Hypoxic-ischemic encephalopathy (HIE) is a condition in which the brain does not receive enough oxygen on a global basis. Since brain cells die when deprived of oxygen within minutes, HIE can result in serious injury or death. HIE is most often mentioned in connection with birth injuries to newborns, but can also be caused by a multitude of other events that result in reduced blood flow and reduced oxygen supply to the brain…

Proper airway management is a basic tenet of medical treatment for patients. In many situations, it is necessary for the healthcare provider to establish a viable airway for the patient by endotracheal intubation, where a flexible, plastic tube is placed into the patient’s trachea (windpipe) to provide and insure the patency of the airway…

An often overlooked area of liability in tractor-trailer accidents is that of the shipper. In some occasions, the shipper, as well as the trucking company and its driver, may be liable to an innocent victim of a tractor-trailer collision…

Federal Motor Carrier Safety Regulations (FMCSR), found in 49 Code of Federal Regulations, are often quite helpful in establishing liability in tractor-trailer accident and other commercial truck accident cases. The FMCSR constitute a complex maze of rules governing the safe operation of the interstate trucking industry. These rules apply to commercial motor vehicles used on a highway in interstate commerce to transport passengers or property…

Trucking companies and their insurance carriers routinely arrive on the scene of a tractor-trailer collision within hours of the collision in an attempt to record and manage the forensic evidence. Likewise, innocent victims of trucking accidents need to have the critical evidence preserved in order to successfully compete in such cases. It is incumbent on the trial lawyer for the innocent victim to have a thorough knowledge and understanding of what to look for in tractor-trailer cases…

An individual who has suffered a brain injury often looks perfectly normal to the casual observer, but in reality has had his or her life completely altered as a result of the brain injury. Effective advocacy in these cases requires the trial lawyer to know how to educate the jury regarding all of the problems – physical, cognitive and emotional – the client has, and then to motivate the jury to render an award that will fully compensate the client for a life changed forever…

It is not at all unusual for an individual who has suffered a mild brain injury to have the imaging studies of his or her brain read as normal. Indeed, many healthcare providers fail to diagnose their patients’ brain injuries because of this phenomenon. However, there is current technology with imaging studies to demonstrate brain damage that is not discernible by conventional x-ray, CT, or MRI. The trial lawyer representing individuals who have sustained brain injuries must have a working knowledge of this current technology…

Brain injury cases are often long, contentious and intrusive ordeals for our clients, individuals who have suffered brain injuries. Typical defense tactics include: (1) subpoening every prior medical or other record it can find regarding our clients; (2) requesting that our clients undergo defense medical examinations by experts who usually have a track record of opining that someone’s problems are not the result of a brain injury; (3) conducting surveillance of our clients by private investigators; (4) interviewing acquaintances of our clients, and discussing our clients’ brain injuries and cases with them; and (5) combining these efforts and others to find a theory, other than the brain injury, which the defense can sell to the jury to explain our clients’ problems…