Summer is over and football is back.  My University of Texas Longhorns are off to a great start with a big season-opening win over Notre Dame.  Even my daughter’s high school is 2-0.  Everything about football season is great, right?

Maybe not.

You see, football season may be affecting your case.

Earlier this week, the Atlantic published a concerning story about a study from LSU economists Naci Mocan and Ozkan Eren, who found that the results of college football games affect how judges rule.  The story states:

In looking at decisions handed down by judges in Louisiana’s juvenile courts between 1996 and 2012, the pair found that when LSU lost football games it was expected to win, judges — specifically those who had earned their bachelor’s degrees from the school — issued harsher sentences following the loss.  When the team was ranked in the top 10 before the losing game, kids wound up behind bars for about two months longer, on average.  When the team was not as highly ranked, it was a little more than a month.

This was a pretty broad study, looking at over 8,200 cases involving 207 judges.  The economists screened for the kids’ behavior in court, economic background, and even tested placebos through non-LSU games, and none of those factors had the same impact as football.

Some have criticized the findings, but the economists hope that their research will strengthen a growing body of evidence that suggests emotions influence unrelated decisions and that the study will perhaps help judges become aware of the decision-making and make the judges more careful.

That emotion is an issue.  Those of us who are trial lawyers know that jurors and judges often make emotional decisions and then try to subconsciously rationalize those decisions through their view of the logic of the case.  We’ve factored in for that.  But I guess now, we need to start asking jurors in voir dire about their football teams too.

Having said all that, enjoy Friday Night Lights, college football and the NFL this weekend.

Normally, that wouldn’t be all that news-worthy, especially in the lawsuit context.  But one of the commentators made a point that was familiar to me.

When this commentator was asked who got the better part of the trade, the Bulls or the Knicks, the commentator laughed and said, “You know, both of the fan bases are pretty unhappy with the trade, which tells me that it was probably a pretty fair trade.”

I laughed to myself when I heard that because that’s advice I find myself giving a lot of clients.  In most settlements, the plaintiff settled for less than they really wanted, and the defendant paid more than they really wanted.  And I usually tell clients that when that happens, it’s a pretty good indication that the settlement is a fair settlement.

Now, that’s not to say that we never have a negotiation or settlement where we feel like we’ve been overly-compensated, but it’s rare — insurance companies aren’t in the business of just handing out money.  And in NBA or NFL or MLB trades, there are some trades where you can look at the deal and know that one side was really coming out much better than the other.

But more often than not, in most trades and in most settlement negotiations, both sides usually end up walking away a little disappointed, and that’s usually a signal that it was probably a pretty fair result.

In an effort to combat a wellspring of negative press and declining enrollment, Pop Warner, the nation’s biggest youth football league, is doing away with kickoff – at least for its youngest players.

The New York Times reports the move makes Pop Warner the first sizable organization to take such initiative, though the NFL has considered it. Rather than engage in kickoff, players between the ages of 5 and 10 will start playing at the beginning of each half and after a score with the ball placed at the 35-yard-line. The organization said it will conduct a review of the results next year and may ultimately apply the changes to older groups too. 

Earlier this year, Pop Warner settled its first and only concussion sports injury lawsuit filed by the mother of a former player. The complaint, filed in February 2016, sought millions in punitive damages for the untimely death of 25-year-old Joseph Chernach, who committed suicide in 2012. An autopsy revealed Chernach suffered from chronic traumatic encephalopathy, which is a brain disease that is caused by repeated blows to the head. It can be a significant contributor to depression and other mental health issues. Chernach’s mother blamed Pop Warner’s practices for her son’s injuries. The organization reportedly paid $2 million to Chernach’s family, who then agreed to dismiss their lawsuit. The organization admitted no wrongdoing.

Last year, a federal judge approved an almost-$1 billion settlement between 20,000 retired players and the NFL, which was accused of negligent practices that resulted in concussions and foot-ball related head injuries and long-term brain damage.

Pop Warner used to carry a $2 million liability policy on each of its players, though that has been reduced to $1 million. Individual chapters do have the option of purchasing an additional $1 million per-player policy.

