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It is not necessary to have a loss of consciousness to suffer permanent brain injury.

Source: Definition of Mild Traumatic Brain Injury Developed by the Mild Traumatic Brain Injury Committee of the Head Injury Interdisciplinary Special Interest Group of the American Congress of Rehabilitation Medicine.

J Head Trauma Rehabil 1993:8(3):86-87

Attorney Gordon S. Johnson, Jr.

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Basal ganglia

Other Footprints of Pathology

There are other "footprints of pathology" which establish objective evidence of brain pathology. These would include blood pressure, neurological exams, performance based functional capacity exams and brain stem and vestibular testing.

Brain Stem/Cranial Nerve Issues

Brain Stem/Cranial Nerve Issues:
My first suggestion is to fully work up the brain stem/cranial nerve issues in a case. An abnormal ENG or posture platform test by a neurootologist, would be a terribly difficult finding for a defense attorney to dismiss. See the treatment of vestibular problems.

The Smell Test: Before a neurologist labels your neurological exam "normal", make sure they give you the smell test. Damage to sense of smell and related problems with taste, are not only a very common symptom of brain injury, they also correlate to disturbing executive function problems in associated geographic areas of the brain, the orbital frontal area. Significant research points to these orbital frontal problems being central to unsuccessful reintegration of the brain injured person into the outside world. Such problems have a remarkable correlation to serious employability concerns.

Varney, The Evaluation and Treatment of Mild Traumatic Brain Injury, Erlbaum, ©1999.

Olfactory Bulb

Performance Base Functional Capacity Exam:
Another "footprint of pathology" is what is called a performance based functional capacity exam. Such exams cannot only objectively quantify fatigueability in a brain injury survivor, they also show clear objective evidence of "best effort."

I believe that these various pieces of objective evidence can provide us with a triangulation of pathology that will make the malingering defense ineffective.

Next: Neuropsychology

 

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subtlebraininjury.com is a website with a mission to educate with respect to the magnitude of brain injury which does not involve coma - injuries that have been labeled by names which grossly minimize their potential impact upon the life of the injured person. This site is brought to you by the advocates of the Brain Injury Law Group, a community of plaintiff's trial lawyers across the United States united by a common interest in serving the rights of persons with traumatic brain injuries and a common commitment to fully understanding the anatomic, medical and psychological aspects of TBI.

 

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Additional Information

For a full treatment of the topic of brain injury, and recovering adequate compensation for those who have survived such injury, please visit our other pages. tbilaw.com A general treatment of all types of brain injury, including severe brain injury and concussion, with a special focus on the legal aspects of recovering full and adequate compensation for such injuries. tbilaw.com has been at the cornerstone of the web advocacy of the Brain Injury Law Group since it went online in 1996. waiting.com A page designed to assist those with issues regarding coma, especially in the acute phase when the doctors are saying "I just don't know." vestibulardisorder.com Addressing vertigo and dizziness resulting from trauma as well as information and resources for vestibular disorders.

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©Attorney Gordon S. Johnson, Jr., 1997-2008.

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