Minnesota Personal Injury Lawyers, Attorneys - TSR Injury Law

Traumatic Brain Injury and Epilepsy

Matt Peschong — Mon, 28 Jun 2010 03:45:11 +0000

Traumatic brain injuries are scary because there are so many unknowns. The injured person could be left with serious long-term physical, mental or emotional problems, including epilepsy. The attorneys at TSR Injury Law have handled many traumatic brain injury cases, with excellent settlements and verdicts. We care that you are hurting and want to help. Call 612-362-0000 or submit our free consultation form on the right.

About Traumatic Brain Injury

There are two general classifications of traumatic brain injury:

Closed head injury: The head injury may appear insignificant, possibly just a bump, blow, or sharp head jerk. But, even in these cases the brain may be jostled enough to cause bleeding or swelling.
Open head injury: In an open head injury, the brain sustains penetrating trauma.

Epilepsy After a Traumatic Brain Injury

Epilepsy may develop after some traumatic brain injuries. Post-traumatic epilepsy is most likely to occur following an open head injury, but occasionally it can follow a closed head injury. People whose seizures develop some time after the injury have a greater likelihood of developing epilepsy.

Epileptic partial seizures may show up months or years after the head injury. A simple partial seizure is when a small part of the brain experiences a localized, abnormal electrical discharge. Symptoms of a simple partial seizure include smelling a foul odor, seeing flashing lights, feeling tingly, and/or hearing voices.

A complex partial seizure, also called a temporal lobe seizure, will present with a change in level of consciousness, without loss of consciousness. The individual may become disoriented, hear things, behave strangely, grate teeth, fidget, and/or become restless. This can be followed by extreme confusion and limited recall of the episode.

A grand mal seizure, also known as a tonic-clonic seizure, features a loss of consciousness and muscular twitching and jerking. It is the result of abnormal electrical activity throughout the brain. This type of seizure following a head trauma is usually a one-time event rather than a chronic problem.

Statistics on Epilepsy Following Traumatic Brain Injury

Following are some disturbing statistics on the development of epilepsy following a traumatic brain injury diagnosis.

Someone who has suffered a head trauma is twelve times more likely to suffer seizures than the general population.
Approximately 60% of individuals who sustained head injury developed epilepsy within the first twelve months following the injury.
30% of all individuals suffering head trauma developed post-traumatic seizures. More than 75% of the time the seizures occur within the first 24-months.

Minnesota Traumatic Brain Injury Lawyer & Attorney

Brain cells do not regenerate. However, in some cases, other areas of the brain compensate for the injured tissue, rerouting information and function around the damaged areas. Recovery from a traumatic brain injury can be a prolonged or life-long process of treatment and rehabilitation.

It is imperative to retain a traumatic brain injury lawyer with extensive experience in order to receive the necessary compensation to cover current and future medical expenses, as well as lost income and other damages.

TSR Injury Law has handled hundreds of traumatic brain injury cases. We have developed an expertise in this area. Our partners are frequently asked to speak on the topic and Partner Rich Ruohonen has written and published an article on the myths of traumatic brain injury. Call us today at 612-362-0000. We are ready to help you on the road to physical and financial recovery.

Boating: Play! It Safe

Matt Peschong — Sat, 19 Jun 2010 19:26:47 +0000

School’s out for the summer! . . . and everyone seems to be hitting the lakes. If you are a boater, remember to use common sense and follow some basic safety guidelines. It could be the difference between life and death.

According to the DNR, Minnesota has the most boats per capita in the nation. But, boating is more than just fun. It is a responsibility.

The number one reason for boating accidents is driver inattention.The number one cause of death in a boating accident is alcohol use.

Establish some guidelines for your family and model those guidelines for your children and guests. Do not back down on enforcing the safe boating guidelines. It could be the difference between life and death.

Boating Safety

The DNR offers free information on Minnesota Boating Safety and education programs, including the mandatory boating and safety education program for 12 – 17-year-olds and a free home-study packet.

Minimum Safety Equipment Requirements:

Flotation devices
Navigation lights
U.S. Coast Guard approved fire extinguisher

For more information on safety requirements: Minnesota Boating Guide.

Boating Accident

If you do have a boating accident, many steps have to be taken to protect your rights.

File a report with the proper authorities.
Take down the name, address, phone number, homeowners insurance information of the boaters involved.
Get the eyewitness information.
Take pictures of the scene.
See a doctor.
Call a Minnesota Personal Injury Lawyer before you talk to anyone about the boating accident.

