After listening to a day’s coverage of the Texas Tech coach Mike Leach scandal over isolating of wide receiver Adam James after he was diagnosed with a concussion, I am shocked at how similar Leach’s defense tactics are to those we see if almost every case. It only took about 24 hours for the Leach’s legal team to start attacking James’s character. They want to shift the focus from the outrageous conduct of the accused to the poor qualities James has as a person.
Yesterday, the claim started that they were isolating James to keep him cool. I checked the weather in Lubbock, Texas on December 17, 2009, the day he was put in the equipment shed, forced to stand in the dark. High temperature for the day, 64.9 °F at 3:53 PM. I am sure they did it to protect him from heat exhaustion. Not. See http://www.wunderground.com/history/airport/KLBB/2009/12/17/DailyHistory.html?req_city=NA&req;_state=NA&req;_statename=NA
By last night Leach’s defense attorney had gone of the offensive. Now the attacks were that problems with James had started in the day’s before what they now called a “claimed” concussion. The problems with James were really about his poor effort in practice (before the concussion) and complaints about his lack of playing time.
This mirrors the exact tactics defense attorney’s use in almost every mild brain injury case. A corporate wrongdoer can run into someone with a semi, but by the time it gets to a courtroom, the case gets spun that the plaintiff is unworthy and was just looking for an excuse to take the rest of his or her life off.
In the days after a concussion, the brain is trying mightily to rewire itself to deal with the new challenges. That rewiring is not always positive. Add panic or emotional distress and the plasticity that we all hope will avoid negative consequences, can rewire the brain in the wrong ways. I call this “negative plasticity” and I believe it is one of the strongest arguments for better and more thorough diagnosis and follow-up for concussion.
You do not isolate, with guards, regardless of what training the guards have, someone whose brain is particularly vulnerable at that moment. This is almost as dangerous as moving someone with a neck injury. Dark, isolated places, are not a good idea. Emotions are very vulnerable at such time and adding an element of panic to the equation is virtually guaranteed to create more problems.
Yesterday I was willing to let Leach off with a bit of homework on concussion. See http://blog.subtlebraininjury.com/2009/12/texas-tech-coach-suspended-for-charges.html Today after hearing more details and the misdirection and spin of his defenders, I think the man should be fired. Concussions are to be taken seriously and anyone who wants to abuse a concussion survivor by attacking such person’s character needs to pay the consequences. Leach needs to be made an example of.
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
http://subtlebraininjury.com
http://car-accident-rain.com
http://tbilaw.com
http://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.
http://subtlebraininjury.com :: http://brainanatomyguide.com :: http://car-accident-rain.com :: http://tbilaw.com
http://waiting.com :: http://vestibulardisorder.com :: http://youtube.com/profile?user=braininjuryattorney
Texas Tech Coach Suspended for Charges of Concussion Abuse
In one of the more bizarre news stories of the last week, Texas Tech head football coach, Mike Leach has been suspended indefinitely, with his team about to play a bowl game, for allegedly confining a concussed player to an equipment room. The player Adam James is the son of Craig James, a college football analyst.
The school suspended Leach to investigate the charges. What is bizarre is that whether you believe the James family allegations that Leach ordered the player confined to an equipment room and an electrical locker, or the coach’s version that he was just isolated in bigger places, it is hard to find the conduct appropriate.
Apparently Coach Leach has not gotten the memo: Concussions are serious. They require proper diagnosis, treatment and monitoring. They are not the basis for false imprisonment, which incidentally is a tort and perhaps a crime. We have heard many stories of coaches and teams ignoring concussions, but never one of such bizarre treatment.
Just so there can be no ambiguity for Coach Leach and Texas Tech, go see what the CDC has to say about how concussions should be treated. The guidelines do not talk about isolation. The CDC has not only published a guide for physicians and others for the treatment of brain injury, they will send you a beautiful set of materials, detailing excellent information about such treatment. See http://www.cdc.gov/NCIPC/tbi/physicians_tool_kit.htm
While he waits on his suspension, Coach Leach’s homework should be to read the entire CDC toolkit, preferably in a quiet, isolated place.
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
http://subtlebraininjury.com
http://car-accident-rain.com
http://tbilaw.com
http://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.
http://subtlebraininjury.com :: http://brainanatomyguide.com :: http://car-accident-rain.com :: http://tbilaw.com
http://waiting.com :: http://vestibulardisorder.com :: http://youtube.com/profile?user=braininjuryattorney
The school suspended Leach to investigate the charges. What is bizarre is that whether you believe the James family allegations that Leach ordered the player confined to an equipment room and an electrical locker, or the coach’s version that he was just isolated in bigger places, it is hard to find the conduct appropriate.
Apparently Coach Leach has not gotten the memo: Concussions are serious. They require proper diagnosis, treatment and monitoring. They are not the basis for false imprisonment, which incidentally is a tort and perhaps a crime. We have heard many stories of coaches and teams ignoring concussions, but never one of such bizarre treatment.
Just so there can be no ambiguity for Coach Leach and Texas Tech, go see what the CDC has to say about how concussions should be treated. The guidelines do not talk about isolation. The CDC has not only published a guide for physicians and others for the treatment of brain injury, they will send you a beautiful set of materials, detailing excellent information about such treatment. See http://www.cdc.gov/NCIPC/tbi/physicians_tool_kit.htm
While he waits on his suspension, Coach Leach’s homework should be to read the entire CDC toolkit, preferably in a quiet, isolated place.
