Brain Injury Permanency from Concussion
Click a link below to learn more information...
These are our most recent posts.
In speaking to a group of brain injury professionals, I asked for a list of the most common symptoms of brain injury. The one that I wasn't looking for, but which came up first and most often, was headache. The literature agrees that headache is probably the most common symptom after brain injury. Yet, from a forensic standpoint, it is an aspect of the case that is least fascinating, being one that there is virtually no way to quantify, show a footprint of or to clearly pinpoint the cause.
In the research and thought that went into this page, I realized that at least as far as this symptom is concerned, we attorneys have made the same mistake that far too many doctors make.
One reason that we attorneys have little fascination with headache, is that it is the symptom which most often disappears after the acute stage of the injury. Yet, when it does persist into the sub-acute and chronic stage, it not only can have significantly disabling consequences, it can point to serious other problems. Like its soul mate, depression, it often does not correlate to either the severity of the initial diagnosis or the expected time frame for recovery from concussion.
"It has been repeatedly demonstrated that post traumatic headache is most common and indeed often most severe in patients with the least injury." Marc E. Hines, in Varney and Roberts, The Evaluation and Treatment of Mild Brain Injury, ©1999, Lawrence Erlbaum and Associates, at page 375 and 376.
The problem with headache after brain injury is not one of diagnosing the headache, but ascertaining its cause and type. Headache is so common a complaint, its existence too often is not even factored into the overall diagnosis of the patients problems. Also complicating the headache picture, is that by the nature of the biomechanics, most of those who suffer a concussion can be expected to have non-brain injury headaches, as some injury to either the neck or scalp is almost a prerequisite to the type of acceleration / deceleration forces which cause diffuse axonal injury. Both neck and scalp injuries will cause headaches, that are not directly related to injury to the brain.
A sad irony is that headache is one symptom for which effective treatment often exists. And the proper treatment can often relieve the severity of other cognitive complaints. In one study of 129 patients involved with legal claims, only 30 of such patients got treatment for headaches. Of the patients who got no treatment for headache, only 14% returned to work in a reasonable period of time. In contrast, in those who got treatment for headaches, 83% returned to work in a reasonable time, substantially before the settlement of their claims. See The Evaluation and Treatment of Mild Brain Injury beginning at page 382-383, citing studies done by Kelley, R.E.
As a result of the complexity of identifying the cause and ascertaining the type of headache, headaches are most accurately called "post traumatic headaches" as opposed to brain injury headaches. Hines, in his excellent discussion of post traumatic headaches in The Evaluation and Treatment of Mild Brain Injury beginning at page 375, classifies headaches into complex, multiple types. Hines' work is beyond the scope of our treatment here but it is highly recommended to any doctor charged with treating those with post concussion problems. His premise that the physician who listens and "treats whatever is treatable" is one that we must insist all physicians follow.
Yet in what Hines calls this "complex montage of interacting factors", the post-traumatic migraine screams for a specific treatment here.
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
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.
Disclaimer:
The materials on this World Wide Web site are provided purely for informational purposes and are not legal advice. These materials are intended, but not promised or guaranteed, to be correct, complete, and current. This web site is not intended to be a source of advertising, solicitation or legal advice. Therefore, the reader should not consider this information an invitation for an attorney-client relationship. Readers should not act or rely upon any information contained in this World Wide Web site and should always seek the advice of competent counsel.
The owner of this web site is a law firm, the Johnson Law Office which organized the Brain Injury Law Group. The Johnson Law Office is licensed to practice in the States of Wisconsin , Illinois and Michigan. The Brain Injury Law Group does not wish to represent anyone desiring representation based upon their viewing any portion of this World Wide Web site that fails to comply with all legal and ethical rules in such individuals state. While not intended to do so, but in a good faith effort to comply with all rules and regulation which may be applicable to it, the Brain Injury Law Group hereby informs readers that this site may be construed as advertising and promotional materials. The Brain Injury Law Group makes no representation that it can obtain the same results as reported in this web site in other legal matters.
The transmission of an e-mail request for information does not create an attorney-client relationship. If you are a client, remember that e-mail may not be secure. WE BELIEVE THAT THE FAR PREFERRED METHOD FOR YOU TO CONTACT US IS BY PHONE AT 800-992-9447.