This information has been provided as a service of TSR Injury Law, a Minneapolis Personal Injury Law firm serving the Twin Cities and the entire state of Minnesota. If you have been in a boating accident, call us for a free consultation at 612-362-0000. We care and want to help.

Biking: Play! It Safe

Matt Peschong — Sat, 19 Jun 2010 16:35:42 +0000

Summer is a great time to get outside on your bike and enjoy nature. It is very tempting to throw caution to the wind and live dangerously. Television, movies, video games, and commercials can lure a risk-taking public into pushing the limits.

We would like to encourage people to think through all of the consequences prior to embarking on an adventure. There are definitely some risks worth taking. Just be sure the risk you choose will not put someone else in danger.

Biking

Minnesota was just cited as the number one bicycling city in the nation. There are many great roads and trails to ride and explore.

Ride smart. Wear a helmet. Remember that bikes follow the same laws as motor vehicles. Ride defensively, too.

If you do get into a bike accident, call the police and insist the officer file an accident report. It is important to protect your rights.

Do not discuss the bike accident with the driver or insurance company without talking to a personal injury attorney first.
Get the name, address, phone number, and license number of the driver. Also, get pertinent insurance information.
Get names and phone numbers of eyewitnesses.
Take pictures at the scene, including the vehicle and the bicycle.
Be checked by a doctor.

Minnesota Bike Accident Lawyer

If you are in a bike accident, call TSR Injury Law, at 612-362-0000. We will inform you of your legal rights, handle all of the paperwork, and file your claim. Call today. The consultation is free. The information will be invaluable. If you prefer, you may submit our free consultation form to the right.

Minnesota Product Liability Attorney: Graco High Chair Recall

Matt Peschong — Thu, 18 Mar 2010 20:23:40 +0000

Graco has issued a recall on 1.2 million Harmony™ High Chairs that were manufactured from November 2003 – December 2009. There is a problem with the “screws that hold the front legs in place.” The screws can loosen and fall out. If that occurs, additional stress will be placed on the plastic brackets on the rear legs. It some cases the bracket will crack, allowing the high chair to become unstable and tip over unexpectedly.

To date, 24 children have been injured. Many of the children have sustained bumps and bruises to the head. The other injuries include scrapes, bruises, and at least one hairline arm fracture.

The recall does not allow for the consumer to return the product. The consumer must order a free repair kit and then fix the chair on their own.

Models Included in the Recall: 3920BAN, 3920BAN2, 3920BEB, 3920BEBB, 3920COV, 3920DOH, 3920GEI, 3920GEIDSP, 3920GRN, 3920HMP, 3920IVY, 3920LAU, 3920PKR, 3930DDH, 3930DHO, 3935CAL, 3935OXB, 3935PKR, 3935PKRDSP, 3935SPM, 3935SPMDSP, 3935THR, 3935THR2, 3935THR3, 3940BIA, 3940BIADSP, 3940CAP, 3940CLE, 3940COT, 3940DRM, 3940HML, 3940MCH, 3940NGS, 3940SAV, 3940SLT, 3940SPT, 3940STA, 3940UNN, 3951CLO, 3951CLT, 3951COT, 3951ORC, 3951WLO, 3955WSR, 3960BGN, 3960CJG, 3960CNP, 3960GGG, 3980CNR, 3E00ABB, 3E00BAT, 3E00DCF, 3E00DCFDSP, 3E00DGP, 3E00DGPDSP, 3E00GPK, 3E01BDS, 3E01BDSCA, 3E01DNY, 3E01DNY1, 3E01ELP, 3E01ELPDSP, 1752404, 1755859, 1755860, 1757259, 1757412, 1760429 (these model numbers may be prefaced with an A, B, C, or D)

Graco Recall Site

For more information about the recall, call Graco at (877)842-3206.

This information is provided as a service of TSR Injury Law, a personal injury law firm serving Minneapolis, St. Paul, Bloomington, and the state of Minnesota. Our attorneys have years of experience handling product liability claims. For more information or to schedule a free consultation call 612-362-0000.

