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Archive for February, 2012

In the News: Spinal Cord Injuries and Depression

Tuesday, February 28th, 2012

At Aaron Waxman and Associates, we handle personal injury claims including long-term disability claims that involve serious spinal cord injuries and chronic pain cases.

A new study emerging out of Toronto’s Krembil Neuroscience Centre suggests that victims of spinal cord injuries who undergo surgery within 24 hours are less likely to suffer paralysis. The actual timing of treatment for victims of spinal cord injuries can have a significant impact on the eventual outcome of their recovery.

Important findings from the study also show that a patient is twice as likely to experience a “major neurological recovery” when they have surgery within a day of their injury. The importance of a quick surgery is to ease pressure on the injured spinal cord according to doctors.

Lead study author and neurosurgeon, Dr. Michael Fehlings states, “The differences that we are seeing with early decompression surgery are very significant and the results have a major impact on a person’s life…We are seeing about 1 in 5 people walking away from an injury they might not have otherwise…”

A new study confirms what researchers have long suspected: migraines and depression often appear together. This means the risk of developing depression is 40% higher for women who suffer from migraines. The study was conducted out of the Brigham and Women’s Hospital in Boston. Some researchers believe their is a biological connection, while others believe it is a quality of life issue.

Could hyperactivity in the brain explain the multiple symptoms of depression? Depression brings with it a variety of symptoms including anxiety, poor appetite, memory changes, concentration issues as well as sleep disturbances. A depressed brain has increased connections among the different areas of the brain; too many connections are happening at once, according to a recent study published in the journal PLoS One The brain must be able to regulate its connections in order to properly function.

The study’s author, Dr. Andrew Leuchter, professor of psychiatry at the Semel Institute for Neuroscience and Human Behaviour at UCLA says,  “The brain must be able to regulate its connections to function properly…The brain must be able to first synchronize, and then later desynchronize, different areas in order to react, regulate mood, learn and solve problems.”

The NFL ‘Concussion Fallout’ is raising some red flags for NASCAR.  NASCAR Drivers are certainly not immune to concussions and some drivers worry what can happen to them after sustaining multiple concussions. Since 2001, NASCAR officials have been taking steps to improve the way they handle concussions on the track, particularly since Dale Earnhardt’s death. Drivers like Michael Waltrip who have suffered the likes of 10 concussions hear stories of what is happening in the NFL and start to worry about the consequences of repetitive brain injuries. He states “I would be the perfect case study to see what’s going to happen…”

In terms of safety today, drivers must wear a head and neck restraint,  and race track walls have impact-absorbing ‘SAFER’ barriers installed and NASCAR completely redesigned race cars to reduce the risk of injury. Now racing seats now look like something out of a spaceship, with foam-padded supports on each side of the helmet that barely allows a driver’s head to move during a crash.

 

In the News: Brain Injuries

Tuesday, February 21st, 2012

Aaron Waxman and Associates recently became a Gold Sponsor of the Brain Injury Association of Peel and Halton (BIAPH). As a law firm that has experience with brain injured clients and brain injury litigation, we will be dedicating some of our blog postings to discussing the prevention of brain injuries, brain injury awareness and brain injury news articles.

According to a recent press release, on the Wall Street Market Watch site, a newly developed drug called Clazosentan has shown some promise in treating traumatic brain injuries. A traumatic brain injury causes a decrease in blood flow in the cerebrum of the brain, and this, if prolonged causes permanent cell dysfunction and death. A receptor in the brain known as “endothelin receptor” contributes to the restriction of blood flow as early as four hours after a brain injury. Clazosentan is thought to block these endothelin receptors from restricting blood flow. When the drug was given to rats with brain injuries, it was seen that it was most effective 2 hours after injury, with a second dose at 24 hours.

Looking to the world of sports, MSN Health posted an article entitled “Good Football Helmet Fit Key to Preventing Brain Injuries“. Studies show there is no such thing as a concussion proof-helmet, however, a good helmet might help reduce the loss of consciousness that follows a hit to the head. Study author Dr. Joseph Tong from Temple University in Philadelphia revealed that in cases where study subjects suffered a concussion but were wearing a helmet, 82% did not suffer a loss of consciousness.