More than 325,000 youth are involved in Pop Warner sports, which include football, cheerleading and dance. The organization did boast some 250,000 football players in 2010, but that figure fell rapidly by 10 percent from 2010 to 2012. Speculation is that a growing awareness of the risk of brain injuries and head injuries has parents rightfully concerned.

Washington state was first to pass a law requiring coaches to bench young players if they suspect a concussion. Pop Warner followed suit in 2010, requiring medical clearance from a doctor before the children could return to the game. Two years later, the team prohibited full-speed, head-on blocking and tackling drills (where players line up face-to-face three feet apart and charge).

Kickoffs are an especially treacherous part of the game because players are required to race full speed down the field and charge straight into those carrying the ball and those blocking for them – some of whom don’t have any time to brace for that forceful impact.

Still, not all are happy about this change. One advocate argued that to do so was a means of, “bastardizing the game.” Still, he said children younger than 9-years-old shouldn’t play tackle football but instead should play flag football, with tackle football starting with high school players.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Pop Warner Bans Kickoffs in Hopes of Protecting Its Youngest Players, May 12, 2016, By Ken Belson, The New York Times

More Blog Entries:

Roberts v. T.H.E. Insurance – Hot Air Balloon Injury, April 11, 2016, Miami Brain Injury Lawyer Blog

Reports of the Minneapolis and Amarillo VA hospitals’ misdiagnosis of traumatic brain injuries (TBI) for veteran patients are disturbing and unacceptable. Over 300 veterans at the Minneapolis VAMC and 70 at the Amarillo VAMC were screened for TBI by an unqualified doctor or by a nurse practitioner.  As a result, veterans were misdiagnosed and denied both TBI benefits and treatment.

Since TBI’s are so complex, it is VA policy for an evaluation to be conducted by one of four specialists: neurosurgeons, neurologists, psychiatrists, and physiatrists. Violations of this policy have already been confirmed at the Minneapolis and Amarillo VAMCs; but officials don’t know how widespread this is. Congressional leaders are now calling for the VA to conduct an internal nationwide review while the local news station who first broke the story has filed a Freedom of Information Act asking for information on every veteran who was diagnosed by an unqualified medical examiner.

It’s disappointing that a VA doctor would not have enough respect for the veteran patient, nor for the entire medical field to which he/she belongs, to ensure a proper TBI diagnosis is rendered. This is especially true today, where the concussion epidemic in the NFL has forced brain injuries into the limelight. Yet, certain VA hospitals took shortcuts for the sake of saving time and money.  Not only will veterans have been denied compensation and medical treatment, but also left to cope with the misdiagnosis that their issues are just a figment of their imagination. That is a heavy burden to bear alone in our society.

If both TBI’s and sports-related concussions are confirmed to be causes of Chronic Traumatic Encephalopathy (CTE), shouldn’t this gross mistreatment of veterans be a bigger story?

See the news story here: http://www.kare11.com/news/investigations/kare-11-investigates-va-expands-investigation-of-unqualified-doctors/65062741

In Williams case, he allegedly made an illegal turn out of a McDonald’s parking lot.  He then allegedly stopped at a green light.  After going through the light, the police allege he swerved over the lines on both sides of his vehicle almost hitting the curb.  He was then was pulled over by the Florida State University Police Department and the standard red, watery, and blood-shot eyes were supposedly observed by the officer.  The driver then allegedly swayed while standing and had to lean on the car for support which again, are standard allegations in all DUI cases.  If there is a video, this will determine whether the allegations are true.  The reports do not indicate whether he submitted to field sobriety exercises or a breath test.  You DO NOT  have to submit to the field sobriety tests under Florida law as many people believe is compulsory

This arrest will probably hurt his draft stock as he had previously been involved in a car accident and fled the scene.  Police and prosecutors usually assume that alcohol was involved and that is why someone would flee the scene.  However, this is very common as people are scared and panic because the do not know what to do.  In that previous case, he returned to the scene, but was not investigated for alcohol.  However, being arrested weeks before the draft and the biggest payday of your life will cause NFL teams to consider how risky it will be to select him in the draft.

An experienced DUI attorney is essential to your DUI case.  Your job and ability to support your family could be on the line.  You need to hire an attorney that tries this case before a jury and is not afraid to fight for you.  A lawyer that attends DUI seminars on a regular basis and keeps up with the latest changes in the law and trial strategies.  That is why I am a member of the National College for DUI Defense (NCDD) and The DUI Defense Lawyers Association (DUIDLA) to ensure my clients get the best representation in their time of need.