Hyperbaric Chamber Treatment for Traumatic Brain Injury

Matt Peschong — Tue, 16 Mar 2010 16:45:48 +0000

There is more research being done on the use of hyperbaric chamber treatments to improve traumatic brain injury outcomes by increasing oxygen concentration. With increased oxygen concentration, the blood increases its capacity (quantity) and capabilities (quality) to carry oxygen, leading to increased oxygen saturation and regeneration of cells. The capabilites are increased due to growth of new capillaries stimulated by the Hyperbaric chamber treatments.

Hyperbaric chamber treatments have been used for many years to treat:

the bends (decompression sickness)
carbon monoxide poisoning
gangrene
thermal burns
bone infections
skin grafts
tissue infections
wounds that will not heal due to poor circulation

According to the advocate.com, “Dr. Paul Harch, a clinical associate professor with the LSU Interim Public Hospital in New Orleans, presented the cases of 15 military veterans [Iraq] during a meeting of the Eighth World Congress of the International Brain Injury Association in Washington, D.C. The cases all involved veterans who were helped by the treatments. The study shows a 15-point increase in IQ in little more than a month, great reduction in depression, four times the expected improvements in . . . headaches and sleep disturbances, and great improvements in post-traumatic stress disorder.”

The cost of hyberbaric chamber treatments vary greatly according to the facility, as does the number of recommended treatments for optimal cell regeneration. The treatments have been shown to be effective even 2-3 years after the traumatic brain injury.

This information is provided as a service from TSR Injury Lawyers, a leading personal injury law firm serving Minneapolis, St. Paul, Bloomington, and the entire state of Minnesota. Our personal injury attorneys have years of experience negotiating and litigating traumatic brain injury cases, including a recent settlement for $600,000. If you would like to speak to a Minnesota Personal Injury Attorney call 612-362-0000 or submit a comment.

Video Surveillance Equipment – Drive Cam

Matt Peschong — Sun, 07 Feb 2010 03:34:33 +0000

When a commercial fleet partners with a video surveillance equipment company, the commercial fleets are reporting a 40 percent reduction in insurance claims which has led to a 30 percent reduction in insurance premiums. Most importantly video surveillance equipment saves lives by improving the way people drive.

About Video Surveillance Equipment

Video surveillance equipment analyzes behind the wheel behaviors to predict and prevent risky driving behaviors that may lead to collisions. The system combines sight and sound, expert analysis, and driver coaching.

A video event recorder is mounted behind the rearview mirror. It captures sights and sounds inside and outside the vehicle. Trigger forces such as hard braking, swerving, sudden acceleration, and collision cause the recorder to save the critical 10 seconds immediately before and after the negative driving event. The events are then analyzed and used in driver coaching programs to improve driving behavior and reduce driver risk.

Driving behaviors that can be tracked:

violations of traffic laws
violations of defensive driving principles
aggressive driving
violations of company policy

Initially, employees felt that the drive cams would be an invasion of privacy. Once they realized that the cameras were activated only by their driving behavior, not by management curiosity, the system has been accepted. Drivers can also manually activate the equipment to record negative driving behaviors of others.

Studies show that unsafe driving habits are the cause of most car or truck accidents. Statistics show that video surveillance equipment encourages drivers to improve their driving habits, reducing number of accidents. This saves lives.

This information is provided as a service of TSR Injury Law, a Minnesota Personal Injury Law Firm serving Minneapolis, St. Paul, and the state of Minnesota. If we can be of assistance, call 612-362-0000 or submit a comment.

Graco Recall on Strollers – Product Liability

Matt Peschong — Thu, 21 Jan 2010 05:52:43 +0000

On January 20, 2010, the U.S. Consumer Product Safety Commission, in cooperation with the Graco Children’s Products, Inc., announced a voluntary recall of the following products. Consumers should stop using the recalled products immediately until the remedy is provided, which is a free protective cover repair kit.

Name of Product: Graco’s Passage™, Alano™, and Spree™ Strollers and Travel Systems

Number of Units: About 1.5 million

Manufacturer: Graco Children’s Products Inc., of Atlanta, Georgia

Hazard: The stroller’s canopy hinges can lead to fingertip amputation and laceration hazard to children when they are activated as the canopy opens or closes.

Reported Injuries: Seven reported cases of children grabbing the stroller’s canopy hinge mechanism as the canopy was being opened or closed. Out of the seven cases, there were five fingertip amputations and two fingertip lacerations.

Description: This recall involves Graco Passage™, Alano™ and Spree™ Strollers and Travel Systems manufactured between October 2004 and February 2008. For the model numbers and specific hinge mechanisms visit the cpsc.

