Archive for the ‘ Brain Injury ’ Category

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15
Sep

PTSD A Serious Concern For Returning Combat Veterans

September 15, 2011

One of the biggest concerns for returning combat veterans is a silent one. It is not visible, like a missing limb. It may only show it’s ugly head from time to time, making it difficult to be diagnosed by a doctor, unlike many more obvious diseases. It’s Post-Traumatic Stress Disorder (PTSD), and it is affecting an alarming number of our returning veterans.

The illness has only gained attention in the last few decades, with the return of soldiers from the first Iraqi conflict. Now, it is reported that up to one-third of the half million troops returning home since 2003 have been affected by PTSD. Although this may be a conservative number, many soldiers are in denial about suffering from the condition or don’t seek treatment.

One Army officer is trying to change that. Channel 3 News reported that Sgt. Maj. Raymond F. Chandler III, the top non-commissioned officer in the United States Army, discussed his experience with the disease on Tuesday of this week, with soldiers at Fort Bragg.

He told of the mental anguish he put on himself because of the loss of his soldiers and doubted his ability as a leader. More importantly, he told the soldiers of the rejuvenation he found after seeking help coping with his struggles.

The North Carolina Veterans Disability Lawyers with HensonFuerst support all soldiers returning from combat and suffering from PTSD. We can help you get the veterans benefits you deserve–call 1-800-4-LAW-MED or complete a free consultation form.

Popularity: 2% [?]

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28
Jul

Wakeboard Accidents Cause More Head Injuries in Children

July 28, 2011

A recent popularity surge in the sport of wakeboarding is sending many teens and young people to the emergency room with head injuries, according to a report by WRAL News. As WakeMed pediatrician Dr. Mark Piehl stated, “Recent research shows that the risk of a head injury in wakeboarding is about 5-10 times that compared to waterskiing.”

The sheer size of a wakeboard, which is wider and bulkier than a set of skis, can be one of the causes of higher injury rates. Factor in boards’ sharp edges and the fact that riders’ feet are strapped onto wakeboards much tighter than they would be on skis, and it’s easy to see why they have greater accident risks.

In one recent instance, a 16-year-old Apex, North Carolina boy fractured his skull during a wakeboarding trip. He suffered permanent memory loss, of both the event and the day leading up to it, and a huge gash across his head as a result of the accident. He says he will now wear a helmet when participating in the sport.

The Center for Injury Research and Policy offers several safety tips to follow while wakeboarding, such as always wearing proper safety equipment, including helmets and life-preservers.

The Raleigh Brain Injury Attorneys with HensonFuerst would like to remind and encourage those active in high-impact water sports to always wear a helmet while participating in these activities, as it may save your life.

Popularity: 6% [?]

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14
Jul

Contaminated Alcohol Prep Pads Blamed for Child’s Brain Damage

July 14, 2011

Three years ago, a family was blessed with a set of twin boys. One of the twins had difficulty from the moment they were born, suffering from respiratory distress and needing umbilical artery and vein catheters. At some point in his care, the boy was exposed to the deadly Bacillus cereus bacteria from contaminated alcohol prep pads, a lawsuit now claims.

According to MSNBC, the boy suffered permanent brain damage from the infection, leaving him stricken with cerebral palsy and other complications. No trace of the infection was ever found in tests performed by hospital staff on the child’s environment and the doctors and nurses around him.

Initially, the family filed suit against the hospital, claiming poor infection control methods at the facility. However, after noticing a story of a similar infection that was proved to have come from a contaminated alcohol prep pad, and the subsequent recall of the product, an expert examining the case notified lawyers of the possible connection.

The maker of the pads, Triad Group, and their sister company, H & P Industries, Inc., have been added to the list of defendants in a lawsuit filed on behalf of the child and his family.

The company came under scrutiny after another hospital reported a deadly infection related to the pads, leading the Food and Drug Administration (FDA) to conduct an in-depth investigation. They found several faults in the manufacturing process as well as unsanitary conditions that lead to contamination, yet did very little to correct the issues. They have since admitted that stronger actions should have been taken with the company.

