Seattle Injury Lawyer Blog

Study highlights brain injuries in football athletes

October 5, 2015 | Kraft Davies Olsson PLLC

Some Seattle Seahawks fans have heard about a recent study released by PBS concerning degenerative brain disease in football players. The study shows that 96 percent of the deceased players whose brains were studied suffered from chronic traumatic encephalopathy during their lifetimes. The results could serve to heighten concerns about the well-being of currently active players.

Obtaining samples to test for CTE is complicated by the fact that it can only be conclusively diagnosed after death. Players themselves, suspecting they suffer from CTE, are often the ones to donate their brains for posthumous diagnosis. In addition to the NFL players tested, the study also found signs of serious brain injury in 79 percent of athletes at all levels of football, including high school and college-age players, who were studied.

According to the director of neuropathology at the VA Boston Healthcare System, the results are unsurprising given the evidence that links football play to brain traumas. Some players, citing health concerns related to CTE, are reported to have declined lucrative contracts from the NFL, and the NFL itself has already agreed to settle for $765 million with families of players with CTE claims. NFL representatives say that they are committed to making the sport safer for players.

Drivers’ criminal charges cleared after GM recall

September 29, 2015 | Kraft Davies Olsson PLLC

Some Washington motorists may have been affected by the massive recall of GM vehicles that began in February 2014. Last year, the manufacturer was forced to recall 2.6 million cars because of a faulty ignition switch that the company had known about for 10 years. The defective vehicle part can cause cars to suddenly shut down or speed up, leaving drivers unable to control their speed, steering or brakes.

Following the auto recall, drivers who had been involved in car accidents over which they believed they had no part in suddenly had an explanation for what had happened. However, many of the drivers had already been falsely convicted for causing fatal crashes in their defective GM cars. With information about the faulty ignition switch now well known, many people who were previously convicted or had pleaded guilty to charges such as involuntary manslaughter, negligent homicide and reckless driving are having those convictions and pleas overturned.

Though GM does not comment on specific car accident cases, a spokesman for the company said that the it routinely provides information to investigators working on car accident cases. The company said that the criminal justice system is responsible for determining whether an individual should be criminally charged for an accident. GM has reportedly set aside a fund of $625 million to compensate car accident victims.

Multiple Deaths in Seattle Ride-the-Duck Crash

September 25, 2015 | Kraft Davies Olsson PLLC

A Ride the Ducks amphibious vehicle carrying 36 passengers slammed into a charter bus full of North Seattle College students and staff on Thursday, September 24, 2005, around 11:15 a.m., leaving four exchange students dead on the Aurora Bridge. The students and staff were on their way to Safeco Field for a new-student orientation.

Of the people involved in the crash, fifteen are listed in critical condition and are being treated in local hospitals, with a total of 51 passengers injured in the collision.

Among those killed was Claudia Derschmidt, a 49-year-old mother from Austria whose 15-year-old son was also on the bus. The other fatalities were 18-year-old Privaudo Putradauto from Indonesia, 37-year-old Mami Sato from Japan, and a 17-year-old female student from China whose name has not been released because she is a minor.

What are attractive nuisance laws?

September 25, 2015 | Kraft Davies Olsson PLLC

Many Washington residents may be unfamiliar with issues of premises liability, particularly as they relate to attractive nuisance laws. In general, landowners and others are required to recognize features of their properties that may attract children and, in the process, place them in danger. Even cases where a child was trespassing may result in liability being imposed.

Some of the things that come into play in determining whether attractive nuisance laws are applicable concern the condition of the property itself. For example, in the case of playground accidents, the playground’s condition is such that failing to resolve a dangerous aspect of it presents a minimal risk compared to the potential risk of harming a child.

Following along those lines, landowners are expected to take reasonable care with respect to their properties. Areas that have the potential to be dangerous should be subject to some form of action that mitigates the risk of children trespassing upon them. Landowners are expected to understand that children may be too inexperienced to understand such dangers themselves and act preemptively to minimize the risks themselves. This is especially true if the dangerous area in question may cause serious injury or death.

Symptoms that may be delayed following an accident

September 14, 2015 | Kraft Davies Olsson PLLC

When Washington residents are in a car accident, they may not immediately realize that they have been injured. There are a number of different types of symptoms that may not show up for hours or days after a motor vehicle accident has occurred. As some of them can indicate serious medical problems, it is important for people to see their doctors as soon as possible after such an incident.

Most people are aware that the symptoms associated with whiplash, including stiff and painful necks and shoulders, as well as tingling or numbness in the hands, may not show up for several days afterwards. Some cases of whiplash are very serious. A doctor can determine whether a person has this injury type by doing an MRI.

Back pain may not show up for several days. When it does, it can indicate that a person’s vertebrae, nerves or muscles were injured in the accident. Headaches that later appear may indicate that the person suffered a head or neck injury. It can also indicate the formation of a blood clot in the brain. If a person’s abdomen swells or is painful, it is important to seek medical attention. This can indicate the person is bleeding internally. Finally, if a person’s personality or ability to function changes, they may have suffered a traumatic brain injury and should seek medical attention.

Kraft cheese slices recalled due to choking hazard

September 8, 2015 | Kraft Davies Olsson PLLC

Washington consumers who like cheeseburgers and grilled cheese sandwiches should be aware that Kraft has issued a recall of some of its American Singles cheese product slices on account of the possibility that they could pose a choking hazard. The recall, which is voluntary, was first announced on July 31 and has since been expanded.