Some tips to remember (courtesy of msnhealth.com):

  • Players’ eyes should be visible.
  • Helmet ear holes should line up with players’ ears.
  • Cheek pads should sit next to the skin, without a big gap.
  • The back of the skull should be covered.
  • Mouth guards should stay in mouths. They should fit past the second molar on both sides. Molded mouthguards are better  because that helps absorb the shock when players get hit in the head.
  • A helmet shouldn’t shake or rattle; it should stay neutral. If you grab the facemask and the chin strap is tightened up all the way, you should not be able to move the facemask left or right.
  • Find out if helmets are re-certified every year. One way you can tell: there should be a sticker at the back of the helmet with the year.

Also in the news was a recent development regarding depression.

What if Depression could be diagnosed through a blood test? It might help reduce stigma associated with depression and encourage people to get treatment. It could help promote new treatments too. Depression is usually diagnosed in a psychological manner (questionnaire), but a new study has shown that blood tests can diagnose depression. The study is published in the journal, Molecular Psychiatry and describes how blood tests were screened for 9 biomarkers associated with symptoms of depression.

Traumatic Brain Injuries have been referred to as a Silent Epidemic. A local study in Virginia is interested in how the brain functions throughout the course of an injury and tracking how it heals. Doctors find it difficult to accurately diagnose TBI as tests are not precise enough. This new study from the Virginia Tech Carilion Research Institute wants to use MRIs to see how the brain heals from concussions. The idea is to take images of the brain as soon as possible after injury and keep following up. A functional MRI machine would be used. This machine demonstrates changes to brain reactions when the subject is thinking, reacting, etc.

 

FSCO Mediations Backlog- and the wait goes on…

Wednesday, February 1st, 2012

Being involved in a car accident is a traumatic experience.

One of the key points to recovering from a car accident is rehabilitation which includes access to various therapies including massage, physiotherapy, social work and counselling. But, a car accident also affects you in terms of your housekeeping and home maintenance duties as well as your ability to take care of yourself. And of course, a car accident can affect your ability to work.

This is why you have Accident Benefits Insurance. Ideally, if your insurer is paying your benefits, you are receiving medical and rehabilitation benefits, a housekeeping benefit, attendant care benefit and an income replacement benefit.

But what happens when your insurer is denying your benefits?

More and more accident victims are finding that their treatments are being denied by their insurers. If you think about the helpful effects of physiotherapy, counselling, massage and then suddenly having your treatment denied and knowing you can’t proceed with treatment. It has a detrimental effect on accident victims.

In terms of housekeeping and attendant care, accident victims are paying service providers for these services. What happens when the payments stop coming in?

What happens when income replacement cheques stop?

Think of the long-term effects these denials have on accident victims.

Then consider the situation at FSCO (Financial Services Commission of Ontario) with respect to mediation backlogs.

When benefits are denied, accident victims can appeal the denial by filing an Application for Mediation with FSCO.  It used to be a 60 day wait before accident victims would find out when their appeals for denied claims would be heard. Now, it can take up to a year before the claimant receives an acknowledgement letter and is able to schedule the mediation time itself.

The backlog of cases is out of hand. FSCO is now looking outside for help, and is asking for proposals seeking assistance from private “alternative dispute resolution” firms.

A recent article in the Toronto Star outlines the situation at FSCO and the effect it has been having on accident victims.

It is noteworthy that the article makes reference to Auditor General Jim McCarter’s annual report for 2011, “FSCO’s mediation service is backlogged to the point that resolution of disputes between claimants and insurers is taking 10 to 12 months, rather than the legislated 60 days.”

Remember, during this waiting period, accident victims, our clients are going without their benefits. This is causing undue financial hardship. But beyond that, this stalls their medical recovery. Starting and stopping treatment is not the way to achieve maximum medical recovery. Especially in chronic pain cases.

Quite simply, FSCO has seen an unprecedented increase in mediation applications over the past couple of years, probably more so since the September 1, 2010 automobile insurance changes and the introduction of the Minor Injury Guideline.

Aaron Waxman and Associates is a Personal Injury Law Firm that handles car accident claims and personal injury claims.