The family’s suit, scheduled for a September 2012 trial, seeks financial support for medical expenses the child will incur throughout his lifetime, as well as a complete revamping of medical supply manufacturing and inspection processes.

The North Carolina Medical Malpractice Attorneys at HensonFuerst believe their ability to fight against medical malpractice helps maintain the high standards of medical treatment we are fortunate to receive in the United States. If you have been injured or harmed by negligence of medical staff responsible for your care, contact an attorney with HensonFuerst immediately.

Popularity: 2% [?]

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12
Jul

Lead Paint Contamination in Garner Daycare

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from WRAL.com

This story is very disturbing. According to an article on WRAL.com, county inspectors found hazardous levels of lead paint inside Ridoutt’s Daycare Center. The facility closed its doors after receiving the final environmental lead investigation report on July 5. The report (available here: Wake County Lead Investigation Report) reported that hazardous levels of paint were found inside the infant area and the kitchen.

Ridoutt’s Daycare Center has been in business for more than 60 years. The lead investigation began after a routine sanitation inspection found flaking paint in the kitchen. According to the WRAL.com article:

Christy Harris, who worked at Ridoutt’s for nine years before being laid off in February, said she noticed signs of possible lead paint exposure during her employment.

“We were all having headaches, stomachaches. The kids were always sick,” Harris said.

Harris became pregnant while working at Ridoutt’s, and her daughter, now 5 years old, attended the daycare. Now, Harris and many other daycare parents will be having their children tested for possible lead exposure. In fact, the Riddouts themselves have also had their children tested. According to the article:

Harris said many parents pulled their children out of the day care center before the county confirmed their suspicions that lead paint was present there.

“They would always tell me, ‘It’s the facility. We feel like something’s not right here. We feel like we need to take out child out,’” Harris said.

The Dangers Of Lead Exposure

According to the American Academy of Child & Adolescent Psychiatry, lead exposure is one of the most common preventable poisonings in children. Children are especially vulnerable because their rapidly developing nervous systems are particularly sensitive to the effects of lead.

Exposure to lead can have a wide range of effects on a child’s development and behavior. Even when exposed to small amounts of lead levels, children may appear inattentive, hyperactive and irritable. Children with greater lead levels may also have problems with learning and reading, delayed growth and hearing loss. At high levels, lead can cause permanent brain damage and even death. [AACAP]

According to the U.S. Consumer Product Safety Commission (CPSC), early symptoms of lead poisoning in children are often confused with other illnesses. These can include persistent tiredness, irritability, loss of appetite, stomach discomfort, reduced attention span, insomnia, and constipation. Failure to treat children in the early stages can cause long-term or permanent health damage.

In addition, lead poisoning can also affect adults:

In adults, [lead poisoning] can cause irritability, poor muscle coordination, and nerve damage to the sense organs and nerves controlling the body. Lead poisoning may also cause problems with reproduction (such as a decreased sperm count). It may also increase blood pressure. [CPSC]

It is generally and widely known that older homes often have lead-based paint. About two-thirds of the homes built before 1940 and one-half of the homes built from 1940 to 1960 contain heavily-leaded paint. Homes built between 1960 and 1980 may also have lead. Rules for lead in paint were changed in 1978, so most homes built in the 1980s until the present are generally considered safe.

How Are Children Exposed to Lead?

Although it might seem difficult to get exposure to lead from paint, it is actually quite easy for contamination to occur. According to the CPSC:

Eating paint chips is one way young children are exposed to lead. It is not the most common way that consumers, in general, are exposed to lead. Ingesting and inhaling lead dust that is created as lead-based paint “chalks,” chips, or peels from deteriorated surfaces can expose consumers to lead. Walking on small paint chips found on the floor, or opening and closing a painted frame window, can also create lead dust. Other sources of lead include deposits that may be present in homes after years of use of leaded gasoline and from industrial sources like smelting. Consumers can also generate lead dust by sanding lead-based paint or by scraping or heating lead-based paint.

