Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Traumatic Brain Injury

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printing houseA construction worker died after a scaffolding plank fell on his head at a New York construction site. 32 year old Luis Mata, was dismantling scaffolding at the Printing House Luxury Condos on Hudson Street when one of the planks became loose and fell 10 stories on his head. The construction worker was wearing a hard hat but the impact was so strong that he suffered severe head and neck injuries. He later died from his injuries at the hospital. Luis Mata was a non union worker from Mexico. He was living with his uncle in Westchester County. He was supporting his mom in Mexico.

Unfortunately we are seeing an increasing number of construction site accidents on non union jobs, as a result of contractors not implementing proper safety measures.

Following the accident, the NYC Department of Building issued a partial stop work order on the building. DOB records for the building located at 421 Hudson Street show that at the time of the fatal accident, the building had 6 open ECB violations including two class 2 and two class 1 violations  as well as 8 DOB violations.

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Flag footballAn increased number of parents have been worrying about their kids getting injured in contact sports after seeing the movie “Concussion” (see our previous blog). In a recent article Kristy Arbogast, Co-Scientific Director and Director of Engineering for the Center for Injury Research and Prevention at The Children’s Hospital of Philadelphia and a Research Associate Professor of Pediatrics at the University of Pennsylvania says many parents have asked questions about chronic traumatic encephalopathy (CTE). Parents want to know if kids who play contact sports are at risk to  develop CTE in the future. Kristy Arbohast who is a brain injury specialist, says that so far unfortunately there is no answer to this question. Some kids who played contact sports at high level (collegiate football or rugby) have developed symptoms of CTE but scientists still don’t know what predisposes a person to CTE.

Kristy Arbohast recommends that parents whose kids are interested in being involved in a contact sports make sure they are are proprely managed and coached. Parents should check that their child is playing in a league that requires coaches to be trained to recognize concussion signs. The coach should not only be trained in recognizing concussion signs but also have to respect the time that is needed to recover from a concussion. Recent research has shown that the best way to recover from a concussion is rest and then a progressive return to learning and playing activities.  Additionally parents should advocate for changes in rules to promote safety. Some rules can be changed so children are protected from injuries but still learn the skills for a specific sport. Flag football is a good example of how a child can still develop football skills while limiting personal injuries related to tackling players to the ground. Rules in hockey which prohibit body checking for youngsters have also help in reducing the number of head injuries in youth hockey.

The complete article can be read here

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will smithNFL players who suffer repetitive traumatic brain injury during their career have a high risk to develop Chronic Traumatic Encephalopathy (CTE).  CTE  is a progressive degenerative disease. Individuals affected by CTE often show symptoms of dementia such as loss of memory, confusion, depression and aggression.

Dr. Bennet Omalu, now the chief medical examiner, San Joaquin County in California, was one of the first doctors to detect CTE in NFL player’s brains.  Thirteen years ago as he was working at the Allegheny County Coroner’s Office in Pittsburgh he autopsied Mike Webster, a Hall of Fame center for the Steelers. Webster became so mentally ill that he ended up living in his pick up truck. During a dementia crisis, he pulled out his teeth and glued them back with superglue. He also shocked himself with a taser on a regular basis.

malu found that Webster’s brain was riddled with dark tangles of tau protein, which he explained had choked Webster from the inside out. He identified the condition as CTE and attribuDuring the autopsy, Dr Oted it to the estimated 70,000 hits to the head that Webster endured during his career. Dr Omalu then examined other players such as Terry Long, Justin Strezelczyk and Andre Waters and found they were afflicted by the same condition. When he showed the results of his research to the NFL they  publicly ridiculed him and intimidated him calling him a quack.

