Youthful Offenders Committing Crime Probably Have Traumatic Brain Injury

High School Teacher Killed by Youths

The recent news of high school teacher being beaten and killed by several youths for no apparent reason raises questions about motive.   Timothy VanDerbosch, a physics and chemistry teacher at Eldorado High School, Las Vegas, Nevada, was attacked, robbed and left in the street, where he was hit by a car, Wednesday morning while walking to school, a crime that VanDerbosch’s sister, Lori de los Reyes, 47, describes as “senseless.”

 

Students hold balloons and observe a moment of silence for Timothy VanDerbosch and Pamela Orr-Sowers, two Eldorado High School teachers who recently died. VanDerbosch died Wednesday morning at University Medical Center after being robbed, beaten and accidentally run over near Washington Avenue and Betty Lane.  (Las Vegas Sun)

 Research Supports Offending Youths have Higher Incidence of Traumatic Brain Injury

A new study of young offenders has revealed they have a significantly higher rate of Traumatic Brain Injury (TBI) than that expected in society as a whole.  Research from the journal  Neuropsychological Rehabilitation, suggests brain injury must be taken seriously in the assessment and management of offenders.

The study, published in the journal Neuropsychological Rehabilitation, found that while a brain injury alone is unlikely to increase a child's chances of criminal activity, it could play a factor in those already susceptible to crime, and may increase the chance of repeat offences.

After traumatic brain injury, generally, people suffer from cognitive and emotional impairments that can lead them to alcohol, drugs and criminal activity.  Without sufficient support structures, understanding family, a person with brain injury may be largely misunderstood and depressed.  With no perceptible solution, that person could slip into bad habits.  So too can young, impressive brains injured by trauma.

The Children

As I watch my children grow I am thankful that they have not had serious or repeated concussions or traumatic brain injury.  Life has enough potential setbacks.

It is always wise to help your kids avoid injury.  Today's "NO FEAR" attitude could lead our kids to injuries that we simply do not anticipate.

  • Make your kids wear helmets
  • Be aware of their activities
  • Know who is driving when they are in another car
  • Talk to your kids about how injuries happen unexpectedly

 

Education For Students With Traumatic Brain Injury

Las Vegas Brain Injury Blog

Deciding what to do after highschool is challenging for any student.  I am fortunate to have a daughter who is taking college and highschool classes at a college campus.  Her transition is somewhat guided and, I hope, seamless.

For students with traumatic injury (TBI), the basic transition challenges are the same as for any young person, yet they are usually more complex.  There are opportunities and resources available to students with brain injury, their families, and others who care for them.

Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act of 1990, IDEA, and its amendments provide for a free appropriate public education in the least restrictive environment for students with disabilities who have not received a regular highschool diploma up to age 21.

IDEA requires the creation of anindividualized education plan, or IEP, for each child who receives  special education services  The firstIEP is usually created when a child enters school and must be updated annually.

IDEA provides transitional services to help students move from school to employment, further education, adult services, independent living, or other types of community participation.  The services are based on the student's needs and take into account his or her strengths, preferences, and interests.

The case of Forest Grove School District v. T.A., argued before the Supreme Court on April 28, 2009, addresses the issue of whether the parents of a student who has never received special education services from a public school district are potentially eligible for reimbursement of private school tuition for that student under theIDEA. On June 22, 2009 the Supreme Court held that parents of disabled children can seek reimbursement for private education expenses regardless whether their child had previously received special-education services from a public school. By a vote of six to three, the Court held that the Individuals with Disabilities Education Act (IDEA) authorizes reimbursement whenever a public school fails to make a free appropriate public education (FAPE) available to a disabled child.

Following a campaign promise for "funding the Individuals with Disabilities Education Act", President Barack Obama signed the American Recovery and Reinvestment Act of 2009 (ARRA) on February 17, 2009, including $12.2 billion in additional funds.

If you know of child who is disabled and in need of special education you can contact http://idea.ed.gov/.

 

Episode 4 - Impairment After Traumatic Brain Injury

Download video podcast

Overcoming Loneliness After Traumatic Brain Injury

 

Overcoming Loneliness After Traumatic Brain Injury

Common Signs of Loneliness

Traumatic Brain Injury may have physical and medical components. However, it can also change the way you feel about yourself and those around you. This is especially true in cases of mild and moderate brain injury. People often view you as “healed” or “well” and do not relate your change in feelings to a traumatic event. Understanding how brain injury has affected the way you feel and act is an important first step. Next you can learn how to improve old relationships, develop new relationships, and feel better about life.

