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 Evidence suggests the brain is more dynamic and ever-changing than once thought. Psychologists once believed that the brain’s ability to change - plasticity - was limited to children and young adults. In a recent legal update, Dr. Sam Goldstein first defines neuroplasticity, and then relates it to TBI recovery. “Neuroplasticity is defined as the capacity of brain cells to fight the chemical and structural changes that occur following trauma that can eventually kill them if not controlled. Neuroplasticity also refers to the ability of brain cells to modify their activity in response to change in the environment, to store information from the environment and to permit the organism to move about and survive. Thus, all functioning brains to some extent operate under the principle of neuroplasticity throughout life.” Dr. Goldstein notes that “the once held belief that recovery from brain injury is limited to the first one to two years following injury has now been met with considerable cha

 As the summer months enter into full swing, a quick warning about the dangers of All Terrain Vehicles (ATVs). When used appropriately and with proper safety precautions, ATVs can be an enjoyable form of recreation. However, when used inappropriately, these vehicles pose a great risk for catastrophic injury, including TBI (traumatic brain injury). A recent Newsweek article focuses on children and teenagers’ use of ATVs. Doctors say that children don’t have the cognitive skills, size, or strength required to operate these machines. Dr. Denise Dowd, a member of the American Academy of Pediatrics’ injury prevention-committee, explains, “One can argue that ATVs are even more difficult to drive than a car,” citing the need to repeatedly shift weight during operation.  https://askcompetentlawyer.com/  The article highlights the experience of then 15-year-old B.J. Smith. Traveling at 60 miles per hour, Smith clipped a dog with his front tires. Smith then flew around 25 feet in the air, hittin

 Once a controversial issue, PTSD has recently become more and more accepted as a disorder in the field of psychology. PTSD refers to the “re-living” of a traumatic situation after the fact, or simply the negative after-effects of a traumatic event. We see PTSD in war veterans, rape victims, and survivors of natural disasters, etc. In any population that experiences sudden or intense trauma (including survivors of traumatic brain injuries), we predict greater chances of developing PTSD than in the normal population. Symptoms of PTSD include flashbacks, insomnia, loss of appetite, depression, and anxiety. Research on the relation between PTSD and legal litigation remains in its infancy. Neuropsychologist Sam Goldstein explains that some studies have shown an increase in severity of PTSD symptoms in populations experiencing legal litigation. Studies have also demonstrated that financial compensation post-litigation does not decrease the severity of PTSD symptoms.  https://askcompetentlaw

 The NY Times reports a strong correlation between the number of on-field concussions and the rate of depression in retired National Football League players. According to the study by the Center for Retired Athletes at the University of North Carolina, players sustaining three or more on-field concussions were three times more likely to experience depression in retirement than other, retired NFL players. Other developments have accompanied the study, including a NY Times report that the suicide of ex-NFL player Andre Waters in November was partially caused by his earlier concussions.  https://askcompetentlawyer.com/  NFL commissioner Roger Goodell has since announced widespread regulations for the league vis-a-vis concussions, including mandatory neuropsychological evaluations for all players, and a system where players can report a coach’s attempts to “override the wishes of a concussed player or medical personnel.” Football is just one of many sports which include a risk of head or b

 Clearly, a TBI (traumatic brain injury) can be a life-changing experience. Dr. Sam Goldstein reminds us that TBI often affect an individual’s overall mental health. Not only do structural changes in the brain affect personality, mood, etc, but so too does the task of coping with such a life-changing injury. “The nature and incidence of psychiatric and emotional problems in adults suffering Traumatic Brain Injury was recently illuminated in a study reporting a thirty year follow-up of brain injured individuals. As has been reported in short term studies of emotional dysfunction following Traumatic Brain Injury, this study demonstrates that a significant number of individuals struggle long term with psychiatric disorders following Traumatic Brain Injury.  https://askcompetentlawyer.com/business-commercial-litigation/  Forty-eight percent of these individuals experienced an Axis I disorder that began after the Traumatic Brain Injury. Sixty-two percent had an Axis I disorder anytime durin