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cme-concussion-2015-std-canonicalEvery day students from elementary school to college are sustaining concussions during sport or playground activities.  A concussion is a type of traumatic brain injury that can affect the student’s cognitive, physical emotional and sleep functions.  Recent research has shown that knowledge of a concussion’s potential effects on a student and appropriate management of the return-to-school process is critical for helping students recover from a concussion.  Clinicians and school personnel who are  are involved in the management of care for students with concussion can attend a one day conference on this subject organized on May 9th by the Children Hospital of Philadelphia. Click here for more info and to register. For detailed information on Traumatic Brain Injury see the CDC related web page.

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cruise%20medical.jpgIn 2011, the family of 82 year old Pasqualre Vaglio from New York sued a cruise line for medical malpractice after the medical staff on board failed to diagnose a brain injury that would lead to the death of the man a few days later. Medical malpractice lawsuits against cruises have been for a long time impossible to win as cruise lines would use various exemptions created by previous court decisions. One of these exemptions known as “Barbetta” held in 1988 that passengers should not expect the same type of medical care on a ship as on land and ships’ doctors and nurses were private contractors beyond the cruise lines’ direct control. In the recent Vaglio case, a three-judge panel of the 11th U.S. Circuit Court of Appeals – which has jurisdiction over the major Florida-based cruise lines – recently held Barbetta is outdated law. The judges said that the doctors and nurses on the cruise line were wearing the cruise uniforms and were held out as ship employees in the promotional material of the cruise line. They also opined that cruise lines these days have sophisticated ICUs and laboratories. They can video conference with medical experts if necessary.

Read more in the New York Times

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Recent research has demonstrated that concussions and head injuries in young athletes are even more dangerous than previously thought. Today between 1pm and 2 pm EST, a panel of researchers, athletes, doctors and public advocates will participate in a Twitter Chat on sports-related head injuries in children, tweeting under the handle @safetymd. The chat is hosted by Childress Institute for Pediatric Trauma (@injuredkids) in partnership with Richard Childress Racing. Anybody is welcome to join and share their #HelmetSelfie.

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Citi%20Bike.jpg73 year old Ronald Corvin is suing Citi Bike for the traumatic brain injury he suffered after a bicycle accident during which he fell from one of the Citi Bikes he was riding. The Citi Bike lawyer is arguing that the man should have worn an helmet. However Citi Bike stations in New York do not provide the option to rent helmets at their docking station. This option exists in Canada and in Australia where Alta, the Citi Bike operator, has installed helmet rental kiosks for their clients. Read more in the NY Daily News

It will be interesting to follow the evolution of this case as the Citi Bike program doesn’t have any insurance on their bikes. The cyclists using the share program are responsible for the damages incurred while they are using the bike. (read more here)

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Anna%20Maria%20Mostrom%20FB.jpg29 year old Anna Maria Mostrom, a Swedish model, was riding her bicycle on Main St., Roosevelt Island, NYC, when she was struck by a New York City bus making a left turn. The woman fell on the ground and sustained severe brain injuries. She was transported to the hospital where she already has undergone two surgeries. According to the NY Daily News, the young woman is brain dead and her prognosis is bleak.
Picture: Facebook

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59 year old Jill Tarlov was struck by a cyclist as she was in a crosswalk in Central Park last Thursday.She suffered severe head trauma and was on life support before she passed away this week-end.

According to witnesses the cyclist was riding his bike recklessly and was most probably above the 25 miles-per-hour speed limit. He swerved to avoid a group of pedestrians and hit the woman.

Transportation Alternative, a bicycling and walking advocay group, released a statement asking the NYPD to “investigate the accident including the cyclist’s speed as he approached Ms. Tarlov”.

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An 87 year old woman who was trying to cross the street was hit by a car near Willets Point Blvd and 163rd St in Flushing, Queens, New York, yesterday night. She suffered severe head injuries and later died in the hospital.

In New York City, senior pedestrians have a higher risk to die in a car accident than adult pedestrians. Recent statistics from the DOT show that seniors represent 12% of the NYC population but account for 36% of NYC pedestrian traffic fatalities.
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Source: DOT Safe Street for Seniors New York City

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