TheAthletesLawyer

Lauren Holtzman of ABRAMS LANDAU, Ltd., investigating another triathlete's brain injury and head trauma case

Juries are skeptical. It is important to have objective evidence. In other words, juries may “filter out” subjective complaints UNLESS there are supporting documents, photos, x-rays or other OBJECTIVE evidence.

It is for this reason that Herndon brain injury attorney Holtzman requests x-ray, MRI and CT Scan reports and definitive diagnoses from potential clients, rather than treatment notes and subjective journal entries. If you have been in a bicycle crash, attacked by a dog, struck by a car, disabled due to a defective bike component, bitten by someone’s pet, injured while cycling, or the victim of someone else’s negligence or unlawful behavior, call us at once. Remember, the more evidence, information and documentation we can gather immediately after the crash or animal attack, the greater the chances of success later in Court.

Looking over his “post mortem notes” after the Reston Sprint Triathlon Sunday, Doug Landau noted several key mistakes that cost him 3-5 minutes.

TheAthletesLawyer Doug Landau critiques his performances in all races, as well as all cases, in order to improve

2. Freeze an inch or two of liquid in the water bottle if it will be a hot day. HOWEVER, take your straw out first. Landau blew it again. He could not get any liquid Cytomax during 80% of the ride because his straw was frozen. Then, in pulling on it to shake the ice out, he broke the aero bottle straw. He also did not have a second bottle because it was such a short race ! There was plenty left in the bottle after the race.

3. Start you heart rate monitor, stop watch, cyclometer, time window swim chronograph and other electronics BEFORE you leave the wall to swim. Stopping in the pool will result in your getting passed, cussed at, out of synch and smacked. Starting these things a few seconds before the Race Officials yell “GO !” will now corrupt your data.

Despite these mistakes, Landau swam the 400 meters in 8:07, for 9th place in the 45-49 age category. The Herndon brain injury lawyer followed that less-than-stellar swim with the fastest transition time (0:55) of the group and a decent 5th place bike ride in 31:48 (despite 2 dismounts for mechanical problems). The next transition was a little slow, but good enough for 3rd at 1:05, which, followed by the 4th fastest run in the bracket (22:43 for a hilly 5km.) resulted in an overall time of 1:04:36 and another age group prize.

Trial lawyer triathlete Landau will be a volunteer at the Reston Sprint Triathlon.

Volunteer Doug Landau giving Aquathlon Champion Beth Baker her registration packet

What has happened is that rotational and other movements of the brain during trauma has resulted in injury to numerous axons in both cerebrum and brain stem. Brain injury trial attorney Doug Landau explains that this can happen as the result of a sharp, fast back-and-forth movement of the skull, or a rapid twisting of the head from an impact, or a high-velocity combination of straight and curvilinear motions of the body above the neck. This type of injury has been seen at autopsy following many days after the traumatic injury. In other words, the movement of the head during an accident causes the string-like nerve cells (axons) to stretch, tear or rupture. These specialized cells may not be able to repair or regenerate themselves. There may be swelling, inflammation or disruption of the electrical impulses that make up our “wiring.”

The brain is the “command and control center” of our “wiring system” points out brain injury lawyer Doug Landau. And when the wires are severed or damaged, the signals do not work as intended, with short, and sometimes long term consequences. If you or someone you know has been suffered a brain injury or has symptoms of a head injury, it is critical that they get proper medical attention and seek experienced legal assistance. At ABRAMS LANDAU, Ltd., we help adults and children from around the world with brain injury and head trauma cases.

This important concept explains both short and long term neurologic deficits in patients whose trauma did not produce either contusions, hemorrhages or lacerations sufficient to account for the deficits. Frequently, the latter lesions are minimal but the deficit is severe. Sometimes, notes Herndon Reston brain injury lawyer Doug Landau, there is a minimal laceration (cut) or not cut at all, but the neurological damage is significant. This is often harder on the innocent crash victim because they have no “Red Badge of Courage” to display to friends, family or their physicians to buttress their claims of disability, deficit and suffering. This, in turn can cause anxiety, depression and fear, especially in cases in the long and trying litigation process adds Landau.

The American College of Physicians (”ACP”) recommends that you see a doctor IF:

1. Pain runs down the leg below the knee
2. The leg, foot, groin or rectal area feels numb
3. Fever, nausea or vomiting, stomachache, weakness, or sweating occurs
4. Bowel or bladder control is lost
5. Pain was caused by an injury
6 Pain is so bad you cannot move around
7. Pain does not seem to be getting better after 2-3 weeks.

The ACP and the American Pain Society published guidelines on the diagnosis and treatment of low back pain in December, 2007.  For a “Summary for Patients” of these guidelines, go to www.annals.org/cgi/reprint/147/7/

Many people have low back pain at some time in their lives. It can become chronic, meaning that it comes and goes over months to years.

In the “ANNALS OF INTERNAL MEDICINE” it is suggested that

IF YOU HAVE LOW BACK PAIN:
*Do not lift heavy things or do strenuous work
*Try to keep doing everyday activities an walking, even if it hurts
*Do not stay in bed longer than 1-2 days, because it can make your recovery slower

Dr. Allen Delaney of Commonwealth Orthopedics has treated many patients with traumatic and chronic back pain

TO HELP YOU FEEL BETTER, TRY SOME OF THESE THINGS AT HOME:
*Medicines from the drug store to reduce pain, (acetaminophen, ibruprofen - read the labels !)
*Heating Pads or hot showers
*Massage

See tomorrow’s post for suggestions from the ACP as to when you should see a doctor. For more information, in English and Spanish. try the American Academy of Family Physicians (http://familydoctor.org/online/famdoces/home/common/pain/treatment/117.html)

In the previous posting, brain injury lawyer Doug Landau listed Direct Effects of head trauma and brain injuries.  In addition to those sometimes permanently disabling effects of an impact or blow involving the skull and brain, the Herndon Reston trial attorney notes that there are “Secondary Effect” which can also be quite devastating to the innocent victim of a bike or car crash.  Listed below are Secondary Effects of brain injury and head trauma:

B. SECONDARY EFFECTS

1. Cerebral edema or swelling

2. Herniations of brain tissue

3. Infection

4. As a result of traumatic brain damage, there may be permanent localizing neurologic defects or post-traumatic epilepsy.

www.pathology.vcu.edu/WirSelfInst/trauma.html

Doug Landau gives swim star Beth Baker a noogie, which will not result in brain damage or a closed head injury

A. DIRECT EFFECTS

1. Skull fracture

2. Hemorrhages–epidural, subdural, subarachnoid or parenchymal

3. Lesions to brain–contusion, laceration [ the most minor “lesion” has no identifiable gross or microscopic counterpart in human material and is the concussion which produces unconsciousness].

4. Diffuse axonal injury [DAI]