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
http://subtlebraininjury.com
http://car-accident-rain.com
http://tbilaw.com
http://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.
http://subtlebraininjury.com :: http://brainanatomyguide.com :: http://car-accident-rain.com :: http://tbilaw.com
http://waiting.com :: http://vestibulardisorder.com :: http://youtube.com/profile?user=braininjuryattorney
Santa’s Wish List for Brain Injury Community
I have been doing a Santa’s Wish list for brain injury advocacy for more than a decade. I regurgitate some of it from year to year, as the needs have changed little, the injury no less severe, the misdiagnosis as prevalent. This year my heart has been touched by a whole new group of survivors, and sadly, some who didn’t. Heading off this year’s list is one I haven’t used before:
I wish that all doctors who diagnose someone with brain injury, will take time to consider and treat the emotional vulnerability of the brain injured person. Brain injury comes with emotional injury. The more emotional a person was before the injury, the more significant that emotional injury will be. Yet emotional vulnerability cannot be ascertained in a 15 minute checkup, it requires listening and understanding the person who was hurt. And emotional injuries cannot be fully treated by passing pills.
Thus, my second wish is that a meaningful brain injury treatment program could be created so that if the physician identifies the needs for such program, those who get there get the intervention they need. There must be a thousand lists of brain injury symptoms on the web by now. I have had my own since 1996. Yet the most serious symptom of brain injury is almost never listed: suicide. The risk of a suicide attempt after a brain injury is quite significant. The risk of a successful suicide directly proportionate to the access of the brain injured person to a handgun. Of the 26,000 deaths in the United States each year from handguns, 17,000 are suicides.
So my third wish is that handguns be outlawed and that until they are, that all brain injury professionals make sure that their patients/clients, don’t have access to one.
My fourth wish is that with Health Care Reform we find the money, the priority, to get brain injury treatment programs in every state. It is hard to imagine our system has deteriorated to this, but the survivor of a severe brain injury, with catastrophic physical and mental impairments, may have no better treatment option in a given state than a nursing home. And once in a nursing home, they do not get the ongoing physical, cognitive and emotional therapy that they need.
As I look back at my past Santa’s Wish lists, I see that this year is not as cheery as some of those before. http://www.tbilaw.com/essays.santa.php Sometimes the emotional impact of brain injury also impacts the professional, too. It is hard to forget the story of a young husband, a young father who had a diagnosed brain injury and no treatment. His suicide will linger in my Christmas thoughts.
My first mild TBI case became a severe brain injury case because of a suicidal act. The challenge of representing Ritchie Clark almost two decades ago opened up the world of brain injury representation to me. After my representation had gotten him some justice, his untreated emotional injuries resulted in a catastrophic second injury, which ultimately cost him his life. My thirst to learn about brain injury came as a result of representing Ritchie. The motivation to do it better came from his death.
Once again I ponder how to get better, how to make a difference not just for my clients but for all those who impacted by this greatest life robber.
So this Christmas it is not a fairy tale list of wishes, but a promise to write more, to advocate harder and to be a better lawyer
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.
http://subtlebraininjury.com :: http://brainanatomyguide.com :: http://car-accident-rain.com :: http://tbilaw.com
http://waiting.com :: http://vestibulardisorder.com :: http://youtube.com/profile?user=braininjuryattorney
I wish that all doctors who diagnose someone with brain injury, will take time to consider and treat the emotional vulnerability of the brain injured person. Brain injury comes with emotional injury. The more emotional a person was before the injury, the more significant that emotional injury will be. Yet emotional vulnerability cannot be ascertained in a 15 minute checkup, it requires listening and understanding the person who was hurt. And emotional injuries cannot be fully treated by passing pills.
Thus, my second wish is that a meaningful brain injury treatment program could be created so that if the physician identifies the needs for such program, those who get there get the intervention they need. There must be a thousand lists of brain injury symptoms on the web by now. I have had my own since 1996. Yet the most serious symptom of brain injury is almost never listed: suicide. The risk of a suicide attempt after a brain injury is quite significant. The risk of a successful suicide directly proportionate to the access of the brain injured person to a handgun. Of the 26,000 deaths in the United States each year from handguns, 17,000 are suicides.
So my third wish is that handguns be outlawed and that until they are, that all brain injury professionals make sure that their patients/clients, don’t have access to one.
My fourth wish is that with Health Care Reform we find the money, the priority, to get brain injury treatment programs in every state. It is hard to imagine our system has deteriorated to this, but the survivor of a severe brain injury, with catastrophic physical and mental impairments, may have no better treatment option in a given state than a nursing home. And once in a nursing home, they do not get the ongoing physical, cognitive and emotional therapy that they need.
As I look back at my past Santa’s Wish lists, I see that this year is not as cheery as some of those before. http://www.tbilaw.com/essays.santa.php Sometimes the emotional impact of brain injury also impacts the professional, too. It is hard to forget the story of a young husband, a young father who had a diagnosed brain injury and no treatment. His suicide will linger in my Christmas thoughts.
My first mild TBI case became a severe brain injury case because of a suicidal act. The challenge of representing Ritchie Clark almost two decades ago opened up the world of brain injury representation to me. After my representation had gotten him some justice, his untreated emotional injuries resulted in a catastrophic second injury, which ultimately cost him his life. My thirst to learn about brain injury came as a result of representing Ritchie. The motivation to do it better came from his death.
Once again I ponder how to get better, how to make a difference not just for my clients but for all those who impacted by this greatest life robber.
So this Christmas it is not a fairy tale list of wishes, but a promise to write more, to advocate harder and to be a better lawyer
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.
http://subtlebraininjury.com :: http://brainanatomyguide.com :: http://car-accident-rain.com :: http://tbilaw.com
http://waiting.com :: http://vestibulardisorder.com :: http://youtube.com/profile?user=braininjuryattorney