California Injury Attorney Blog

According to the federal Centers for Disease Control, 1.5 million Americans sustain traumatic brain injuries annually and 75% of those are considered what is deemed "mild."

But the California Injury Attorney Blog wants Americans to know that even a "mild" traumatic brain injury can be very serious and devastating. In fact, about 15% of those patients with mild traumatic brain injury can suffer disabling and persistent problems.

Recently, San Francisco's injury law firm Hersh & Hersh, which is affiliated with the California Injury Attorney Blog, achieved a substantial settlement for a man injured in a rear end accident. Rear end accidents are common, but can result in persistent injury, including what is called Mild Traumatic Brain Injury (MTBI). The firm established through the medical evidence that a low impact rear end accident which causes a whiplash can also cause MTBI and vestibular (inner ear) injury which, when combined, can result in serious, lengthy disability.

The settlement for the MTBI of the injured victim was obtained despite the fact that the defense attempted to characterize the crash as low impact with "experts" that would likely not have been allowed to testify as such at trial because they did not have proper credentials in the area in which they were attempting to testify. The defense hired a neurologist/psychiatrist and a neuropsychologist to try to prove the plaintiff was malingering and/or emotionally disturbed so that he had no injury but imagined it. Those theories were rebutted by the testimony of treating health care providers and a lot of hard work by counsel.

MTBI is an injury that is very commonly overlooked and not diagnosed. However, the injury can be devastating. It can be the result of the forceful motion of the head or impact that causes a brief change in mental status such as confusion, disorientation or loss of memory and can also involve a loss of consciousness for less than 30 minutes. Some symptoms can persist including: fatigue, headaches, memory loss, trouble concentrating, sleep disturbance, dizziness, balance problems and other symptoms.

Mild traumatic brain injury can result in a brief loss of consciousness and/or confusion or disorientation. Brain scans such as MRI and CAT scans can be normal in MTBI, but the victim of this injury can have cognitive and concentration problems, headache, memory problems, mood swings and other symptoms which persist.

The victim of MTBI will often look and act normal even though in fact they are not feeling or thinking in a normal way. If you have been in a rear-end or other auto accident, you may have suffered a MTBI without knowing it. You could be suffering a disabling injury and need medical and other support, including recovery for loss of time at work. Contact the California injury lawyers of Hersh & Hersh for more information on MTBI and your legal rights. We can provide a free consultation and assessment of your situation.

The California Injury Attorney Blog is pleased to provide readers with information about the new crib rule that has been issued by the federal government.

Our affiliated consumer law firm, San Francisco's Hersh & Hersh, has been at the center of the cases involving infant deaths due to defective and unsafe cribs. Our work was instrumental in securing major recalls concerning infant safety and we were involved in the largest recall of cribs and bassinettes in American history.

Many Americans have been asking the CSPC questions regarding the new rules. According to the federal government, most questions have concerned the drip side, but the new standard impacts more than the drop side and includes: the crib's mattress support, slats, and hardware.

The new standards require all of these to be more durable. In addition, crib manufacturers must test their cribs and have a higher burden to prove to the government that they have complied through rigorous testing. The new standards go into effect on June 28, 2011.

Childcare centers and public accommodations must comply by December 28, 2012.
It is very important for consumers to know that not only does the new standard involve new cribs it also involves resale of cribs. Both full-size and non full-size cribs are covered.

If you would like more information about crib safety please visit the Crib Information Center for the US Consumer Product Safety Commission. There you will find specific instructions on how to put your baby safely to sleep and what to look for in your baby's nursery and crib to ensure safety.

In the coming weeks we will provide more information about the new crib standard.

The lawyers of California's preeminent consumer law firm, Hersh & Hersh have compassionately represented the families of children and infants who have been injured or have died in a tragic incident. We have represented families of babies who have died in defective and dangerous cribs. Please contact our offices for a free consultation with one of our experienced attorneys regarding any questions you have if your child or infant has been injured.

Recently, a man drowned in southern California during a scuba-diving class off the coast near Catalina Island. According to Los Angeles authorities, the drowning victim was taking a beginning scuba course when he apparently became unconscious. The victim was rushed to the University of California Catalina Hyperbaric Chamber by a lifeguard boat, but the emergency medical treatment was not successful and he was pronounced dead there.

We currently do not know more facts about this incident. However, it is important to be reminded that when we go outdoors to do fun activities, we also need to be prepared for those activities. When taking a class or a tour, pay attention to the qualifications of those involved.

An example of recreational activity that turned harmful is a recent incident on a Segway tour in northern California. The California Injury Attorney Blog's affiliated San Francisco injury law firm recently settled a case of serious injury that took place during a Segway tour at a Bay Area recreational area.

In that case, a series of things occurred that caused serious injury. First, the injured woman was not properly trained on the Segway prior to the tour and her tour guide was not present when she was trained and was not aware of her level of comfort in operating the segway. Second, the tour operators failed to properly monitor the tour that the woman was on when she crashed and was very badly hurt. Third, the tour guide himself was inexperienced. He had even asked to be excused from guiding the very tour he was guiding at the time the woman was injured, but his manager required him to go out anyway. He did not want to supervise another tour because he had led a tour earlier that day in which a participant was injured.

The woman suffered a severe leg injury when she was unable to stop her Segway and fell over it. She has had two surgeries and now has difficulty with mobility and cannot do things she used to enjoy doing.

In the case of the scuba diver's death we do not know whether the scuba instructor involved in the Catalina Island case was experienced or why the man died doing an activity that many would enjoy learning and is done safely every day. The authorities are not releasing more information.

Before you decide to enjoy a new activity or go on a tour, make sure you feel comfortable with the instructors or guides. If you do not believe you have had enough instruction, or if you do not know the credentials of your instructor or the tour operator, go elsewhere or do a different activity.

If you are hurt or injured get help from experts who can ensure that you have the support you need to recover from your injuries. The San Francisco, California injury law firm of Hersh & Hersh has helped injured victims of catastrophic injury for decades and offers free confidential consultations with an attorney. Contact our law firm to talk with one of our experienced injury attorneys.