Do you hear yourself saying…

  • "Nobody cares about me.”
  • “Why won’t my boyfriend return my calls.”
  • “Seems like no one wants to talk to me.”
  • “Everyone avoids me.”
  • ”I just do not feel like going out.”

Are you saying or doing things that cause other people to be uncomfortable? Are you pushing others away by…

  • focusing on what is wrong with your life and the world?
  • not listening when others speak, interrupting, or talking too much?
  • talking about yourself only?
  • asking people very personal questions?
  • hurting other people’s feelings?
  • not going out

Common Feelings After Brain Injury

You may feel very lonely even around family and friends. Loneliness is a normal experience for most people at one time or another. It is when we feel disconnected and feel like something is missing in our lives. After a traumatic brain injury, those feelings can be intensified. Understanding how brain injury has affected the way you feel and act is an important first step.

The following are common feelings experienced by victims of traumatic brain injury…

  • Difficulty communicating or relating to others
  • Fear of Rejection
  • Irritability
  • Fatigue
  • Anxiety
  • Frustration relating to inability to drive or work

Additionally, some survivors find that they lose contact with friends and co-workers because they do not see them as much, especially if they have not returned to work or school.

Ways to Overcome Loneliness

These simple steps will help you overcome loneliness…

           

●Identify and develop interests in hobbies and activities you can do alone

Being alone and loneliness do not have to be the same. Find some alone time and use it to do things you enjoy like drawing, crafts, gardening, crossword puzzles, reading, listening to or playing music, researching your family tree, writing in a journal or any number of thousands of things. A side benefit is that you will more interesting to talk with since you have positive things to talk about.

Exercise

We all know that exercise is the great healer. It will increase your strength and help you feel better about yourself. Consider joining a gym, health club, YMCA or YWCA, a mall walker’s club or other physical activity.

●Reduce television time

●Smile more

Greeting people with a smile will likely result in getting one in return which makes the moment positive. Eye contact says you are confident. It makes people like to be around you.

●Eat healthy and eliminate alcohol

Along with exercise, this self improvement suggestion will add energy to your regime. Buy a good diet book and commit to its program.

●Take your medication

Never stop taking prescribed medication if you do not like the way it makes you feel. Everyone has a unique reaction to different medicine. Advise you doctor and she will suggest alternate medicine for you to try until you find one that works best for you.

●Do not let challenges overwhelm you

This is easier than it sounds. Meditation helps produce certain brain activity that becomes a familiar and accessible place during times of stress. Do not let your depression overwhelm you. Talk to your doctor if you feel the need.

 For more information on services in your areas, contact your state mental health agency. You can find a psychologist in your area at www.apa.org; a licensed social worker at www.naswdc.org; or a local psychiatrist at www.psych.org.

●Do something for others without expecting something in return

The whole “pay it forward” mentality is a good place to begin. Carry someone’s groceries, walk their dog, visit a nursing home.

●Ask others for help when you need it

Victims often lack insight. Therefore they fail to appreciate that others who may want to help simply do not know what they can do. Tell them. You will be surprised at the response.

●Understand that to meet new people you have to be around other people

●Keep an open mind

It is hard for most people to try new things. But commit yourself to doing that at least once each week. Find community events in your local paper. It may be hard at first but if you put in the effort you will be pleasantly rewarded.

You can find support groups by contacting the Brain Injury Association of America at www.BIAA.org. You can attend community events like theater productions, music productions, art shows, book clubs, sport events, political meetings, adult education, Rotary Clubs www.rotary.org, Lions club International www.lionsclubs.org, Kiwanis International www.kiwanis.org, Soup kitchens, day care centers, nursing homes and animal shelters, to name a few.

●Make a list of things you would like to do

It is true that by writing goals down you are more likely to achieve them.

●Adopt a pet

For information on adopting a pet you can visit your local Humane Society at www.hsus.org or the American Society for the Prevention of Cruelty to Animals at www.aspca.org.

●Write, email or call family and friends

●Volunteer

You can support religious groups, schools, hospitals, and libraries that need volunteer work. You can find such organizations and others in your local newspaper. You can also research at www.volunteermatch.org.