Lead dust can settle on floors, walls, and furniture. Under these conditions, children can ingest lead dust from hand-to-mouth con- tact or in food. Settled lead dust can re-enter the air through cleaning, such as sweeping or vacuuming, or by movement of people throughout the house.

What to Do If Your Child Was Exposed to Lead

If your child attended Ridoutt’s Daycare Center (600 Saint Marys Street in Garner), it is a good idea to have your child tested for lead poisoning. Contact your health care provider or a Wake County public health clinic (Main clinic information number: 919-212-7000). Mention that your child may have been exposed to lead at the daycare.

RESOURCES

Full WRAL.com article:  Lead paint contamination closes Garner day care

American Academy of Child & Adolescent Psychiatry:  Lead exposure in children affects brain and behavior

U.S. Consumer Product Safety Commission:  What you should know about lead based pain in your home–safety alert

Popularity: 3% [?]

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16
Jun

Concussion Awareness Act Being Signed Into Law

June 16, 2011

North Carolina lawmakers are scheduled to sign on a bill, which will put into law several statutes to protect high school athletes’ from the dangers of concussions. The Charlotte Observer reported that The Gfeller-Waller Concussion Awareness Act will be signed on today by the Senate. It was passed unanimously through the House in early May.

The law requires public middle and high schools to provide education on concussion awareness to parents, athletes, coaches, volunteers, and first responders. The Act also states a player who shows signs of a concussion must be removed from play or practices immediately and cannot return until receiving medical clearance from a medical professional. Every school will be required to develop a plan for emergency situations.

The bill was named after two high school football players who died as a result of a concussion.

A concussion occurs when the brain hits the inside of the skull as a result of a blow to the head. The mild brain injury can have symptoms that range from subtle to obvious, but most patients report headaches, dizziness, nausea, irritability, and sleepiness. Physical signs include poor concentration, slow answers to questions, emotional instability, and slurred speech.

Medical science has only recently learned of the long-term damage these injuries can cause. If you or someone you know has been injured after suffering a blow to the head, contact a North Carolina Brain Injury Attorney with HensonFuerst.

Popularity: 19% [?]

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8
Jun

Young Victim Pushes for Cell Phone Ban

With every year, and every new portable device, the problem of DWD—Driving While Distracted—grows.  North Carolina has already enacted a total ban on texting while driving, and on using a cell phone while driving for drivers under age 18.

Should the ban on cell phone use while driving be extended to everyone?  It’s one thing to talk about the issue in the abstract, but Krista Slough brings an informed perspective to the discussion. According to an article in the News & Observer, Krista’s reasoning is quite persuasive. You see, she was walking to a bus stop one morning last September when a driver plowed into her from behind. According to the article:

The driver was talking on her cellphone.

“She drove straight into Krista like she didn’t even see her,” said [Joe] Capowski, a retired UNC-Chapel Hill faculty member. “She did not slow down. She did not swerve to avoid her. Her car hit Krista and knocked her 18 feet off the road.”

Miss Slough had just started her senior year at the University of North Carolina at Chapel Hill (UNC-CH) when the accident occurred. She suffered brain hemorrhages and other injuries that continue to cause headaches, fatigue, memory loss and other cognitive impairment. She was forced to drop out of school.

Now, she and Mr. Capowski are working together to try to enact a town ban on talking-while-driving on the streets of Chapel Hill. They have a great argument. After all, researchers at the UNC Highway Safety Research Center say phone conversations distract drivers’ attention from the road around them, and can impair drivers’ ability as much as a blood-alcohol level of .08 percent—the legal standard for drunken driving.