 Here’s a useful reference for any reader. Dr. Robert P. Lehr provides a concise and straight-forward list of brain areas and their functions. An interactive brain map follows the article, along with a diagram of the brain for further exploration. Psychologists describe the animal brain as modular; that is, specific areas/systems are responsible for specific functions. For example, the occipital lobe of the brain is responsible for vision, the limbic system for emotion, and the motor cortex for muscle movement. Some psychologists have referred to this modularity as a “Swiss Army Knife model.” Like each tool in the knife, brain modules are somewhat independent; however, these modules, or tools, interact to create a larger entity. In traumatic brain injury (TBI) cases, certain modules may be affected, while others remain completely normal. An injury to the frontal lobe may greatly affect an individual’s planning and problem solving (and thus greatly affecting that individual’s pre-injury

 Today, international media and technological advances have allowed the American public to view war in a way never before seen. Along with the increased visibility of the fighting in Iraq, the media has been able to show the American public the cost of war. One area that has become more and more visible is the significant rise in closed head injuries sustained by our troops. Fueled by ABC newsman Bob Woodruff’s traumatic brain injury while covering the war (and his subsequent foundation), TBI is recognized by the media more than ever before. In a recent commentary on MSNBC.com, chief science and health correspondent Robert Bazell writes, “Much of the medical care for wounded Iraq vets remains a national shame. The mental problems caused by either brain injury or post-traumatic stress will be a legacy of this war for decades.” Bazell blames the government’s unwillingness to pay the cost of treating so many wounded veterans as the key root of this growing problem.  https://askcompetentla

 A recent study published by Northwestern University researchers and reported by Science Daily may reveal new answers about chronic pain. An estimated 10% of the United States’ population suffers from a chronic pain; thus, these findings may help improve the daily lives of millions of individuals. Instead of focusing on the area where the pain is felt-as most doctors and researchers have in the past-the new findings reveal the pain we feel may be rooted in the brain.  https://askcompetentlawyer.com/  That is, our repeated memories of a painful event may actually cause us to feel “physical pain.” The research team concludes that chronic pain’s source may be memories that are trapped in the prefrontal cortex of the brain, a complex area responsible for learning and some emotions. Essentially, “our brain seems to remember the injury as if it were fresh and can’t forget it."

 Spinal Cord Injury (SCI) is damage to the spinal cord that results in a loss of function such as mobility or feeling. Frequent causes of damage are trauma (car accident, gunshot, falls, etc.) or disease (polio, spina bifida, Friedreich's Ataxia, etc.). The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning. SCI is very different from back injuries such as ruptured disks, spinal stenosis or pinched nerves. A person can "break their back or neck" yet not sustain a spinal cord injury if only the bones around the spinal cord (the vertebrae) are damaged, but the spinal cord is not affected. In these situations, the individual may not experience paralysis after the bones are stabilized. What is the spinal cord and the vertebra?  https://askcompetentlawyer.com/  The spinal cord is about 18 inches long and extends from the base of the

 An MSNBC.com article outlines a recently successful procedure to bring a man out of a six-year coma. At his family’s request, the man remains anonymous. The changes in his mental state, however, are for the world to know. “My son can now eat, speak, watch a movie without falling asleep,” explained his mother. “He can drink from a cup. He can express pain. He can cry and he can laugh.” This had not been the case for the last six years, a time when the man was fed though a tube, rarely showed signs of awareness, and used thumb or eye movements to communicate. The man was beaten violently in the head during a robbery in 1999, and the doctors said he would remain in a vegetative state for the rest of his life, if he even survived at all. Doctors brought the 38 year old man out of the coma using an experimental electrode procedure called deep brain stimulation. “Drive” was delivered to specific and crucial areas of the brain. A similar procedure has been used for years with Parkinson’s pat

