Spinal Injury Lawyer Blog 24/7

Published on: April 26, 2012

Physical Exams and Tests Key to Determining Damage Caused by Spinal Injuries

by Stephen Bilkis

Being involved in a trauma where an individual’s head or back is hurt is a scary experience. A doctor is going to want to rule out any spinal injuries. A doctor will need to do some physical exams and run various tests to determine if you have fractured thoracic vertebrae.

During the physical exam, a doctor will look for several different changes in the individual’s body. The exam will probably start with a thoroughly check of the back to determine if there are any deformities to a vertebral bodies or to the skin of the back. Simply looking at the back will tell the doctor much of the information he or she needs to know. Depending on the trauma, the back could have cuts, bruises, or deformities. In order to determine if there is any affected vertebra, a doctor will use his or her hands to see if the bones have shifted.

Not only will the back have bruises or deformities, but also the check of the individual could have an indication from the shoulder harness or lap seatbelt if involved in a car accident. Damage to the thoracic spine can cause paralysis and the doctor will try to determine the extent of the paralysis. Many times the individual may experience trouble moving different limbs; the most common problem is moving his or her legs. Other physical exams will include checking for pain, numbness, and sensations in the body that are not natural. Spinal cord injuries are also common with fractured vertebra so the doctor will test neurological functions. Expect tests of the body’s reflexes, range of motion, and sensitivity to touch.

Published on: April 23, 2012

Surgery Reportedly Reduces Risk of Death in Spinal Injury Patients

by Stephen Bilkis

New figures show that back injurypatients are far less likely to die if they are operated on. The research presented at a conference suggests that surgery reduces the likelihood of death by up to 44% of spinal fracture sufferers. This study is in comparison to those who are just given bed rest and painkillers.

In the pioneering procedure, balloons are inserted into the fractures before the cavity is filled with bone cement; it is shown to have high survival rates. Experts in Manhattan and Long Island working with the study say that the first thing they want to prove is the benefits of the surgery in spinal fractures, and it will lead to better future treatments.

The Consultant Orthopedic and Trauma Surgeon at Croydon University Hospital said: “We’ve known for a long time about the benefits of minimally invasive surgical intervention in the reduction of pain but this is the first time we seem to have robust data showing that it can highly contribute to saving lives. Treating vertebral fractures by balloon kyphoplasty is cost effective and prevents people from lingering in pain. We now have even more compelling reasons to make sure that this procedure becomes the standard of care for spinal fractures and ensure more patients have access to it.”

Published on: April 19, 2012

Spinal Injury Treatments – From the Battlefield to the World

by Stephen Bilkis

Modern medicine has experienced many advancements over the past 100 years. Many of these advancements have come from technology and pharmacological discoveries, while others have come to pass by scientific research and clinical trials. However, as one doctor has learned, many of these discoveries are a result of wartime experiences.

Contrary to many beliefs, both ancient and modern, there is nothing glorious about warfare. The grim truth of the matter is that there are at least two absolute facts about war: #1 In war young men and women die, and #2 There is nothing that anyone can do to change number one except stop the war. For some reason our species seems to have an overwhelming desire to destroy itself. There is however, some good that has come from our experiences in the battlefield. Many new methods to treat fatal spinal cord injuries have been learned by our battlefield experiences and have been transferred over to the civilian world.

One such example of learning such techniques occurred during WWII when many pilots were severely burned. Many of these pilots volunteered to be test subjects for a doctor by the name of Archibald McIndoe who pioneered the use of plastic and reconstructive surgery techniques that are still in use today. A study claims that another such example is that with beginning with the Iraq war and continuing into Afghanistan, the use of improvised explosives devices (IED) are in widespread use and have caused almost countless numbers of head and spinal injuries. Many of the techniques that battlefield doctors and nurses have learned in order to save the lives and limbs of these soldiers are making their way into the civilian medical community.