If you have been arrested for DUI or any crime, do not hesitate to call a lawyer!

PROTECT YOUR RIGHTS!!!  CALL NOW !!! 863-838-5549 (cell)

I handle all Florida and Polk County Driving under the Influence cases.  Call now for your free consultation.

NCDD

Robert Stern filed an affidavit with the court and then took his story to the press, telling The Associated Press (AP) that the compensation in the settlement may be going to the wrong people.

Stern told AP reporters that behavioral problems, including domestic violence, drug addiction and suicide, can all be caused by chronic traumatic encephalopathy — also known as CTE — a condition caused by repetitive head trauma.

Right now, doctors cannot physically diagnose CTE until after a patient has died. As such, it has been difficult to link football and CTE.

But a recent report on that link is causing a stir. PBS Frontline recently went in-depth on a new report from Boston University and the Department of Veterans Affairs, who collaborate within a center that studies CTE. The center studied the brains of 79 deceased NFL players and found evidence of CTE in 76 of them.

In addition, the center studied a range of other football players — high school, college and semi-professional. All told, more than 80 percent of all football players studied showed signs of CTE.

In light of the findings, which suggest a very strong link between football and CTE, Stern was troubled by the settlement deal in the NFL concussion case. He told the AP that repetitive head trauma does not lead to Alzheimer’s disease — a condition covered by the settlement. But serious mood and behavior disorders, which are linked to repetitive head trauma and CTE, are not covered. As such, many players who suffer the symptoms of significant neurological damage from football could be left out of the settlement.

Some NFL players have already opted out of the class-action case in order to file individual lawsuits against the NFL, according to ABC News.

The class action lawsuit against the NFL was filed in the U.S. District Court for the Eastern District of Pennsylvania and is case number 2:12-md-02323-AB.

At The Hale Law Firm, we have helped thousands of clients successfully prosecute their personal injury claims including auto accidents, wrongful death, dangerous products, brain injuries, burn injuries, and defective medical devices. Clients depend on their personal injury lawyers for guidance and legal advice across a broad range of personal injury accidents. To learn more, visit http://www.hale911.com/ or call 972.351.0000.

Under the proposed class action settlement, the NCAA will fund a $70 million pool of money to pay for former college athletes to undergo testing to determine whether they have brain injuries.  The settlement will also have the NCAA set mandated “return to play” policy that all schools must follow instead of letting each school have its own policy.  This would obviously help protect athletes in the future.

The settlement does not pay the athletes any damages for their concussions.  Instead, the athletes would still have to sue their former schools or other parties to recover those damages.  The test results that the NCAA is funding might be able to play a part in the eventual lawsuits.

This settlement is a long way from being final.  It has to be approved by a judge and there are a number of people who intend to object to the settlement on various grounds.  We’ll try to keep you posted because I think these type of developments are crucial to bringing public light to head injuries and they also help lead to better protocol for all levels of sports, not just colleges.

Here’s an ESPN news story about the settlement.

The NBC news affiliate in Raleigh, reported Gordon’s blood-alcohol level was .09, and he allegedly admitted to having three drinks containing vodka. The legal limit in the state of North Carolina is the same as in Florida 0.08 g/mL of alcohol.  Gordon was already suspended and in the NFL substance abuse program. Based upon his prior incidents with drugs, the police were asked if Gordon was under the influence of a controlled substance or illegal drugs, but the police refused to comment on that or whether Gordon performed any field sobriety tests.  Finally, it was reported that Gordon was allegedly bonded out by a convicted felon who is currently facing drug charges himself.

Usually, the police will request a driver to perform field sobriety exercises at the roadside.  If the driver does not pass, they are arrested for DUI.  In North Carolina were this DUI arrest took place, a driver has to be “appreciably impaired” to be arrested for DUI.  After the arrest the driver is taken to the jail and requested to submit to a breath test.  In a driving under the influence of drugs (DUID) case, the driver may be requested to provide a urine sample and to undergo a Drug Influence Evaluation (DIE) by a Drug Recognition Expert (DRE) to determine whether the driver is impaired by a controlled substance and gather further evidence of drug impairment.

