So, You Have a Brain Injury Case...
Traumatic brain injuries are insidious---they lurk in darkness until the symptoms wreak havoc in the previously "normal" life, say Ilya E. Lerma and Charles Chuck Bennett, trial consultants with Trial Structure.
January 26, 2021 at 11:49 AM
8 minute read
Preparing this story, I shared with Charles that 20 years ago and a very green trial lawyer, I was fortunate to have a supervising attorney say, "Don't miss the brain injuries! Everyone always misses the brain injuries!" while shoving a rudimentary checklist at me. The list covered everything from physical symptoms like nausea, vertigo and sensitivity to light, to memory loss, word recall, and gaps in memory. They were to be covered with every new client. In those days, the medicine had not progressed so that axonal injuries could be detected by MRI unless they were "serious" or "severe" head injuries. For the moderate, mild, or "concussion" cases, we were left to rely only on neuropsychological testing and a scrappy handful of medical articles. It did not play out well. In one case many years ago, the jury "zeroed" my client, Judy* a math and accounting prodigy now unable to manage her own checkbook. Their rationale: The scan at the ER was negative and since no one diagnosed brain injury in the first two months there was "no evidence" of brain injury related to the vehicle crash.
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