Published on: April 16, 2012

Fish May Lead to Spine Cures

by Stephen Bilkis

There is no way to repair the spine after catastrophic damage – at least not yet. Scientists have told sources that there may be a cure from an unlikely source: fish.

According to research, fish have the amazing ability to regenerate their spinal cords, not only able to heal spinal injury, but to have full restoration of function. In time, they can be as good as new.

Two scientists have been closely studying this ability and have related some of their findings to doctors. They are working hard to learn how fish regenerate their spinal cords, so they can replicate the same in humans. “To cure spinal cord injury would be amazing and incredible for people who are suffering,” said one biologist.

Published on: April 14, 2012

Ohio Officer Suffers Spinal Injury in Hit-and-Run

by Stephen Bilkis

An Ohio police officer underwent surgery for major spinal cord injury after a hit-and-run incident, in which he was run over by a truck.

The 32-year-old officer was hit while he and a deputy with the Summit County Sherriff’s Office were searching the road for drugs that were thrown from a vehicle during a pursuit. As the officer returned to his cruiser, which had the emergency lights on, a pickup truck cross the center line and hit the officer hard enough to flip him into the air.

The officer sustained a broken vertebra. It is too early to tell what the long-term effects of the injury will be.

Published on: April 12, 2012

This is an unfortunate accident that happened to Richard Jarrett

by Stephen Bilkis

This is an unfortunate accident that happened to Richard Jarrett on September 4, 1972. Jarrett was a passenger in Mr. and Mrs. Kenneth Dell. At around 11 in the morning, the car driven by Mr. Dell had a flat tire along New York State Thruway. Mr. Dell promptly drove the vehicle on the left divider in order to avoid traffic. Unfortunately the jack in the car was defective so Mrs. Dell and Jarrett went out of the car and crossed the three southbound lanes, hoping that they can borrow a jack from somebody in the nearby golf course area.

As Mrs. Dell and Jarrett were coming back to their car, Jarrett carried the jack trailing Mrs. Dell by only a few feet. According to a source, from what Jarrett can recall, it was a clear day. Jarrett was carrying the large part of the jack on his left shoulder and the base on his right hand. Jarrett also testified that before he went ahead to cross the three southbound lanes, he looked to his left to see if there were oncoming traffic. He saw two vehicles approximately 500 yards (1,500 feet) away so started crossing. That was the last thing he remembered and the next thing he knew was he was already in the hospital being looked at by a doctor three months later.

Still according to a Lawyer, based on Mr. Dell’s story from where he was located, before Jarrett crossed the three lanes, there were three vehicles approaching approximately 1000 feet away. He saw the two other vehicles slowed down but the third vehicle, driven by Vincent Madifari, never slowed down. What he saw was when the two other vehicles slowed, Madifari’s car passed by them then swerved to the right. Unfortunately, Jarrett was already on that part of the road. Mr. Dell didn’t actually see the impact but heard impact and the next thing he saw was Jarrett on the ground.

Published on: April 9, 2012

Joanne Pavia was a party to two vehicle accidents in the span of four months

by Stephen Bilkis

Joanne Pavia was a party to two vehicle accidents in the span of four months. The first one was at on North Conduit Avenue, about three hundred feet east of Cohancy Street. Paul Artale was going west on Conduit Avenue. He said that the traffic was slow moving. He noticed Eugene Joseph’s car when he was about ten feet behind it. In his testimony, he said that Mr. Joseph’s vehicle was stopped when he first saw it. A Lawyer got information that the front of Mr. Artale’s car hit the rear of Mr. Joseph’s vehicle. At face, there is already negligence on Mr. Artale’s part. Mr. Joseph in his defense against the negligence presented evidence that he had safely brought his vehicle to a stop before the crash occurred. He said that he was pushed to the vehicle in front of him when another vehicle hit the rear of his car. The car in front was Ms. Pavia’s. This happened on April 30, 2004.