If you have been arrested for DUI, call a member of the National College for DUI Defense and a founding member of the DUI Defense Lawyers Association to fight for you and your license in court!

Time is of the essence in a DUI case!

You only have 10 days to request a Hardship License

– OR –

a Formal Review of the “Implied Consent” suspension of your license so call my cell phone now.

Aggressive Polk DUI defense lawyer Thomas C. Grajek

 863-838-5549 cell

NCDD

The deal has already been rejected by a federal judge, who felt it did not allocate enough money for such a large group of plaintiffs. Under the terms of the proposed settlement, $5 million would be allocated for each former player with a diagnosis of a brain condition caused by repeated blows to the head during NFL practice and play. However, attorneys for Seau’s family said that only a minimal payment of a few thousand dollars would be available for family members of retired or deceased players.

Seau died in 2012 from a self-inflicted gunshot to the chest. Later studies of his brain confirmed that he suffered from chronic traumatic encephalopathy, or CTE, a brain disease that results from repeated head trauma and that can cause dementia and aggressive behavior.

The lawsuit, filed in federal court in Philadelphia, has 4,500 plaintiffs. Up to 20,000 former players could eventually receive payment.

After the judge’s rejection of the NFL’s settlement offer, experts said that the league would likely have to negotiate a higher settlement. Seau’s family asked the judge to take their concerns into account in deciding on future settlement proposals.

Paul Greenberg is a Chicago wrongful death attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

When an individual is arrested, the majority of the time the arrest is by the police who have probable cause to make the arrest.  The police then forward their police reports to the prosecutor (State Attorney) who decides what, if any, charges should be filed against the suspect.  If you are wise enough to hire an aggressive attorney, the defense attorney can call the prosecutor and present evidence and facts to the prosecutor explaining why the prosecutor should drop all criminal charges.  A lawyer can also research and give the prosecutor case law that shows the police conducted an illegal search or violated the person’s constitutional rights that would result in the case getting dismissed in court.  Even if the prosecutor does not drop the charges, he may file lesser charges such as a misdemeanor charge instead of a felony.  Many attorneys do not take this step, but  I DO!  Even though I may be unsuccessful many times, I have gotten many cases dismissed.  You cannot get the charge dismissed unless you try!

In the sexual battery/rape case the the Miami-Dade County State Attorney’s office decided there was insufficient evidence that any crime was committed.  I am sure Kaepernick’s attorneys gave the prosecutor ample evidence the police did not recover, such as text and voicemails from the woman.  The woman alleged she did not know how she ended up in a hospital after having drinks with Kaepernick and 49ers wide receiver Quinton Patton and Seattle Seahawks wide receiver Ricardo Lockette at an apartment they shared in Miami.  She also alleged that she may have been the victim of a sexual assault, but the sheriff said  there was no evidence of a sexual assault.

If you have been arrested or think you are the subject of a criminal investigation, CALL AN EXPERIENCED AND AGGRESSIVE CRIMINAL LAWYER IMMEDIATELY!!!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

Thomas C. Grajek  863-688-4606

NCDD

But my perspective on these things changed about six weeks ago.  At that time, my son was playing baseball, fell and hit his head, and he sustained a concussion.

Naturally, because of my experience in head injury cases, I panicked and feared the worst.

Once we took him to the hospital and had him undergo a CT scan to rule out a hidden brain bleed, my fears were reduced.  At that time, he had some headaches, a little bit of dizziness when standing up, and a little bit of nausea.  I knew from my experience that, once the brain bleed was ruled out, he’d likely be fine with a little (or a lot) of rest and time as long as he didn’t sustain a second concussion before his brain healed (second-impact syndrome – problems caused when a person has a second concussion before being healed from an initial concussion – can be catastrophic).

But then, we were faced with the harder question, “How do we know when he’s better?  When is it okay to let him start participating in activities again?  He looks fine, he isn’t having symptoms, but how do we know his brain is actually healed?”

Going through his treatment, we learned about ImPACT testing.  ImPACT (Immediate Post-Concussion Assessment and Cognitive Testing) is a widely-used and scientifically validated computerized concussion evaluation system.  This test measures cognitive abilities and  cognitive processing of participants.  When people take the test after a concussion, it can help medical providers make a determination of when the injured brain is healed.

