Articles on Brain Injury
 © David L. Goldin, J.D., M.B.A.

Breaking the Silence
on Brain Injury

What do Steve Young, Troy Aikman, Stan Humphries, Eric Lindros, Pat LaFontain, Dale Ernhardt, Jr., Chris Irwin, George Clooney, and probably 20% or more of our troops returning from Iraq and Afghanistan, have in common? This is an increasingly important question; please take a moment to think about it before reading on. It is time to break the silence of the TBI epidemic.

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How Trauma Affects the Brain

When trauma to the soft brain tissue occurs, whether from falls, blows, crashes or blasts, this often causes stretching or tearing of axons resulting in the nerve impulses not transmitting or transmitting less efficiently. It is as if each time you want to turn on the lights in a room in your home you have to try the switches in several different rooms to do so, sometimes without success.

Here are two animations from YouTube illustrating what happens when there is trauma to the brain: 

http://youtube.com/watch?v=gCMS8aOmK1M; http://youtube.com/watch?v=AmAML1-F2LE. 

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Traumatic Brain Injury: 
Signature Injury of the War in Iraq and Afghanistan

The horror of traumatic brain injuries being suffered by our troops in Iraq and Afghanistan is becoming increasingly evident. The most damaging weapon of this war, the improvised explosive device (IED), is leaving a signature wound on our heroic troops: traumatic brain injury. Even when not knocked out by the blast, the forces unleashed by the explosion can leave permanent scars on the brain without visible wounds. Our returning soldiers may not even know they have been injured but can not account for the changes in their cognition, behavior and personality. They may find themselves confused, irritable, restless, unmotivated, angry, unable to focus their attention, disorganized, lacking former judgment, slow in thinking, with memory deficits, depressed, and feeling "like a different person," and yet not realize that this is caused by a traumatic brain injury.

(Complete Article)

Silent Epidemic

What do Steve Young, Troy Aikman, Stan Humphries, Eric Lindros, Pat LaFontain, Dale Ernhardt, Jr., and George Clooney all have in common?

All have suffered a traumatic brain injury or concussion. Any concussion is a brain injury, a short paralysis of the brain, although many do not realize that. With the exception of George Clooney, all of these football, hockey and NASCAR stars were wearing state-of-the-art helmets when they sustained their brain injuries.

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"Mild" Brain Injury Litigation: Making the Invisible Visible

This article deals with how a lawyer handles brain injury litigation, especially those cases in which injuries are characterized as "mild."

The paradox of an apparently minor trauma causing major injuries and damages must be explained. To accomplish this in a courtroom, it is of utmost importance that credibility of the client, attorney and medical team be established. Without credibility, the reality of the brain injuries will not be believed by those who need to be influenced in the litigation, namely, the opposing party and its insurance company, the judge, and ultimately, the jury.

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What is "Mild" Brain Injury?

"Mild" or "minor" brain injury can be a tragic misnomer because these injuries often cause lifelong disabilities. Typically, the diagnosis of mild brain injury is given where there is trauma to the brain, but the trauma results in only brief unconsciousness, or none at all, and the brain injuries do not show up on imaging studies such as an MRI or CT scan. The condition is sometimes called "post-concussion syndrome or disorder" or "post-traumatic syndrome," with the latter term including those cases where there is no concussion. Various statistics estimate that two million people suffer traumatic brain injury each year in the United States of whom 400,000 are hospitalized. Tragically, while most of those suffering "mild" traumatic brain injury recover, there is a "miserable minority" who suffer lifelong consequences, sometimes involving profound disability.

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Recovery of Damages for Traumatic Injury to 
the Miraculous Brain

The healthy brain is a miracle. It controls everything we do. The 100 billion or so nerve cells in the three pounds of flesh we call the brain direct all of our thoughts, feelings, movements, vision, hearing and memories. Injuries to the brain, even "mild" injury, change who we are as a person. See "What is "Mild" Brain Injury?" Our brains are what make us human.

Recovery, however, from brain injury, is not a miraculous process. Rehabilitation, to the extent possible, requires hard work and multi-disciplinary approaches which may involve the fields of neurology, neuropsychology, psychiatry, behavioral medicine, orthopaedics, family medicine, pediatrics, physical medicine and rehabilitation, vocational rehabilitation, speech and hearing, physical therapy, occupational therapy, education therapy, social work, case management and life care planning. 

In those circumstances where brain injury is due to someone else’s carelessness, whether from an accident, malpractice, product defect, or otherwise, it is most important to involve an experienced and caring lawyer at an early date. Recovery of fair compensation from those responsible for the harm may be necessary for rehabilitation and support of the survivor for the rest of his or her life. If the survivor has died, early retention of an attorney is important to establish fault and preserve the evidence.

(Complete Article)

How to Interview and Retain a Lawyer for the 
Brain Injury Case

Retaining your lawyer may be the single most important decision for brain injury survivors and their families. When a person becomes brain injured, the entire family suffers with injuries which can be financially, medically and socially devastating. In those cases where others are at fault in causing your brain injuries, it is most  important the family retain effective legal representation. A competent and caring lawyer is necessary for you and your family to receive reasonable financial compensation for the harm. Fair compensation, in turn, offers the best possible chance for recovery and adjustment on a long-term basis.

(Complete Article)

Report of Changes and Problems after Brain Injury

A form used to develop information provided to the client at the outset of the case and periodically thereafter.

(Complete Article)

Articles on Spinal Cord Injury
© David L. Goldin, J.D., M.B.A.

Your Spinal Cord Injury:
The Medical Facts

Spinal cord injury disconnects the brain from the body below the injury site. Almost everybody knows that spinal cord injury causes paralysis, but many are not aware that the spinal cord also controls the bladder and bowel, sexual function, blood pressure, skin blood flow, sweating, and temperature regulation. Together, the brain and spinal cord make up the central nervous system. The spinal cord itself is the largest bundle of nerves in the body carrying nerve impulses, both motor and sensory, to and from the brain to the rest of the body.

(Complete Article)

Your Spinal Cord Injury: 
Hope and Recovery

There is a great deal that can be done to maximize recovery from spinal cord injury (SCI) with planning and sufficient resources. Christopher Reeve (Superman) suffered a C-2 level spinal cord injury in an equestrian competition in 1995. Before his death in 2004, Chris Reeve taught us how hope, determination and sufficient resources enable recovery from even the most devastating spinal cord injury.

(Complete Article)

Other Articles
© David L. Goldin, J.D., M.B.A.

Medical Malpractice Litigation In California: 
The Hardest Case

Over the years my office has handled numerous medical malpractice cases, virtually all of which were concluded successfully for our clients. We have obtained six and seven figure money recoveries for our clients. The reason for the success is simple: We do not handle medical malpractice cases unless the evidence of the malpractice is clear and convincing from the outset of the case. The reason for this is simple too, in California the most difficult cases are those involving medical malpractice. If the evidence of medical malpractice is not clear and convincing, it is most likely that the case can not be won. 

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Wrongful Death Cuts to the Heart of Family Life

Wrongful death is profoundly about family life. If your loved one has died as a result of the carelessness or misconduct of another person or entity, the loss to the family may be unbearable. That the family is entitled to compensation for this terrible loss goes without saying.

(Complete Article)