Graco manufactured two styles of hinge mechanisms for these stroller models. Only Graco stroller products with a plastic, jointed hinge mechanism that has indented canopy positioning notches are included in this recall. The model number and manufacture date are stamped on the lower inside portion of the rear frame, above the rear wheels.

Retailers Who Sold Strollers: AAFES, Burlington Coat Factory, Babies-R-Us, Toys-R-Us, Kmart, Fred Meyer, Meijers, Navy Exchange, Sears, Target, Walmart, and other retailers nationwide. The strollers retailed for between $80 and $90 for the strollers and between $150 and $200 for the travel systems.

Consumer Contact: For additional information, consumers may contact Graco at (800) 345-4109 between 8 a.m. and 5 p.m. ET Monday through Friday, or visit their web site at www.gracobaby.com. The kit is available by calling Graco at 1-800-345-4109.

This information is provided as a service of TSR Injury Law. If your child has been injured by a defective stroller, it is vital to seek legal advice before you sign away your rights. You may be able to obtain compensation for damages and disfigurement. Our Minnesota Product Liability Lawyers have established a reputation for success in the area of product liability litigation. We have recovered millions on behalf of our clients. Contact us at 612-362-0000 or submit a comment.

Minnesota Semi Truck Accident: Theories of Fault

Matt Peschong — Sat, 19 Dec 2009 05:36:04 +0000

There are many things that can go wrong to cause a semi truck accident. If you have been in an accident with a semi truck, it is important that you protect yourself by hiring an experienced lawyer to handle the investigation. There is extensive evidence that must be preserved, analyzed, and compiled into a comprehensive, compelling case.

Theories of Fault in a Semi Truck Accident
These are areas that must be investigated in order to establish fault and prove liability.

Driver negligence – Many things can fall under the category of negligence including, bad driving, cell phone usage while driving, driving while texting, inattentive behavior (eating, drinking, changing music, etc.).
Equipment violations – Drivers are responsible for checking all of the equipment. Equipment includes brakes to the tractor, brakes to the trailer, parking brakes, steering devices, lighting devices, tires, horn, windshield wipers, rear vision mirrors, and coupling devices. Emergency medical equipment is also required.
- Bad brakes – There are different types of braking systems and equipment. Drivers are to know their brakes systems; how to use them, inspect them, and adjust them. Out-of-adjustment brakes is the most common infraction cited at roadside inspections.
- DOT bumpers – The DOT bumper is the bar you see on the back of the trailer that keeps the car from going under the trailer. Rear-impact guards and underride protection bars are required.
- Failure to secure the load – Generally, it is the driver’s responsibility to properly distribute the weight and secure the load. Driver’s are also responsible for checking the load periodically.
Negligent hiring – If a company does not take the time to thoroughly check driver’s credentials, that is negligence. It is a major cause for road accidents involving semi-trucks.
- Employers must have a driver qualification file that includes:
  - Medical information
  - References
  - Drivers license information
  - Driving records
  - Drug tests
Over hours – Drivers have specific rules regarding how many hours they can drive. There are many risks that accompany driver fatigue. There are many ways to verify hours. It takes prompt and diligent investigation.
- Log books – verify the hours worked
- Receipts show where they got gas
- Put them together and see if they match
Underride/conspicuity – Guards / bumpers have to meet dimensional specifications as well as energy-absorption requirements.
- Underside is a crash when the vehicle is not seen, usually at night when turning, and a vehicle drives under the side of the trailer.
- Underside crashes are usually catastrophic.
- Trailers and trucks are required to have conspicuity striping, reflective tape, to make them light up when headlights hit them.

The following video shows what a difference reflective tape makes.

Additional Resources:

This information is provided as a service of TSR Injury Law, a leading Personal Injury Law Firm serving Minneapolis, St. Paul and the entire state of Minnesota. If we can be of assistance in any way, call 612-362-0000. We care and want to help.

Perspective on Tort Reform from a Minnesota Personal Injury Lawyer

Matt Peschong — Fri, 18 Dec 2009 02:26:52 +0000

The American Tort Reform Foundation (ATRF) released its 8th Annual report documenting what they refer to as “litigation abuses” in order to identify areas where they feel justice does not prevail and then to provide ideas on how to bring balance and accuracy back to the judicial system in these areas. They refer to the litigation abuses as Judicial Hellholes®.

