demographic variables on neuropsychological test performance, examining 100 9-16 year old children with traumatic brain injury. The investigation was conducted

Today’s New York Times (registration required) ran an article about a new brain-imaging study whose results sugest that brain-damaged people who are treated as if they are almost completely unaware may in fact hear and register what is going on around them but be unable to respond.

Some experts said the study, which appeared yesterday

On Thursday, after a week-long trial, my jury returned a verdict finding that neuropsychological testing was objective and satisfied the objective requirement of New Jersey’s verbal threshold. Under New Jersey law, before an individual can obtain compensation for non-economic damages, that person must establish by credible and objective evidence that he or she sustained

I would like to follow up on an earlier post in which I discussed representing a professional who had suffered a traumatic brain injury by providing some examples of these types of cases, and going into a deeper discussion about the difficulties which can arise at trial.
Continue Reading Representing a Professional Who Has Suffered a Traumatic Brain Injury

In the past, plaintiff trial attorneys rarely were concerned with the force involved in an automobile collision. Where, however, the force was great and photographs depicted heavy property damage, those photographs would be enlarged and shown to the jury to further enhance the claim of the severity of plaintiff’s injuries. In contrast, low-impact collisions rarely

A Federal District Court has upheld the admissibility of the articulated total body (ATB) computer simulation program, which is used primarily to interpolate and extrapolate the results of full-scale tests with anthropomorphic test dummies. In Melberg v. Plains Marketing, L.P., 332 F. Supp. 2d 1253 (D. N.D. 2004) plaintiff sustained a traumatic brain injury in a motor vehicle collision. Plaintiff retained a biomechanical engineer who utilized the ATB computer simulation program to conclude that the forces sustained by the brain were sufficient to cause brain injury.
Continue Reading Articulated Total Body (ATB) Computer Simulation Held Admissible

In an earlier post, I referenced the need to obtain the raw data when one’s client is evaluated by a defense neuropsychologist. Only by having the data and its administration and testing evaluated by an independent neuropsychologist, can one properly prepare to cross-examine the defense neuropsychologist. In a recent case in which I represent