●Join a church

●Learn about brain injury

Go to www.biaa.org or www.nabis.org to learn about traumatic brain injury and related issues.

●Limit the time you spend on the computer and the internet

Plan on developing and interacting personally rather than in virtual terms like chat rooms and the internet provide.

Building Strong Relationships

            Consider these ideas to build strong relationships…

            ●Learn to like who you are

We have all heard this before, “if you can’t like yourself, how can you like someone else?” Well start liking yourself. You are a good person and worthy of good friends.

            ●If you believe that others will like you they are more likely to

A Positive attitude about yourself will rub off on those around you.

            ●Write down your goals about making new and keeping new friends

It is true that by writing goals down you are more likely to achieve them.

            ●Make new friends

Resolve to not be afraid. Accept the invitation to the party, dinner, movie or whatever the opportunity provides. View meeting new people as an opportunity. Think about the possibilities of new things that can be had through making new and exciting friends.

            ●Take care of your physical appearance

Co0mmonly, when people become discouraged about themselves it shows in how they care for their outward appearance. Do not neglect yourself.

            ●Allow friendships to build slowly

Remember good friends are hard to find. Do not become discouraged if everyone you reach out to does not become more than an acquaintance.

            ●Try to listen more and talk less

Be a good listener. Hear the conversation, do not completely occupy it.

            ●Ask questions

A good way to show you are listening is to ask questions about what is being said.

            ●Show interest in what is being said

Participate in the conversation by occasionally nodding or making other sounds indicating you understand what is being said such as “Uh huh.”

            ●Remove distractions

It is difficult for anyone to focus on a speaker all the time. Trying to do so with extraneous noise like a T.V. or radio just makes it more difficult.

            ●Be a good friend that others will like to be around

Similar to people liking you for who you are, you should accept people for who they are. This may not make them a friend, but it will make you more pleasant to be around.

            ●Communicate positively

Some Traumatic brain injury survivors stay very negative about things. You need to focus and tell others about good things in your life or the world around you.

            ●Understand that relationships have good and bad moments

            ●Fight fair

Conflict is likely in any relationship. Be aware of that. Be ready and willing to forgive others as well as to be forgiven.

            ●Be polite, considerate and kind

Language can be sharper than the sword. Be very careful when you disagree to do so politely, respectfully and with a vision that the disagreement does not mean the end of the friendship.

            ●Think of others as much as you think about yourself

Thinking about others is a skill. The more you practice the better at it you become.

            ●Think about what you say before you say it

Along with being polite and respectful of what others have to say, be careful in what you say to others. Brain Injury makes people naturally less patient which can lead to unintended outbursts. Again practice makes perfect.

            ●Prepare yourself to work at building relationships

Building relationships takes time. Be ready and do not give up. Give it time. Accept that it may not have the same priority for the other person that it does at this moment for you.

I hope these basic tips will help you or a loved one cope better and ultimately overcome the tedium and strain of loneliness.

 

 

Continue Reading...

Truck Driver Safety - Should I be Concerned?

Truck Driver Safety - Should I be Concerned?

We All Use the Road

Imagine driving along your city’s interstate in traffic. Rolling by next to you are cars on each side. One is front and one is behind. What feeling do you get when the car in front or next to you starts to swerve into your lane or the one next to you?  One reaction might be, “I want to get away from this person because they are either drunk or simply not paying attention and could wreck.”

Then, while you pass to distance yourself from that driver, you notice they have a cell phone wedged between their ear and shoulder, lips moving, and sipping coffee! All while driving in excess of 60 miles per hour on the interstate! Bad scenario begging for a bad ending.

Truckers Use the Road Too

Now imagine you are driving on the same interstate and this time you are surrounded by semi tractor trailers that you can neither see past or around. Same thing happens. Truck in front, to your left or right, starts weaving. Holy cow! No way! In order to drive these big trucks you have to have a special license and training you think. They couldn’t be drunk. But could they be fatigued? Have they been up too many hours driving trying to get a load delivered “on time?” You wonder.

 As you attempt to clear yourself from this wondering trucker, you are shocked seeing a cell phone wedged between his ear and shoulder and lips moving. Okay, you think, there are laws being enforced prohibiting cell phone usage and texting while driving. And for good reason. New young drivers lack the wisdom to appreciate why multi-tasking and driving are a bad combination – so outlaw it. Adult drivers apparently lack the same insight – so outlaw it. But truck driver’s should not lack that insight and should have a higher level of driver training than most non-commercial drivers. How could they lower their own standards? When they do they leave non-truck drivers worrying about being killed by these beasts of burden.