But the key is having a baseline —- knowing what your cognitive abilities and processing are BEFORE you sustain a concussion.  That way, doctors know whether you’re scoring as well as you did before you had the brain injury.

In our case, we didn’t know about the test before my son’s accident, and we didn’t have a baseline.  My son’s medical providers were able to take his test scores and compare them to averages, but they weren’t able to definitively tell us if his brain was able to think and process as well as it did before the concussion.

But that’s a problem.  And it’s why the NFL, MLB, NHL, NASCAR and many universities and school districts require their athletes to have a baseline ImPACT test and score before the athletes are allowed to participate in those sports.

Having gone through this, I think more parents need to know about it.  If you or your child participate in sports, dance, cheer or other athletic activities, I urge you to have your child take the baseline test sooner rather than later.  The baseline test is relatively inexpensive.  I know that the specialist who treated my son offer the pre-concussion testing for $20.  This testing cane be done online, at home.  This is a small price to pay to help protect your kids.

If you want to learn more or find someone in your area who can administer a baseline test,  visit the ImPACT website at  www.impacttest.com.

Not many think about the consequences of head injuries on the field. Many are more interested in who was tackled and what the score is, even if there was headbutting along the way. Unfortunately, this lack of concern extends to current equipment design: football helmets are not sufficiently constructed to prevent traumatic brain injuries.

Currently, TBI occurs 1.7 million times per year in the U.S., and roughly 20 percent of cases are the direct result of athletic activity. Many of these head injuries also include concussions, a precursor to long-term brain damage. Thankfully, researchers are now examining standards for a better, safer helmet — one that can withstand both linear and rotational force, the two types of dynamic forces players experience during a football game.

Existing football helmets are designed to withstand linear force, but they neglect the impact rotational force can have. Linear hits are direct, centered, frontal hits that push the head straight backwards. Helmets can blunt linear force effects to a certain extent, but they do not accommodate for rotational hits, known to cause about 40 percent of today’s sporting head injuries.

Rotational hits happen because of the round shape of a helmet. Some frontal hits bounce off the helmet’s crown. Typically, those hits slide to the side with a shearing motion, shaking the brain in the process. This phenomenon may even occur after low-impact hits. A combination of these two types of hits can cause serious head injuries and long-term cognitive problems.

Researchers in Florida are hoping to create a helmet that offers two kinds of protective chambers to cushion the skull and help the brain remain stable when hit. The proposed design layers non-Newtonian and Newtonian fluids. Non-Newtonian fluids are typically gels. Newtonian fluids include air and water. Ideally, the two layers would work together to offer protective padding and to reduce impacts to the head by absorbing the energy of a hit and distributing it evenly across the helmet’s surface.

It’s a unique concept. One layer receives the force of a hit, which compresses the fluid in that layer. Because of that layer’s compression, the fluid expands through a tube to the next layer, which acts to neutralize the force. Once pressure is removed, the protective chambers rebound to their original states (meaning, among other things, that the helmets could be used repeatedly). The new design is effective in the lab, but wider testing needs to be performed in partnership with companies interested in producing the helmets.

These helmets may also have applications for athletes in other sports, firefighters, construction workers, motorcyclists, cyclists, skateboarders and soldiers. They should be as effective for children as for adults. The protective layers are designed to be inexpensive, and they may be produced to retrofit existing helmets.

These safety developments are exciting, especially when one considers that in 2013, NFL penalty statistics reveal that each football player sustained at least one illegal hit to the neck or head in virtually every game.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

Mike Williams allegedly told the police he was stabbed while he and his brother were “horsing around”.  However, other witnesses stated that the brothers were arguing that allegedly resulted in one brother stabbing the other.  In all likelihood, Mike Williams will probably sign a “Waiver of Prosecution” and ask that charges be dropped based upon his version of th events that night.  The prosecutor has discretion to decide whether to file charges and what criminal charges to file.  Because a knife and stabbing were involved, he was charged with Aggravated Battery with a Deadly Weapon which is a 2nd degree felony that carries a maximum penalty of 15 years in Florida State Prison.

This being a crime of violence and a felony, it can serious consequences beyond any prison time if charges are filed and he is convicted of this or any lesser criminal offense.  It can affect a person’s ability to get a job, rent an apartment, possess or carry a firearm, or vote.

