Issue: May 2012
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Repeat Brain Trauma That Is More Than a Bump on the Head: Multiple Concussion Injury and Second Impact Syndrome

Introduction

Liability for Multiple Concussion Injury

Nearly two million people end up in emergency rooms for concussion every year. The cumulative effects of multiple concussion injury and Second Impact Syndrome can result in cognitive deficits, personality changes, migraines, and a myriad of other impairments.

 

It is essential for plaintiff and defense attorneys and in-house insurance and hospital professionals to stay abreast of all that is happening in brain injury litigation and who is and isn’t being found liable.


The Perspectives: Improve Your Strategy

Attorneys:

What proof is needed for a lawsuit involving multiple concussion injury?

Physicians:

How can liability for medical malpractice be avoided for multiple concussion injury?

Insurers:

Can a payout under a liability policy be avoided by proof that the plaintiff assumed the risk of injury or executed a release of liability, or that there was no coverage for concussion injury or the type of negligent act that caused the concussion injury?

Employers:

Can an employer be subject to liability for multiple concussion injuries?


Practice the Technique: Checklists

Attorneys:

Counsel must develop a list of facts and circumstances, specific to the client’s fact situation, which demonstrates proof of multiple concussion injury.

Physicians:

Physicians must consider this litigation checklist when defending an alleged medical malpractice or negligence claim arising from improper diagnosis of a multiple concussion injury.

Insurers:

When investigating a claim of multiple concussion injury or Second Impact Syndrome, the insurer should carefully evaluate the actions of the health provider, the patient, and any other party implicated in causing the patient’s head injury.

Employers:

A checklist for employers to determine if a multiple concussion injury or Second Impact Syndrome or other related injury such as Chronic Traumatic Encephalopathy (CTE) is "work-related."

Expert Analysis

What Injury and Health Risks Do Professional Athletes Assume?

Matthew J. Mitten, JD

How Can Sports Medicine Providers Protect Against the Risk of Concussion Injury Lawsuits?

Steven Pachman, JD

What Are the Components of a Brain Injury Assessment?

Marvin Firestone, MD, JD, FCLM, DLFAPA

How Does Multiple Concussion Injury Affect a Career and What Symptoms Prove Damages?

Karen Czapanskiy, JD

Litigation

Alternative Dispute Resolution

Arbitration or mediation may be required by contract or statute, mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.


Reasons to Reach Settlement

Reasons why the attorney, physician, insurer, or employer would want to reach settlement, and not take the multiple concussion injury action to trial.


Reasons to Go to Trial

Reasons why the attorney, physician, insurer, or employer would want to take the multiple concussion injury action to trial.


Jury Awards and Settlements

How much have juries awarded recently in cases involving multiple concussions, Second Impact Syndrome and Post-Concussion Syndrome?



Medical Examples

Medical: Multiple Concussion Injury; Second Impact Syndrome

This section provides detailed medical information on multiple concussion injury, grading, loss of consciousness, the syndromes, symptoms, diagnosis and treatment, and discusses the prognosis and ability to work.



Law and Medicine Resources

References

A listing of law and medical references for further information on multiple concussion injury.


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Repeat Brain Trauma That Is More Than a Bump on the Head: Multiple Concussion Injury and Second Impact Syndrome

Table of Contents
Introduction

Expert Analysis
   Matthew J. Mitten, JD
   Steven Pachman, JD
   Marvin Firestone, MD, JD, FCLM, DLFAPA
   Karen Czapanskiy, JD

The Perspectives: Improve Your Strategy
   Attorneys
   Physicians and Health Providers
   Insurers
   Employers and Risk Managers

Practice the Technique: Checklists
   Attorney Checklist
   Physician Checklist
   Insurer Checklist
   Employer Checklist

Alternative Dispute Resolution

Reasons to Reach Settlement

Reasons to Go to Trial

Jury Awards and Settlements

Medical: Multiple Concussion Injury; Second Impact Syndrome

References