According to Kraft, the recall involves Kraft Singles American and White American pasteurized prepared cheese product. The company issued the recall on account of the possibility that a thin strip of packaging could remain adhered to the slice after the wrapper has been removed. A consumer who eats the cheese while the film is still on the product could choke.

So far, 12 people have complained about the packaging, five of whom choked after eating the cheese slices. Approximately 335,000 cases of the product were affected, including cases shipped to the United States, Bahamas, Puerto Rico, Netherlands, South Korea and the British Virgin Islands. The products involved have a “Best When Used By” date of Dec. 29, 2015, through Jan. 4, 2016, followed by the Manufacturing Code S54 or S55. Kraft Heinz Company is the world’s fifth-largest food and beverage company.

Link between TBI and ADHD creates chicken-and-egg question

September 4, 2015 | Kraft Davies Olsson PLLC

Many people in Washington suffer from traumatic brain injuries each year. The World Health Organization predicts that TBI will become the third most common disease or disability in the world within the next five years. Recent research results suggest that there may be a connection between TBI and attention-deficit hyperactivity disorder.

The study was based on a survey of about 4,000 adults in Canada. Among the participants with a history of TBI, almost 6 percent had previously been diagnosed with ADHD, and approximately 7 percent screened positive for ADHD during the survey. Participants with TBI were found to be twice as likely to report ADHD diagnosis or symptoms as those without TBI.

Although the survey found a link between TBI and ADHD, the causal relationship is not clear. Some experts have suggested that TBI produces psycho-neurological effects that increase the chances of developing ADHD. Others believe that ADHD makes an individual more susceptible to a fall or injury resulting in a TBI. Further research is required to understand the exact nature of the link between ADHD and TBI.

Technology influences on fatigue-related accidents

August 26, 2015 | Kraft Davies Olsson PLLC

The latest gadgets can be the sources of problems on the roads as Washington motorists deal with the issue of distracted driving. However, many entrepreneurs are considering ways to positively impact drivers as they work on technological solutions that could minimize the risk of accidents resulting from fatigued driving. Warning systems are in the works to identify dangers while alerting drivers.

Fatigue may have been a serious factor in the 2014 accident that injured Tracy Morgan. The comedian’s limousine was struck by a commercial vehicle that entered a construction zone without slowing. Although there are no objective tests that identify levels of fatigue, it is likely that the responsible driver in this incident was tired due to a lack of sleep over the preceding 28-hour period. Truck injuries can be deadly due to the difference in size between a semi and other vehicles. At least one of every four fatal motor vehicle accidents are related to driver fatigue, according to the Centers for Disease Control and Prevention.

Drivers are more likely to doze off while driving if they sleep for a limited time at night. Snoring can also indicate a risk of fatigued driving. Most fatigue-related accidents occur on high-speed roadways, and these incidents more commonly occur at night. Alert systems are being developed to warn drivers of impending forward collisions, lane changes, and road departure. Earpieces have been designed to track the head motions of drivers, allowing them to be alerted if their heads nod. Additional technology is being designed to track body movements and blinking patterns.

Anticholinergics may delay brain injury recovery

August 18, 2015 | Kraft Davies Olsson PLLC

Many Washington residents will incur a brain injury that requires a hospital stay. According to a pilot study done in the United Kingdom, older patients taking anticholinergics while in the hospital had longer recovery times if their anticholinergic drug burden levels were higher on discharge than on admission.

Anticholinergics are a class of drug used to treat various conditions, such as pain, depression, insomnia, and incontinence. It is well known that these drugs have side effects that include confusion, short term cognitive impairment, and dizziness. Fifty two patients with serious brain injury or spinal injury in a neuro-rehabilitation unit were studied because they are commonly given anticholinergics. This study suggests a link between ACB levels in the body and recovery time.

The side effects of the anticholinergic medication hinder the patient’s ability to fully engage in their rehabilitation, resulting in a longer stay in the hospital. One measure of a hospital’s performance is the length of the patient’s stay. The more time spent in the hospital, the higher the medical expenses, so financial considerations play a role in this. A co-author of the study says that when possible, anticholinergics should not be used in some people. A nurse, pharmacist, or doctor should regularly review the medication usage to ensure it is appropriate for each patient.

How TBI can affect cognition and behavior in children

August 12, 2015 | Kraft Davies Olsson PLLC

Parents in Washington may be interested in learning more about how pediatric brain injuries can manifest into a reduced attention span. Researchers have discovered that children diagnosed with traumatic brain injuries typically have slower reaction times and more attention lapses than children who have suffered trauma to other parts of the body. This is the first study to correlate pediatric TBI patients’ lapses in attention with attention or intelligence problems. The respondents who participated in the study were ages 6 to 13.

On average, after the 18 months following TBI, teachers and parents reported a higher rate of problems associated with externalizing, internalizing or maintaining attention in the children. The children tended to exhibit high anxiety or over-aggression. Pediatric researchers discovered that the respondents diagnosed with moderate to severe TBI suffered more lapses in attention and produced lower scores on their IQ test. Their condition may be described as TBI resulting in a loss of consciousness lasting over 30 minutes in conjunction with a bout of post-traumatic amnesia that lasts at least an hour.

Children with mild TBI also have more lapses in attention and lower IQ scores than the average student. These TBI victims may experience seizures, vomiting or a headache shortly after an injury occurs. Physicians say that once the attention issues last over a year, it’s unlikely that the situation will rectify itself without some intervention. For over a decade, researchers have known that TBI in children can result in “secondary ADHD.”