Syracuse Injury Lawyer Blog

The departments of Defense and Veterans Affairs recently announced that they are investing additional resources into research, prevention, early detection, outreach and treatment for concussions, post-concussion syndrome and traumatic brain injuries. The goal is to provide better care for service members and veterans suffering from a traumatic brain injury or coping with post-concussion sundrome.

According to Air Force Colonel (Dr.) Michael Jaffee, who recently spoke to the Senate Veterans' Affairs Committee, said that the two departments will coordinate their efforts to better understand brain injuries through clinical trials and published research. One way the departments plan to better treat brain injuries is to implement mandatory concussion screenings for all service members who could have suffered a brain injury due to an accident or incident. Stated differently, everyone at risk for a concussion will be examined for signs of brain damage.

New efforts to diagnose and treat brain injuries will include a multi-disciplinary approach to treatment and, in conjunction with a bill recently signed by President Obama, will enable many service members to receive care at home. Inevitably, better military care will translate into better medical care for civilians, including those who suffer a brain injury in a car accident, or brain damage from a construction site fall.

Continue reading "DOD and VA Research Into Concussions and TBI Welcomed By Syracuse Brain Injury Lawyer" »

After a long winter, the sun is finally warming Central New York. Residents in Syracuse, Oneida, Oswego, Cortland, Ithaca, Auburn and Watertown will soon be spending much of their time outdoors, whether golfing, boating, biking, running, skateboarding, or rollerblading.

According to the Brain Injury Association of America, Syracuse-area residents and their children should remember to obey the rules of the road and wear a properly fitting helmet. A $20 helmet that fits properly and is worn properly can reduce the risk of brain injury and brain damage by nearly 90%. Choosing the right helmet and wearing it the right way are critical.

To avoid a traumatic brain injury or concussion, remember:

1. Helmet straps should form a "V" under the ears.
2. Chin straps should be connected and snugged. No more than one finger width of space should separate the strap from the chin.
3. Helmets should be worn on the forehead no more than two finger-widths from the eyebrows.
4. Helmets should not move side-to-side (laterally).
5. Helmets should match the sport. That is, a helmet designed for rollerblading should be worn for that sport, not for softball.
6. Helmets should be inspected for damage.
7. Helmets with cracks or other visible damage should not be worn.
8. Children should wear helmets whenever practicable. In the State of New York, all bicycle riders under age 14 must wear a helmet.

Continue reading "Brain Injury Accident Avoidance Tips For Central New York" »

The Syracuse chapter of the Brain Injury Association of New York State recently announced that it will hold its Fourth Annual Golf Classic on June 25, 2009, at Turning Stone. Cost to enter the tournament is $200 per player - proceeds to go to the Syracuse chapter of the Brain Injury Association.

Continue reading "Syracuse Brain Injury Chapter Schedules Oneida Turning Stone Fundraiser" »

Defense medical examinations, also known as IMEs, performed by Central New York doctors working for insurance companies are were recently the subject of a statewide investigation conducted by the New York Times.

According to a New York Times review of workers' compensation case files, medical records, and patient interviews, "independent medical examinations" and the reports that follow are are frequently conducted or prepared in a fashion that benefits insurers by minimizing injuries or by attributing injuries to some other cause or event. Unlike a visit to a treating physician, an IME physician may meet with an injured worker for less than ten minutes. During that ten minute period, the IME doctor may take an abbreviated history, skim medical records, perform a very limited physical examination and send the patient on his or her way without an ounce of compassion. After that examination, the majority of IME reports conclude that the patient is not injured or, if injured, is not disabled.

Many refer to Syracuse-area IME doctors as "Dr. No" or "Dr. Says-No," because no matter how badly injured, certain doctors will consistently find no injury or no disability. The New York Times interviewed Dr. Alan Zimmerman, an orthopedic surgeon practicing in Queens, New York. According to Dr. Zimmerman, "[b]asically, if you haven't murdered anyone and you have a medical license, you get certified." Dr. Zimmerman added that its "clearly a nice was to semi-retire." Dr. Zimmerman, 75, conducts orthopedic IMEs.

IME examinations are very profitable for doctors (some earning nearly $1,000,000 per year performing examinations and testifying in court), and were poorly regulated until 2001. In 2000, a Long Island doctor conducted five IMEs in a Long Island bar. Some examiners, of course, do furnish honest examinations.

A small study conducted a few years ago at the Central New York Occupational Health Clinical Center in Syracuse, New York, revealed that the clinic's treating physicians and local independent medical examiners almost always disagreed on whether an injured worker was disabled.

Continue reading "Central New York Injured Worker Compensation Lawsuits Limited By Independent Medical Examinations" »

The New York State Department of Health recently approved a $3.3 million expansion of the St. Camillus Health and Rehabilitation Center (Syracuse, New York) in order to increase outpatient services available for brain injury patients, including those with brain damage and disability caused by a stroke, trauma, fall, or accident. The 12,000 square foot expansion will include a new entrance, exercise rooms, recreation facilities and rehabilitation counseling for brain injury patients. As part of the project, the day care facility will expand from 40 to 52 beds per day.

The brain injury rehabilitation program at St. Camillus is well established. The treatment team includes a case manager, dietitian, neuropsychologist, occupational therapist, physiatrist, physical therapist, recreation therapist, rehabilitation counselor, rehabilitation nurse, social worker, and speech/language pathologist.