 If you have been arrested for a felony or misdemeanor domestic violence crime, call an experienced trial attorney today for a free consultation.

 Thomas C. Grajek – 863-688-4606

The NFL has partnered with GE to provide $20 million in grants to researchers working to advance the diagnosis and treatment of mild TBI. They recently announced 16 winners in the first stage of the “Head Health Challenge.” Each winner will receive a $300,000 research grant, and up to six more will receive a further $500,000 in 2015.

Over 400 entries from 27 countries were received in the contest. Its stated goal is to improve safety for athletes, military troops and the general public.

Banyan Biomarkers, Inc. of Alachua, Florida is one winner. The company is developing a blood test to rapidly detect mild and moderate brain trauma. Banyan researchers will work with University of Florida athletes to study biomarkers, cognitive testing and neuroimaging on athletes with concussions.

Another winner is the University of California, Santa Barbara. The UCSB Brain Imaging Center is developing computer software to identify individual damaged brain connections using MRI scans.

Accurate diagnosis of TBI remains difficult, treatment even more so. TBI is very common among auto accident victims, and its debilitating effects can last for years.

If you need to speak with a brain injury attorney or lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Why? Even if they attempt to break the fall with their arms, seniors still hit their heads, this video study found. In fact, over 60 percent of hospital admissions for TBI are for seniors over the age of 65. That percentage increases for those over 80 years old.

For their 39-month, in-depth look at one particular nursing home, researchers set up cameras in common areas, such as lounges and hallways. They set out to determine how residents fell and which body part took the brunt of the impact. Cameras recorded 227 falls among an average of 133 residents.

In 37 percent of those falls, seniors hit their heads, often on the ground. Extending their arms did not help minimize the impact, since their arm muscles were too weak to offer any kind of support. Many residents also made contact with furniture on the way down or hit the wall. Thirty-three percent who hit their head sustained a range of injuries, including abrasions, bruises, cuts and fractures.

Researchers study mobility biomechanics with the hope that, with enough information, nursing homes can improve the way seniors navigate their environment by changing the layout of a room or by instituting exercise programs that improve seniors’ stability and balance.

So, you may wonder, can nursing homes and hospices be held liable for negligence in a traumatic brain injury lawsuit if they fail to provide a safer environment for residents? After all, the Centers for Disease Control has reported that falls account for approximately 95 percent of serious hip fractures. Learntofall.com has reported that “falls are the leading cause of death due to injury among the elderly,” and American Family Physician has reported that “falls account for 70 percent of accidental deaths in persons 75 years of age and older.”

“These studies and statistics highlight the need for nursing homes to take better precautions and be more vigilant,” says Christopher Mellino, a nursing home negligence attorney in Cleveland. “Making the decision to move a loved one into a home is heartwrenching enough. Filing a personal injury or wrongful death lawsuit on that person’s behalf should never have to happen.”

Prosecutors allege the car was driving as fast as 110 mph at the time of the crash.  The prosecution’s lab analyst also testified that blood tests showed his blood alcohol content was 0.18 percent, which is more than twice Texas’ legal limit to drive of 0.08 g/ml alcohol. Florida’s legal limit is also 0.08 g/mL of alcohol.  Many people think it is 0.08 percent, but blood alcohol levels are reported as grams per milliliter of alcohol.  Prosecutors in this DUI Manslaughter case allege that the 320-pound defensive tackle had as many as 17 drinks on the night of the crash in order to get to such a high level.  Witnesses from the club testified that the driver did not appear impaired some said he was drinking water, not alcohol.

Brent’s DUI attorneys contend that the blood tests used by police were faulty and that Brent couldn’t have drunk nearly that much alcohol.  The defense expert testified that the vials used by the prosecutor’s lab analyst were contaminated with alcohol in them.  The defense expert also testified that the crime lab  used expired fluid to process Brent’s blood and because of that, the 0.18 result was not reliable.   The defense was dealt a blow to their case when the judge prevented the defense expert from testifying on a number of matters concerning the blood test.

