Personal Injury Lawyer Blog
The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)
MRI STUDIES OF MRS. WHITE CONDUCTED POST-ACCIDENT FOUND DIFFUSE WHITE BRAIN MATTER LESIONS CONSISTENT WITH TRAUMATIC BRAIN INJURY cont.
There is a conflict of evidence as to whether Mrs. White told the ER doctor that she hit her head in the accident. Mrs. White was examined, given pain medications treated and released from the emergency room and told to see her family doctor.
On January 28, 2008, Mrs. White was seen by Dr. Olden who diagnosed her head pain as mild post-traumatic concussion. When her head pain persisted and she reported numbness in her face and drooling, an MRI study of her brain was done on May 22, 2008.
There is no dispute that the MRI studies in this case have documented that Mrs. White’s brain has a diffuse bilateral small to moderate white matter lesions. After reviewing the May 22nd MRI, Dr. Olden concluded that the white brain matter lesions were most consistent with axonal shear injuries in the brain.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff’s neurologist, Dr. William Chen, chief of Neurology at Memorial Hospital, examined Mrs. White in May, 2009, and agreed with Dr. Olden that the white matter brain lesions in White’s brain indicated that she had suffered axonal shear injury to her brain as a result of the collision.
Dr. Chen concluded that she would never be able to return to her career in banking.
In September and November 2009, Mrs. White was examined by neuro-psychologist, Steven Miller, Ph.D. After extensive testing, Dr. Miller concluded that Mrs. White’s test results were consistent with a diagnoses of post-concussion syndrome and mild traumatic brain injury.
The crux of this case is whether the white matter lesions in Mrs. White’s brain were caused by the accident directly, or constituted an asymptomatic pre-existing medical condition that was lit-up by the accident or were completely unrelated to the accident as defendants claim. (See Part 4 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.