New Anti-Distracted Driving Regulations

U.S. Transportation Secretary, Ray LaHood, announced new Anti-Distracted Driving regulations in a recent 2010 summit. These apply to commercial drivers of hazardous materials, commercial truck and bus drivers, and rail operators. Dubbed “Phone in hand, Ticket in the Other.” Is this something we all should be concerned about? Yes. In 2009, about 5,500 people died and 500,000 were injured in crashes involving a distracted driver.

In test states where law enforcement has been specifically stepped up almost 500 tickets have been issued for cell phone use while driving. The National Highway Traffic Safety Administration (NHSTA) has found that cell phone use while driving has decreased 68% and 42% in Hartford and Syracuse respectively. People need to understand that driving and cell phone use and texting are dangerous and wrong. Instead, put down the phone and focus on the road.

Enforcement of these regulations will allow us all to travel more safely on our highways.

Traumatic Brain Injury Affects Movement

Can Traumatic Brain Injury Affect my Movement?

Yes.  Traumatic Brain Injury can affect the motor function of your brain.  This could seriously affect those of us who depend on specific coordination in work or social situations.

Research shows that parts of your brain that are not involved in a direct impact can still be injured.  This is due to the diffuse nature of traumatic brain injury.  A large proportion of survivors of traumatic brain injury (TBI) have persistent cognitive impairments, the profile of which does not always correspond to the size and location of injuries. One possible explanation could be that TBI-induced damage extends beyond obvious lesion sites to affect remote brain networks.

If you find yourself with a blow to the head, or in a traumatic event where you are uncertain if you hit your head, pay attention to things like balance, coordination and subtle movement changes.  You may have injured the motor function of your brain.

Research Using Functional MRI

Researchers at Columbia University Medical Center conducted tests with Functional MRI (fMRI). Observations suggest that patients display compromised activation and connectivity patterns during the finger-thumb opposition task, which may imply functional reorganization of motor networks following TBI.

Functional MRI versus Positron Emission Tomography

Functional MRI is based on the increase in blood flow and neural activity in the brain.  The main advantages to fMRI as a technique to image brain activity related to a specific task or sensory process include 1) the signal does not require injections of radioactive isotopes, 2) the total scan time required can be very short,  and 3) the in-plane resolution of the functional image is very small.

To put these advantages in perspective, functional images obtained by the earlier method of positron emission tomography, PET, require injections of radioactive isotopes, multiple acquisitions, and, therefore, extended imaging times. Further, the expected resolution of PET images is much larger than the usual fMRI pixel size. Additionally, PET usually requires that multiple individual brain images are combined in order to obtain a reliable signal. Consequently, information on a single patient is compromised and limited to a finite number of imaging sessions.

 See the article in Neurology.

Las Vegas Truck Collision Conference

Truck Collision Cases Require Special Knowledge

Most collisions involving trucks are very serious.  The severity of injury and damage increases due to the size and weight of semi tractor trailers or other big trucks.  In order to properly represent folks who are in these types of wrecks, attorneys need special education and knowledge relating specifically to the trucking industry.  Too many lawyers treat truck collision cases like any other car accident case and they should not.

American Association for Justice Trucking Collision Conference in Las Vegas

The AAJ Trucking Collision Conference I previously blogged about was, according to attenders, an overwhelming success.  Over 100 people registered.  I moderated the second day and was honored to introduce outstanding lawyers and experts.  We even had a live truck inspection by RGK Consultants in the parking lot at Caesar's Palace.

Prior to the official conference, the Interstate Trucking Litigation Group had their Members Only meeting on Thursday.  It was also a success.  Joining us at my invitation was former Chief Justice of the Nevada Supreme Court William Maupin.  Justice Maupin was part of a panel of of Judges from around the country discussing their perspectives on trials involving truck collision cases.

I presented on the issue of Independent Contractor Defense and Statutory Employment pursuant to the Federal Motor Carrier Safety Regulations.  I was joined by excellent speakers discussing topics pertinent to the issues in truck cases.

I was complimented on my presentations and appreciated the comments:

Tim: Thank you for your presentation at the recent seminar and the copy of the brief.