  When a tire has failed by   tread separation , and allegations are made that the tire was defective, by design and/or manufacture, a defense will undoubtedly be mounted by the tire company that manufactured the tire. As Florida tire attorneys who routinely deal with tire cases, we are not aware of any case where a tire manufacturer has come forward and admitted that the company manufactured a defective tire. Of all the millions and millions of tires that are manufactured, are we to believe that there is not a single lemon among them? We know that tire companies, from time to time, recall certain models of tires because of defect concerns. In a tire case lawsuit, the tire company which manufactured the tire will list a forensic tire expert, typically to assert that the tire was not defective in any fashion, and failed because of exposure to misuse and/or road hazards. In going about a cross-examination of such experts, there is no alternative to thorough preparation for the deposition

  Hip replacement surgery is an extremely invasive, complicated and painful surgery. Recovery and rehabilitation can take many months. Obviously, this is an experience that no individual wishes to undergo once, let alone twice...for the same hip. In recent months however many individuals have required second replacement surgeries as a result of a defective hip implant system designed and manufactured by Stryker Orthopedics, one of the largest developers of medical devices, including hip replacements. These defective devices are specific to two separate Stryker hip replacement systems, specifically the Rejuvenate and ABG II systems. Stryker began alerting the medical community to these defective hip systems in April 2012, when they sent an Urgent Field Safety Notice to surgeons and hospitals who reportedly used either the Rejuvenate or ABG II hip replacement systems. An official voluntary recall was then issued in the United States by Stryker in July 2012. https://askcompetentlawyer.com

  The State of Florida has more boating accidents than any of the other 49 states. This is for a number of reasons including the sheer number of boaters and the numerous waterways surrounding and throughout the state. https://askcompetentlawyer.com/  The South Florida area has a particularly high number of boat accidents as boaters are able to use the waterways year around. The following is a horrific example of the potential hazardous and dangerous situation that can occur with the operation of a boat, like any other motor vehicle: During the Easter holiday in 2005, two young girls took out a personal water craft (PWC) or Waverunner in hopes of a quick and fun ride off of North Flagler Drive in the West Palm Beach area of South Florida. Minutes later the two girls were involved in a tragic accident, colliding with another boat while traveling very fast.  One of the girls suffered severe brain damage and other physical injuries, while the other young girl died at the scene. The attorne

  As   Miami trial lawyers , who handle a significant number of tire cases, we have been asked to consider what constitutes a perfect tire case. Upon reflection, we believe that such a case is akin to a unicorn, a mythical beast. The perfect tire case in our view would go something like this: A consumer purchases a brand new vehicle, and upon riding out of the car dealership's lot, one of the tires suffers a tread separation, which results in an accident causing injury. This event is captured on the dealership's surveillance video and becomes exhibit #1 at trial. Unfortunately, that is not the way defective tire cases unravel, literally or figuratively.  https://askcompetentlawyer.com/ A tread separation which arises out of a manufacturing or design defect is like a cancer which takes many miles and revolutions of the tire to manifest itself. These events are almost never captured on video tape and have to be reconstructed by accident reconstruction experts. Furthermore, the ma

 Florida drivers need to understand the dynamics regarding the loss of vehicle control during a tread separation event. Tread separations occur predominantly in warm weather states.  https://askcompetentlawyer.com/ Florida, Texas, Arizona and California experience the highest number of tread separations throughout the country. Heat contributes to the degradation of a tire, and therefore it is no coincidence that tire defect cases involving tread separations occur most frequently in these states. Tread separations also typically occur at highway speeds because the centrifical force of highway speeds is necessary to initiate the force which allows for the unraveling of the tire tread, and the separation of the tread and top steel belt from the remainder of the carcass of the tire. A tread separation event is a specific type of tire failure that results in certain vehicle dynamics which make it virtually impossible to control the vehicle at highway speeds. Tire manufacturers relentlessly