There is a video of Brent performing field sobriety exercises, but I have been unable to find the video online.  The defendant faces up to 20 years in prison if convicted.  This would be the case in Florida also as DUI Manslaughter is a serious crime that scores out to a long prison sentence due to the nature of the offense and points for death that are counted on the Scoresheet.  No telling how long the jury will take to deliberate.

If you have been arrested fro DUI Manslaughter or DUI, retain an attorney who is a member of the National College for DUI Defense such as myself.  There are a number of things that must be done immediately if you have been arrested for DUI so don’t delay, call right away!

Thomas C. Grajek – 863-838-5549 cell

NCDD

For example, in California, 43 current assistant coaches and front office workers, along with more than six T.V. game analysts have also filed claims. Virtually 90 percent of the claims are alleging serious brain trauma. This is a setback for the NFL, but not one that should be unexpected. It most definitely starkly points out how deep the issue of traumatic brain injury (TBI) runs in all major sports leagues.

To date, officials from 23 various teams have filed brain injury claims and those officials include a running backs coach, a wide receivers coach, an assistant head coach and a director of pro personnel, as well as NFL Network on-air personalities suffering the same type of serious injuries. The brush stroke of traumatic brain injury has painted far and wide. The true, life-altering impact of TBI is coming home in spades and taking no prisoners.

Most of the claims are filed against a player’s former team and not their current team. This scenario has not yet been fully rolled out into play, but by the looks of things it has the potential to grow even bigger. Traumatic brain injury sustained due to the negligence of another person, or organization, is cause for filing a personal injury lawsuit to obtain compensation.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

The NFL was mostly known for the caliber of its players. Now, it is known for hiding the risks of athletes sustaining multiple head injuries while scrimmaging on the field, head injuries that resulted in traumatic brain injury (TBI), also referred to as chronic traumatic encephalopathy (CTE).

It was a large settlement, and one that was hailed as progress for those who sued the NFL for negligently withholding information about the risks of multiple head traumas. However, this is not the end of the issue. While the out-of-court settlement did pay out a large sum, it also managed to keep exculpatory documentation out of court. It also meant no one heard what witnesses had to say.

Down the line, every sport that involves full-body contact of some kind, will, without a doubt, face the same or similar concussion litigation. It is not beyond reason to anticipate that the NHL, NBA, MLB, and the NCAA may face such lawsuits. In fact, the NCAA is already facing down a massive TBI lawsuit.

TBI litigation began with the NFL. It is now making its presence felt with lawsuits filed by survivors of hockey players who took their own lives as a result of CTE. A case in point is that of 28-year-old Derek Boogaard’s family launching a wrongful death lawsuit alleging the NHL is responsible for his brain trauma and addiction to pain drugs. The defendants in that suit are the NHL, its Board of Governors and well-known league commissioner, Gary Bettman.
If the attorney handling that case is able to prove that the NHL was negligent in the way they treated Boogaard in relation to handing out painkillers and encouraging him to fight, sustaining multiple head injuries, the case stands a chance of opening the floodgates of litigation for other similar lawsuits. There is also the possibility of an extremely large award for damages.

What may tell the tale of success is the evidence in the complaint that includes, but is not limited to, the fact that NHL staff and doctors allegedly wrote him prescriptions for 432 pills of hydrocodone in one month, injected him 13 times with a pain masking drug, wrote him further prescriptions for 1,021 pain pills and encouraged him, in his role of enforcer, to instigate 66 fights over 277 games, sustaining multiple head injuries. His autopsy showed he had Stage II CTE.

The CTE revelation and Boogaard’s treatment are strikingly similar to how many of the NFL players were treated. Should Boogaard’s wrongful death lawsuit be successful, watch for more lawsuits of a similar nature filed against other leagues.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

Favre isn’t alone in these types of symptoms.  We’ve had the pleasure of representing a number of clients who have suffered from brain injuries.  Sadly, memory loss is a popular symptom.

I’ve said it before, and I’ll say it again, the concussion issues arising in the NFL and in the military are terrible.  But they may be the best thing to happen to traumatic brain injury patients.  These stories have put a light on the issues of concussions and brain injuries, and they’re also sparking research that might help my clients and others as they seek to return to normal lives.