They claim that in certain areas (cities, counties, or judicial districts) the entire justice system for civil cases is a Hellhole® and biased against the defendants because of the rulings of one or two judges they deem “stray from the law.” Do they even consider how many law-abiding, upstanding, compassionate, dedicated legal professionals they are lumping together and labeling as being less than ethical?

After their initial list of six Hellholes®, there is a list of five areas of the United States to watch — they may descend into hell next year. If that is not enough, they add a list of three dishonorable mentions for what they term “stand-alone abusive practices, unsound court decisions, or legislative actions that create unfairness in the civil justice system.” They call it unfair only because they are on the other side of the courtroom.

Minnesota has been listed in the dishonorable mention because of their borrowing statute. In 2004, the Minnesota legislature enacted a new borrowing statute. The new statute essentially mirrors the previous statute in Minnesota, stating that when a non-resident plaintiff brings a claim in Minnesota, but that claim is based on another state’s laws, the statute of limitations from that state applies. The Minnesota legislature explained that this borrowing statute applies only to claims emanating from incidents that occurred on or after August 1, 2004.

In Fleeger v. Wyeth, the Minnesota Supreme Court simply followed the law. Since the legislature stated that the new law only effected cases occurring after 2004, the old law applied to other cases.

“For ATRF to suggest we are a hellhole simply because we have judges that follow the law rather than cater to special interests reveals a great deal about ATRF. Simply put, they care only about their personal interest not being responsible for their own actions. ATRF is the embodiment of greed.” stated attorney Chuck Slane of TSR Injury Law, a Minnesota personal injury law firm that represents victims and their families. “The Courts of Minnesota have once again risen above the quagmire of political bickering and decided the case upon the law. We can all be proud to live in Minnesota. “

This information is provided as a service of TSR Injury Law, a personal injury law firm that serves the Twin Cities and the state of Minnesota. For help or more information call 612-362-0000.

Football Concussions and Brain Injury

Matt Peschong — Sat, 28 Nov 2009 20:33:12 +0000

There is no such thing as a mild traumatic brain injury. Even the least severe brain injury can have devastating effects — slurring of words, blurred vision, depression, and memory disorders. This is being supported by the recent data released on professional football concussions and eventual memory disorder or dementia.

For years the league has minimized or denied statistics compiled by others showing a high percentage of former players, who sustained repetitive concussions, suffered some type of brain deterioration. The league finally commissioned a study on concussions and the data revealed that football players as young as 30 were 19 times more likely to be diagnosed with a memory disorder or dementia than the national average. Players over 50 were diagnosed with dementia-related illness at a rate of 5 times the national average.

Professional football players realize that the game is tough and that they may be injured. The players have also trusted that team doctors would accurately assess their ability to play — and bench them if warranted. When a player sustains a knee injury, they are out for weeks. When a player gets a concussion, sometimes they are out only one series of downs.

The brain is in many ways more fragile than other parts of the body. It does not heal like a fracture. All of these studies are showing the cumulative nature of concussions. The treatment of concussions needs to be modified.

News Report on Concussions and Professional Football

There is another study, by Dr. Bennet Omalu, forensic pathologist and neuropathologist in Allegheny County, Pittsburgh, Pennsylvania, in which another type of brain injury was identified. Dr. Omalu named it Chronic Traumatic Encephalopathy (CTE). Dr. Omalu examined the brains of five former professional football players. Repeated concussions and sub-concussions (”build-up” effect from repeated blows to the head) incurred during the play of football over a long period can result in CTE. The brain changes in CTE include scarring of brain tissue, damage to cerebral blood vessels, and torn microfibers.

The bottom line is that professional players have to be more in tune with their health. In younger players, parents need to be more proactive on behalf on their children.

As time goes by, statistics will continue to support that brain injuries occur in contact sport participants and that the injuries can be compounded. What if you add a car accident to an old football injury or vice versa — the effects multiply.

What needs to change? Helmets? Treatment? Rules? Many people do talk about the possibilities that helmets increase the brain damage because they give players a false sense of security. There are new designs in helmets to reduce concussions. The new helmets are expensive and professional teams have not been willing to pay for them until there is more data to support that they really do reduce the number of concussions.

This information is provided as service of TSR Injury Law, a personal injury law firm serving Minneapolis, St. Paul, Bloomington and the state of Minnesota. Our attorneys have extensive experience handling traumatic brain injury cases. Call 612-362-0000 for more information or contact a Minnesota Brain Injury Lawyer.