Continue reading "Syracuse Brain Injury Center Expands To Treat Stroke, Crash and Fall Victims" »

According to Dr. Elizabeth Murray, of the Golisano Children's Hospital, soon coming to Syracuse, New York, children are safer in rear-facing car seats, even after they are old enough or large enough to ride in forward-facing car seats.

It was once thought that children should be turned-around or moved into a forward-facing car seat when they are 12 months old, or weigh more than twenty pounds. Recent studies suggest that children should stay in a rear-facing car seat for as long as possible. The American Academy of Pediatrics is on the verge of releasing new recommendations that would urge parents to keep children in rear-facing car seats until age two in order to prevent neck injuries, such as cervical fractures (i.e., a broken neck).

In order for a car seat to be effective in preventing injury, it must be installed properly. Remember that rear-facing car seats are installed tightly and are not placed in the front seat of a car with an active passenger air bag. Also make sure that car seat harnesses are at baby shoulder level, that a car set is installed at the correct angle, and that seatbelts are buckled correctly. Use the LATCH system were possible.

Continue reading "Syracuse Doctor Urges Parents To Use Rear Facing Car Seats To Decrease Babies Injured In Car Accidents" »

At St. Joseph's Hospital Health Center in Syracuse, New York, infants born with select brain injuries, which can be due to a labor and delivery complication or obstetrical malpractice, are now receiving cold therapy treatments.

Research suggests that cold therapy, which consists of placing a newborn baby on an icy cold blanket for 72 hours after birth, may reduce brain damage caused by a lack of oxygen or blood flow at birth, known as hypoxia, ischemia, or asphyxia. A lock of oxygen or blood flow can lead to brain damage, including cerebral palsy, mental retardation and other developmental problems.

Practically speaking, cold therapy slows metabolic activity in the brain which may prevent the second stage of injury due to oxygen deprivation - second stage injuries occur as blood and oxygen flow returns to portions of the baby's brain deprived during delivery. Swelling is common during this time period, which the cold therapy is intended to reduce.

At St. Joe's, the therapy was recently applied to two babies born following placental abruption, which is a life-threatening condition (for the mother and baby) where the placenta separates from the uterus. Crouse Hospital, which operates Syracuse, New York's largest neonatal intensive care unit, has plans to introduce cold therapy during the Spring of 2009.

Continue reading "Syracuse Newborn Brain Injuries To Be Reduced By Cold Therapy Available At St. Joseph's Hospital Health Center" »

In 1996, Cafe Plus Coffee Shop opened on 216 West Manlius Street in East Syracuse, New York. According to the Cafe Plus website, the store is run "by and for head-injured people." In addition to coffee and bagels, Cafe Plus is a venue for much more than a caffeinated beverage, including activities such as cards, checkers, live music, movies, computers, creative writing, yoga, and motivation speakers.

Cafe Plus' website is also an excellent resource for traumatic brain injury patients, as it includes links to many well-known authorities, including The Traumatic Brain Injury Survival Guide, the Brain Injury Resource Center, Upstate Medical Center Library, Brain Injury Information Network and the National Brain Injury Foundation.

Continue reading "Syracuse Head Trauma Cafe For Brain Injury Victims" »

On Wednesday, September 26, 2007, a local jury unanimously awarded the victims of a violent motorcycle collision $3,418,405.60 in damages. The injured plaintiffs were represented by Anthony S. Bottar and Michael A. Bottar.

On June 4, 2004, the plaintiffs, Stephen D. Salisbury, Jr. and Christine K. Dannible, were on a motorcycle driven by Mr. Salisbury. While stopped at a red traffic light, an automobile operated by defendant, Jonelle Christian and owned by defendant, Central National Bank (leased to defendant, Anthony Christian) rear-ended the motorcycle. The violent collision threw the plaintiffs from the motorcycle, causing Mr. Salisbury to suffer a compound tibia fracture requiring surgical correction, and causing Ms. Dannible to suffer a "mild" traumatic brain injury.

At trial, the defendants did not dispute that the collision caused Mr. Salisbury's broken tibia, but contended that there was no radiological or diagnostic evidence that Ms. Dannible suffered a brain injury.

Mr. Salisbury called his treating orthopedic surgeon. Ms. Dannible called her treating neurosurgeon, psychologist and concussion management program director, internist, nurse practitioner and physical therapist who unanimously opined that she suffered a mild traumatic brain injury in the collision, and is and will continue to suffer from the effects of post-concussive syndrome. Defendants called a neurologist and neuropsychologist who, on cross-examination, conceded that Ms. Dannible suffered a mild brain injury in the collision.

The case went to the jury after eight days of trial. After deliberating for three hours, the jury awarded Mr. Salisbury $12,061.24 for past medical expenses and $150,000.00 for past pain and suffering. The jury awarded Ms. Dannible $34,098.36 for past medical expenses, $122,246.00 for past loss of earnings, and $300,000.00 for past pain and suffering, as well as $1,000.000.00 for future medical and rehabilitation expenses (including medication), $800,000.00 for future loss of earnings, and $1,000,000.00 for future pain and suffering. Plaintiffs are entitled to statutory interest, increasing the total verdict to more thabn $4,000,000.00.

Continue reading "Syracuse Brain Injury Verdict Arising Out Of Motorcycle Accident" »