More than 4,500 former professional football players had entered into lawsuits against the NFL when a $765 million settlement was reached recently. Following a months-long period of court-ordered mediation, U.S. District Judge Anita Brody announced the settlement, which she must yet approve in order for it to go into effect. The plaintiffs claimed a wide variety of concussion-related symptoms, including memory loss, impaired speech and motor control, depression, and mood swings. At least two former NFL players committed suicide by self-inflicted gunshot wounds to the chest and left notes asking that their brains be donated for scientific research.

The NFL also implemented safety-oriented rule changes for the 2012 season, including prohibiting “head shots” and making them fineable, and requiring heavier protective padding. That season, 160 players were diagnosed with concussion-like symptoms, a steep decline from the previous season’s 270 such diagnoses.

Far more pressing is the issue of how to protect children who play contact sports. Over a quarter-million concussions are reported among high school athletes each year. In July, 2012, a Florida law went into effect that requires young athletes suspected of sustaining a head injury or concussion to be immediately removed from practice and competition. After completing a gradual, four-course return to play, consisting of light activity, then moderate aerobic activity, followed by drills specific to their sport, and finally full-contact practice, athletes are allowed to return to competition with a doctor’s written medical clearance.

Concussion is difficult to diagnose, but a commercial software program called ImPACT, already in use by the NFL, has recently been adopted by a number of Tampa Bay-area high schools. The program requires fully healthy athletes to complete a series of computerized cognitive tests before the season begins. Following a head injury, players must post a score as high as or higher than their baseline score before they can return to play. While the program shows promise, it is easily manipulated by players who deliberately score lower than they are able on initial tests in order to get back in the game as soon as possible in the event they are injured.

On the federal level, the Youth Sports Concussion Act was recently introduced by Senators Jay Rockefeller and Tom Udall. If passed, the bill would instruct the Consumer Product Safety Commission to review a forthcoming report from the National Academy of Sciences on sports-related concussions in young athletes. After the review, the CPSC would be authorized to issue recommendations or rule changes for manufacturers of sporting equipment.

If you need to speak with a brain injury attorney or lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Reading the sports section of the paper is depressingly dismal, as lately it contains stories about well-known and respected athletes who are suffering from traumatic brain injury or have taken their own lives as a result of those injuries. It is dismal for a number of reasons: to know that these athletes played and were allowed to keep playing, despite their concussions, that traumatic brain injury was apparently common knowledge, even years ago, but nothing was done about it, and that these individuals are suffering, or committed suicide, as the result of the negligence of others.

Consider the case of Tom McHale, who played in the National Football League (NFL) from 1987 to 1995. He died of an overdose in 2008. Addicted to painkillers, he also struggled with severe depression. His autopsy showed traumatic brain injury. His wife decided to share the news of his autopsy with others in order to help them understand that those with brain injuries are experiencing neurological issues that are not their fault. This a major reason thousands of former football players, 4,200, or close to a third of the 12,000 players in the league, are suing the NFL.

The NFL thinks the cases should be within the purview of an arbitrator. Legal counsel thinks the cases need to be heard in federal court. Most of the cases argue that the NFL made a huge profit from the violence of the sport and chose to ignore the damage to players sustaining numerous hits to the head. Other evidence suggests the league deliberately hid what they knew about the science of neurological problems being linked to concussions.

One wonders what the league was hoping to accomplish when they set up a group of people to take a look at the correlation between these two issues. Their committee, launched in 1994 and called the Mild Traumatic Brain Injury committee, was led by a rheumatologist. Two things stand out about the committee, and the first was calling it “mild” traumatic brain injury, as if that somehow diminished its impact or consequences. It does not. The issue is that frequent hits to the head add up over time causing dementia and other problems. The second point is that the committee was led by a doctor with no particular experience with head injuries.

The bottom line is that whatever the judge hearing the arguments decides, the case(s) will be worth billions to both sides. There is a lot at stake. Former players that are still alive and fighting depression, Alzheimer’s and dementia, suggest the league was negligent is hustling them back into play after they suffered concussions. The few that do not currently have issues, want their health closely monitored. The defining issue in the argument as to where the cases should be heard is whether or not the player’s contracts clearly spell out that head trauma/injuries are workplace safety issues.

All in all, this is an issue that will not go away anytime soon. If you have young children who want to play contact sports, you might wish to rethink that. As it stands, no one knows the true risks and consequences our children take when playing them.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.