Mike Malkiewicz

Tim

 I very much enjoyed your talk in Las Vegas last week. Are you sharing your Ind. Contractor Brief? If so I would love to get a copy.

Mike

Michael Wright
Simmonds & Wright LLP
881 Madison Ave
Mankato, MN 56001
507-345-4543
Fx 507-345-8494
 

Larry Simon, Robert Collins, Michael Liezerman, Morgan Adams, and Joe Fried, to name a few, made the events an educational great time with great socializing and networking dinners.

Chief Justice Bill Maupin and and Tim Titolo at Caesar's in Las Vegas

 

 

Larry Simon and Tim Titolo at the Las Vegas Truck Collision Seminar October 2010.

 

Trisha of Medivisuals, Robert Collins, and attorneys from across the country teach and learn about issues in Truck cases.

 

Inadequate Security at Hotel

Security at Hotels

When we check in to a hotel, we expect that criminals will not be allowed to roam the property looking to harm us.  When they do who can we look to for compensation?  The criminal usually has no resources.  But the hotel that allowed the situation to arise does.  Hotels are supposed to protect its guests from being harmed by trespassers. 

Inadequate Security

Inadequate Security claims arise when a hotel does not provide proper protection and injury results.  How do you determine if security is proper.  The Hotel will always argue that an injury causing event happened so fast (usually in less than a minute) that "no amount of security could have prevented it."  However this is not so in many cases.

Foreseeability is key.  Prior similar events or reasonable expectation based on the type of business is the law in Nevada.  Whether a quick attack was foreseeable is the standard; not whether the particular attack was actually prevented.

Nevada's Inadequate Security Law

Harrah's Laughlin was sued regarding an event in 2004 where two rival biker gangs came to the resort town for a scheduled biker event.  When a riotous feud broke out, hotel guests were injured during a literal cross fire of bullets and mayhem.  The guests were injured and brought suit against Harrah's alleging Harrah's knew or should have known that such a mayhem could break out and that it failed to advise or protect its guests.

In November 2010, a jury returned a verdict stating Harrah's was liable for the injury to its guests.  This ruling is a great victory for consumers and will assist victims of injury at hotels. 

To read more about the facts from the Las Vegas Legal News click here.

Mild Traumatic Brain Injury Long Term Consequences

Las Vegas Brain Injury Blog

The result published in a Cambridge University Press article (2010) entitled Long Term Cognitive and Emotional Consequences of Mild Traumatic Brain Injury  reveals Mild TBI

"individuals had significant impairments in all cognitive domains compared to the healthy control subjects. The sizes of cognitive deficits were medium to large, and could not be accounted for by self-perceived deficits, depression, compensation claims or negative response bias. BDI scores were significantly higher in the patient group, and three patients fulfilled DSM-IV criteria for a mild episode of major depression.

 Conclusions. Primarily, well-recovered individuals who had sustained a minor trauma more than half a decade ago continue to have long-term cognitive and emotional sequelae relevant for everyday social and professional life. mTBI may lead to a lasting disruption of neurofunctional circuits not detectable by standard structural MRI and needs to be taken seriously in clinical and forensic evaluations."

The NY Times published an article about a writer who sustained an otherwise "mild" traumatic brain injury and suffered long term consequences.  Read the article A Brain Injury Discovered by clicking here.

"It didn’t occur to me to connect my symptoms with a minor accident I’d had in May, when I fell off my bike onto the grass, crunching my helmet. (At my checkup, the doctor and I had discussed this and another fall I’d taken, noting the curiosity that when you’re young you “fall,” but when you’re older you “have a fall.”)

But when there’s something wrong with your head, I’ve discovered, you may have no way of knowing there is something wrong with your head. And that Catch-22 can prove fatal.

Why Long Term Consequences of Traumatic Brain Injury Are Serious

 Even if you feel like a trauma leaves you in a state of confusion which may go away, it is important to consider long term consequences.  Many people in car accidents feel they are flustered or in shock when they really have symptoms related to traumatic brain injury.

If you find after discharge from the Emergency Room that your fogginess or confusion does not subside quickly, you should consult a personal injury attorney who specializes in understanding and representing brain injured clients to advise you of your options.  You should be directed to appropriate health providers who can evaluate your condition and decide if additional tests or therapy are required.