Yes, a ban on cell phone talking while driving will be inconvenient…but that seems a small price to pay for saving lives. For Miss Slough, even though she lived through her ordeal, she has lost the life she once had. Her memory problems are significant, making it difficult for her remember names of people she has met, and even to put together cohesive sentences. She had one year left of college when her brain was injured, and now it will take her years to complete those last few courses. Her life was thrown off-balance, and we’ll never know how far she could have gotten if not for that fateful morning.

“I never had listened to any of the distracted-driving discussion before,” Slough said. “Now, obviously, I’ve changed my mind. It takes just a split second of not paying attention to hit somebody.”

HensonFuerst Attorneys supports all efforts to reduce the incidence of Driving While Distracted. We know the devastation that can occur from a moment distraction. If you have been injured as the result of a motor vehicle wreck and want to discuss your legal options, give us a call at 1-800-4-LAWMED. We’re here everyday, 24/7. You can also learn more at our website: www.lawmed.com.

If you have questions, HensonFuerst has answers.

Click here to read the full N&O article:  http://www.newsobserver.com/2011/06/08/1256438/victim-launches-a-crusade.html#ixzz1Oh20o2Qs

Popularity: 5% [?]

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7
Jul

Support for New Bill to Streamline Medicare Reimbursements

Imagine that you have been in a car wreck and are unable to work because of your injuries… or that you have ongoing hospital bills due to medical malpractice. You’ve done everything right. You took your case to court and won a settlement for your losses. How long do you think it might take to receive the money you need to pay your mortgage or other bills?

If you are younger than age 65, you could receive your settlement check within weeks. That sounds right, right? Here’s the problem: If you are age 65 or older, your settlement check could be delayed by years. Yes…years. The difference is due to the red-tape run-around involving something called the Medicare Secondary Payer System (MSP).

The MSP was the product of good intentions. It was designed to help keep Medicare solvent by reimbursing the Medicare Trust Fund if another insurance or compensation source is available to pay for health care costs. The timeline (ideally) would go like this:

  1. An injury occurs.
  2. The medical bills are paid by Medicare.
  3. A lawsuit is filed.
  4. A lawsuit is won.
  5. Medicare is contacted.
  6. Medicare bills are tallied.
  7. Medicare is reimbursed from the settlement money.
  8. The remainder of the settlement goes to the injured person.
  9. Other bills get paid and justice is done.

Again, that’s the ideal. In reality, this is what happens (differences are highlighted):

  1. An injury occurs.
  2. The medical bills are paid by Medicare.
  3. A lawsuit is filed.
  4. A lawsuit is won
  5. Medicare is contacted. (So far, so good.)
  6. Medicare sits on the request to tally the bill.
  7. Medicare sits on the request to tally the bill.
  8. Medicare sits on the request to tally the bill.
  9. Medicare sits on the request to tally the bill.
  10. Medicare sits on the request to tally the bill. (ad infinitum)
  11. Other bills don’t get paid; justice is not done.

The funds that have been won in a lawsuit can be tied up for years due to the red-tape and inefficiencies of the MSP system. And remember, we’re talking about senior citizens–many of them die before they see a dime of the money that could improve their lives.

What Is Being Done?

There is currently a Bill before Congress that would streamline the process of Medicare reimbursement. The Bill (HR 4796: The Medicare Secondary Payer Enhancement Act) will do several things. Most importantly, it will require that Medicare respond to requests for recovery information within 60 days… that Medicare develop an appeals process for repayment determinations…and that there be a 3-year statute of limitations, so that Medicare can’t ignore injured seniors forever.

One has to wonder why the system would allow this kind of bureaucracy or incompetence to continue. Don’t they want funds repaid in a timely manner? Who benefits from keeping the law in place as it is? It seems like no one: The bill was introduced in March 2010 by Reps. Patrick Murphy (D-Pa.) and Tim Murphy (R-Pa.). It is co-sponsored by 26 other Representatives–Democrats and Republicans–and is backed by a varied group of organizations and businesses, including Walmart, the Defense Research Institute, the American Insurance Association, and Safeway.