  In a   tire case , the most important initial step is to secure and protect the evidence. After this has been accomplished, the tire that has failed will need to be examined by a forensic tire expert. This may seem like a simple straight forward proposition, but getting the tire expert together in the same room with the critical evidence may be subject to more nuances than the inexperienced attorney may suspect. Miami tire lawyers understand that the tire that has failed, together with the tread pieces that may have detached from the tire are key pieces of evidence which need to be preserved throughout the case so that they may be presented at trial, if necessary. https://askcompetentlawyer.com/civil-litigation/  Lose this key evidence and a multi-million dollar case may be lost. Because there are only a handful of qualified forensic tire experts in the entire world, the tire expert chosen by an attorney may reside far from the location where the tire is being stored. Accordingly, so

  In May, Sports Clips reached a billion dollars in haircuts. While only franchising for 16 years, Sports Clips is the number one hair care provider for men’s and boy’s haircuts. With over 780 stores in 38 states, Sports Clips continues to grow with 120 new stores projected to open this year. By focusing on a niche market, Sports Clips has been able to create and refine the haircut experience. In recent years, Sports Clips has ranked in the top 10 in Forbes’ Top 20 Franchises to Start and in the top 50 “fastest growing” franchises in Entrepreneur Magazine’s Franchise 500. One unique business practice which has lead to Sports Clips' success is its use of non-exclusive licensing agreements. Through careful use and implementation of non-exclusive licensing deals, Sports Clips has partnered with organizations such as the NBA, MLB and NHL. Often times, these organizations are seen as having competing business interests and often employ the use of exclusive licensing arrangements. Non-ex

  As hot weather leads to more tire failures in Southern states,   Miami tire lawyers  need to understand how to counter specious defenses raised to deflect attention away from the fact that a tire has been defectively designed or manufactured. One of the defenses commonly encountered by tire lawyers is the defense theory of rim flange grooving. The rim flange of a tire is the slightly recessed area at the very bottom of the sidewall of a tire which comes in contact with the wheel rim when a tire is mounted on a vehicle. For the laymen, this is the circumferential piece of rubber adjacent to the circular hole in every tire. It is a very thin area of rubber which goes around the tire next to the hole, is slightly depressed from the rest of the sidewall, and may have a pattern or sheen which is slightly different from the rest of the sidewall. The defense theory goes something like this: If a tire has evidence of rim flange grooving, or depression marks in the rim flange area of the tire

 When a tire fails, causing a rollover and catastrophic injuries, an investigation will follow regarding the cause of the tire failure. Tire manufacturers and sellers will rush to propose a catalogue of reasons as to why the tire failed. Not surprisingly, this list will always exclude design and manufacturing defects built into the tire by the tire manufacturer. Miami tire lawyers and lawyers throughout the country who handle product liability cases will be confronted with dealing with this catalogue of reasons for the tire failure, which will undoubtedly focus on the driver, user, or owner of the vehicle and tire. In order to properly investigate and test the theories set forth by defendants in tire cases, it is helpful to analyze the companion tires on the vehicle. For this reason, the companion tires and the spare tire need to be preserved for forensic evaluation by tire experts. This evidence is critical because the companion tires have typically experienced the same environmental

  When a tire has failed by   tread separation , and allegations are made that the tire was defective, by design and/or manufacture, a defense will undoubtedly be mounted by the tire company that manufactured the tire. As Florida tire attorneys who routinely deal with tire cases, we are not aware of any case where a tire manufacturer has come forward and admitted that the company manufactured a defective tire. Of all the millions and millions of tires that are manufactured, are we to believe that there is not a single lemon among them? We know that tire companies, from time to time, recall certain models of tires because of defect concerns. In a tire case lawsuit, the tire company which manufactured the tire will list a forensic tire expert, typically to assert that the tire was not defective in any fashion, and failed because of exposure to misuse and/or road hazards. In going about a cross-examination of such experts, there is no alternative to thorough preparation for the deposition