The second incident happened on August 29, 2004. She was travelling to the east on Merrick Road in Massapequa. She said that Josephine Giardina while driving Anthony Giardina’s vehicle suddenly drove out of Cedar Shore Drive from her right and was in front of her.

Mr. Joseph filed a motion for summary judgment against his liability on the car accident involving Ms. Pavia and Mr. Artale. A source says that when a party moves for a summary judgment, the burden of proving there is already sufficient evidence to show that there are no material issues still remaining. In his motion, he relied heavily on the statement of Mr. Artale in his deposition. Mr. Artale said that Mr. Joseph’s vehicle was stopped when he first saw it. Ms. Pavia’s only opposition to the summary judgment is that she was not able to clearly explain that she had felt two impacts but there was only one hit to her car. They were saying that she was not asked this in the deposition. This contradicts what she had written in her sworn affidavit. The court then ruled in favor of Mr. Joseph and dismissed the complaint against him.

Published on: April 6, 2012

Martin Stone, a truck driver for Ryder Truck Rental had collided with Selwyn A. Vernon’s vehicle.

by Stephen Bilkis

Martin Stone, a truck driver for Ryder Truck Rental had collided with Selwyn A. Vernon’s vehicle. Mr. Stone was driving one of Ryder Truck Rentals trucks. The accident happened on a busy heavy traffic. According to reports, says a witness, Ms. Vernon’s car was in the right lane and the truck driven by Mr. Stone was in the middle lane. The right lane where Ms. Vernon was located was blocked by a double parked vehicle. She then tried to move on the center lane where Mr. Stone’s truck was to get around the double parked car when the traffic light turned red therefore stopping her in between the two lanes. Her car has about halfway in the center lane and half on the right lane. There was also another car in front of Ms. Vernon’s vehicle in the center lane. As soon as the traffic light turned green, Mr. Stone drove his truck forward and struck Ms. Vernon’s car. Ms. Vernon’s car was hit at the rear quarter panel on the driver’s side, says a report. Ms. Vernon and the passenger in the front passenger seat both say that they were not moving when Mr. Stone hit them. The passenger on the rear passenger seat had a different testimony as she said that they had started moving as she sensed movement in the vehicle when the accident occurred. Mr. Stone was not aware that a collision had happened as he did not see Ms. Vernon’s car until after the accident.

Ms. Vernon asked for a summary judgment with regard to the issue of liability. The defendants logically opposed the motion, the defendants being Mr. Stone and Ryder Truck Rental. A rep found out that their claim was there is still a question as to whether Ms. Vernon’s vehicle was moving when the accident happened and if it was the cause of the accident. The court denied the motion of Ms. Vernon. The facts that both parties agreed on was that the traffic light was red and Ms. Vernon said that her vehicle was at least halfway in front of Mr. Stone’s truck. They also agree that the light was green when Mr. Stone drove forward and hit Ms. Vernon’s vehicle. At first glance, the case is already in favor of Ms. Vernon, but the issue if her car was moving and if that movement was a substantial factor in the accident still remains. A rep said, for the court to grant a summary judgment all pertinent questions should already be addressed and eliminated. If there is still an issue raised that needs to be answered or that needs to be examined, then the motion will be denied. There was one dissenting party in the judgment who had said that it could already be determined that the movement in Ms. Vernon’s car was not a substantial factor in the car accident as it was not moving fast when the accident occurred. If the car moved, it was not even able to get to one foot before it was hit. Cases like this are common in The Bronx and Brooklyn.

When it comes to a liability in a car accident, it is sometimes difficult to determine who is liable and who is negligent. There are also cases wherein it is all there and can be decided upon. It does not matter what accident you are a party off you still need a New York Car Accident Lawyer to help you see what can happen. Just like in this case, there was a complication that required them to have another trial.