HensonFuerst also supports the bill. We have seen many of our clients suffer needlessly–additional suffering on top of their injuries–because of the current difficulties with Medicare reimbursement. If you want to read the full bill and see its status, click here: http://www.govtrack.us/congress/bill.xpd?bill=h111-4796

And if you want to send a message of support to your Representative in Congress, go to the website for People Over Profits (http://www.peopleoverprofits.org), or click here to be taken to their dedicated web page: Support HR 4796.

Popularity: 53% [?]

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22
Jun

Are You Ready for Phone-Free Driving?

According to the News & Observer Road Worrier, the U.S. Senate is considering a bill that would reward states with millions of dollars in grants if they outlaw all phoning and texting while driving. The bill is called H.R. 3994: Distracted Driving Prevention Act of 2009. (You can read the bill itself here: Distracted Driving bill.)

Research shows that talking on a cell phone–even a hands-free phone–increases your risk of being in a car wreck. In fact, driving while distracted is just as dangerous as driving while intoxicated. (Is it time for a new acronym? If we already have DWI, is it time for DWD?)

North Carolina already bans cell phone use while driving for school bus drivers and people under age 18. Texting is banned for all drivers. But as noted by the Road Worrier:

Our partial bans are steps in the right direction, but their limitations make them hard to enforce. Even if a cop sees that driver gripping her new Samsung Galaxy S Pro Android phone, it might be hard to guess how she’s using it or how old she is.

The bill has already been endorsed by the National Safety Council.

HensonFuerst also supports the bill. Cell phones are great–we don’t know how any of us would get through a day without them–but most of us underestimate the effect they have on our ability to pay attention when attention is critical, like when driving. Just yesterday we posted an entry on our Traumatic Brain Injury blog (Head Injury from Summer Fun) that reported that cell phone use is to blame for some of the increase in head injuries for cyclists.

There has to be a way to integrate beneficial technology into our lives, without putting ourselves at risk of injury, trauma, or death. Everyday, the injury attorneys of HensonFuerst represent people who have been seriously hurt in wrecks caused by distracted drivers. Power down the cell phones…save a life.

More Information

To sign a “No Phone Zone” pledge (Oprah’s website!), click here: No Phone Zone Pledge.

If you have been involved in a cell phone-related motor vehicle wreck and you want to learn about your legal rights, see the HensonFuerst auto wreck page: http://www.lawmed.com/north-carolina-auto-accident-lawyer.php.

To read more about the effects of distracted driving, and to watch Public Service Announcement, go here: www.Distraction.gov.

Read the full Road Worrier article:  http://www.newsobserver.com/2010/06/22/545192/senate-pushes-for-phone-free-driving.html#ixzz0rbIVBMPi

Popularity: 20% [?]

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29
Apr

URGENT: Graco Crib Recall

The U.S. Consumer Product Safety Commission (CPSC) has announced a voluntary recall of 217,000 Graco-brand cribs due to risk of infant suffocation, strangulation, and brain injury.

The cribs involved are LaJobi-manufactured Graco wood full-sized, “drop-side” cribs. A full list of model names and numbers can be found on the CPSC website here:  Graco Crib Recall Information (http://www.cpsc.gov/cpscpub/prerel/prhtml10/10212.html).

The cribs were sold in retail stores nationwide between February 2007 and March 2010.

Consumers should immediately stop using the recalled cribs and contact LaJobi to receive a free hardware retrofit kit that will immobilize the drop side. CPSC urges parents and caregivers to find an alternative, safe sleeping environment for their baby.

For additional information, contact LaJobi toll-free at (888) 842-2215 anytime, or visit LaJobi’s Web site.

There have been reports of at least six children falling when the drop side failed, and at least one child suffered a mild traumatic brain injury (concussion). If your child was injured by a Graco crib and you have questions about your options, call the compassionate lawyers of HensonFuerst. If you have questions, we have answers. Let us help you protect your child.

Popularity: 27% [?]