Concussion Injuries and mild Traumatic Brain Injuries remain a major health problem. The task of bringing justice to the victims of concussion and mild Traumatic Brain Injuries is a major endeavor for personal injury lawyers because they are so often overlooked by the medical community and fly under the radar. Without medical evidence to support a claim for concussion injury or mild Traumatic Brain Injury, it is virtually impossible to obtain justice for the victims.
In the last year, the Schmidt Salita Law Team has successfully fought that battle and have brought home settlements for concussion cases overlooked by the medical community as follows:
-$900,000 for a lady that was treated and released at the ED with no diagnosis of concussion or TBI;
-$500,000 for a man that was treated primarily for a leg injury with an incidental diagnosis of mild TBI that was then overlooked and not treated for 2 years before my workup;
-$350,000 for a lady that did not seek any medical attention for 24 hours and then was diagnosed and treated for neck and back injuries while the concussion symptoms were overlooked for 3 ½ months.
Douglas Schmidt has recently given seminar presentations to lawyers, doctors, health care professionals and others on the following subjects:
-That 60% of Concussions in Car Accidents Go Undetected/Undiagnosed.
-Victims Cannot Self Diagnose or Give An Accurate History.
-ER Physicians Cannot Reliably Diagnose Concussions. (The peer-reviewed publications of the Academy of Emergency Medicine concede that point.)
-Most MDs Don’t Take a Proper History. (Post Traumatic Amnesia is more significant than Loss of Consciousness (LOC)
–The Schmidt Salita Law Team Does Active Screening For Concussions and directs its clients to knowledgeable providers. (Our findings are that 60% of car accident injury victims score moderately to severely high on the Rivermead Post Concussion Questionnaire. Approximately 80% of that group has not been diagnosed with a concussion injury.)
-Post Traumatic Amnesia Is a More Important Indicator of Brain Injury Than Loss of Consciousness.
-Medical literature has recognized that PTA is a more important indicator of the severity of a concussion injury than LOC.
-PTA is a transient, intermittent symptom requiring special knowledge for proper history-taking.
-Many Concussions Have a Delayed Development.
-Delayed onset of symptoms is very common (Mauer, Morneau, Leidner)
-Vision Problems Are A Serious Consequence of mTBI, including Convergence Disorder, Slowed saccades/pursuit, 4th Nerve Palsys.
-Balance & Dizziness Deficits Are A Significant Consequence of mTBI/Concussions.
-NeuroPsychological Testing is a “Rule In-Not Rule Out”. (NP testing only tests for 4 out of the 16 well recognized PCS symptoms. It is done in an environment that does not replicate the interferences of daily living in the real world.)
The understanding of these basic principles by any personal injury lawyer is important to the task of bring justice to the victims of concussion and traumatic brain injuries.