Published on: April 3, 2012

A motion for rehearing was petitioned by Daniel Schmidt with the Court of Appeals

by Stephen Bilkis

A motion for rehearing was petitioned by Daniel Schmidt with the Court of Appeals. This is with the personal injury case filed by Charles Van and his wife Rilla Van against Mr. Schmidt. According to sources, the Vans were claiming that the jury verdict should not be upheld by the court as the jury’s conclusion was against the weight of the evidence. A retrial was granted by the Circuit Court in favor of Mr. and Mrs. Van.

The Vans were looking to get compensation for personal injuries they had allegedly sustained from a vehicle accident in October 2007. They said that because of the accident, Mr. Van had to undergo a cervical spinal fusion surgery in September 2009. Mr. Schmidt is not disputing his liability in the 2007 accident. He is contesting that the injury was not caused by the accident. He is said the accident was minor and would not have had Mr. Van require a medical treatment. He also pointed out to the court Mr. Van’s prior medical records, said a doctor. Mr. Van already had a cervical spinal fusion surgery done in 1991. There was also the 1998 car accident that he was involved in and the diagnoses of emphysema and spinal degenerative disease. In the trial for compensation, there were three medical expert witnesses, including one from the defense, all of whom said that the surgery was caused in part by the 2007 accident. The reason given by the Vans why they require a rehearing was that some of the statements were not taken into consideration.

In determining if a rehearing should be granted, the court must look if the evidence presented does not support the decision and if the decision is based on the wrong interpretation of the law. A Lawyer says, in jury trials, the jury has the right to choose which statements they would want to accept. This is not limited to lay witnesses, but also with expert witnesses. In the case, they relied on the evidence that showed that the vehicle was a minor fender bender. Even if Mr. Vans testified that the repair cost $800, he also stated that the vehicle is still unrepaired and being used by his wife. There were photographs of the damage to the vehicle and the medical history of Mr. Vans.

Published on: April 1, 2012

Tammy Bennett was in a car accident on September 26, 2001

by Stephen Bilkis

Tammy Bennett was in a car accidenton September 26, 2001. She was pregnant at that time. She was taken to a hospital in MacClenny, Florida, near where the incident occurred. Fetal testing was performed, and the medical staff decided to airlift her to St. Vincent’s Hospital. Mrs. Bennett’s kidney failed, and they had to do a caesarean section to get the baby. According to a report, this was done by Dr. Long, her obstetrician. They started the operation at 1:16 p.m., and Tristan Bennett was born at 1:22 p.m. They noted a placental abruption. A placental abruption is a complication of pregnancy. It is when the placental lining has split from the mother’s uterus.

According to the hospital record, Tristan did not cry when she was born. Her breathing was slow, so they had to be resuscitated with a CPR mask face mask with free flowing oxygen. His Apgar score was six at one minute and eight at five minutes. This is considered as normal. The Apgar test is done to determine the health of a new born. It requires a check on the appearance, pulse, grimace, activity and respiration, said a rep. When the Cord Blood gas test was done, it showed a profound metabolic acidosis. This meant that there was something that was causing his kidney not to clear acidity in his body. At first, she was placed at the newborn nursery but was transferred to the special care nursery after about twenty-five minutes because she was having difficulty breathing and the metabolic acidosis.

The initial problems that she had were all resolved. She had other conditions in the week that followed her birth that were all relater to kidney and liver damage. There was no continuing treatment for the respiratory distress. There was no documented neurological damage. A pediatric neurologist was not consulted or requested to check the infant. From the information found by a study, seven days after, she suffered from a pulmonary hemorrhage. There were times that she was not breathing. She was spitting blood from her lungs through her mouth. Her heart rate was really slow. Her condition was unstable the whole day and showed signs of neurologic abnormalities at the end of the day. The following day, more possible seizures and central nervous system tremors were noted. They had electroencephalogram (EEG) and computerized tomography scan (CT) done. A pediatric neurologist was consulted. There was a possible neurological damage which included a multicystic encephalomalacia of the cortex. This is multiple sized cysts in the brain typically when infants suffer a lack of oxygen to the brain.