Personal Injury

What Caused Elvis’s Death? What Part Did Minor Traumatic Brain Injury Play?

August 7, 2017 No Comments

My family and I visited Memphis this summer. Since this year is the 40th anniversary of Elvis’s death, we made it a priority to tour Graceland. It was a first for all of us, and we had a great time. While touring Elvis’s private residence, I started wondering about the actual facts and circumstances of his death. So I googled it. What I found was very interesting and it caused me to ask the question: What really caused Elvis’s death? Over the past 40 years, there has been a lot of speculation about what led to Elvis’s death. Was it a simple heart attack? A drug overdose? It’s no secret that Elvis indulged in drug use, especially during the later years of his life. It’s also no secret that he had serious health problems for the last 10 years of his life. He suffered from hypertension, Cushing’s disease and high cholesterol, among other things. He was hospitalized and treated on multiple occasions for a variety of health issues. His history of health problems and drug use have made the conclusions of a drug overdose or a heart attack seemingly obvious for decades. But was there something the doctors were missing? Is there another piece to this puzzle? At least one doctor, Dr. Forest Tennant, who has extensively researched Elvis’s death and traumatic brain injuries (TBIs), thinks so. (insert link to article) As I learned while reading this article, standing in Elvis’s famed Jungle Room, Dr. Tennant concludes that head trauma suffered by Elvis was downplayed and could have been the root cause of his death. There are at least 4 documented instances of Elvis suffering head trauma as an adult. While some of those instances may seem minor, it’s important to note that even minor brain damage from head traumas can lead to significant consequences. In 1956, Elvis was knocked in the head during a fight at a gas station. Also in 1956, Elvis was struck in the head by a man at a hotel bar. In 1958, he was repeatedly knocked down throughout some rough roller skating “war games”; these were so rough that Elvis provided each player with an oxycodone/aspirin pill. The last, and most severe, head trauma occurred in 1967 when Elvis fell and hit his head hard on a porcelain bathtub and was knocked unconscious. After these incidents, as we now know is common with even mild traumatic brain injuries, Elvis’s behavior changed. He became erratic and irrational. He would refuse to bathe, take unknown pills, and complain of headaches, insomnia and pain all over. Elvis’s decline in health and increase in drug abuse may be attributed in large part to having suffered a TBI. Similarly, some of the health issues Elvis suffered, including infections and pain, may have stemmed from Autoimmune Inflammatory Disease that developed or was accelerated as a result of his head traumas. Autoimmune Inflammatory Disease occurs when brain tissue is leaked into the general blood circulation. This tissue is toxic to the rest of the body and when leaked, the antibodies start attacking normal tissue throughout the body. This can cause pain all over the body, including the spine, joints and muscles. It’s possible Elvis was using drugs to self-medicate and manage this pain. If Elvis or his family had known he was suffering from an autoimmune disease, brought on by traumatic brain injuries, is it possible he could have received treatment rather than relying on drugs to self-medicate? Could he have been saved? While we can’t change history, we can learn from the past and work to prevent others from suffering the same fate in the future by knowing the facts about TBI. TBIs can cause paranoia, reclusive behavior, poor hygiene, hostility and drug use. An Autoimmune Inflammatory Disease can cause headaches as well as pain throughout the body, and many patients are misdiagnosed with fibromyalgia. If you or a loved one has suffered head trauma, whether from a car crash or motorcycle wreck, or from a fall, be aware of the symptoms of traumatic brain injury and make sure to receive a full and complete workup and diagnosis.

Ten Tips to Reduce Pedestrian Related Traffic Accidents

June 1, 2017 No Comments

The weather in Kansas City is perfect this time of year. You can feel the first hints of summer around the corner but without the overbearing humidity that will inevitably hammer us in July and August. It’s only natural we take every opportunity to be outside; walking the dog, window shopping on the Plaza, or enjoying Crossroads First Fridays. As more of us take to the streets though, the chance of pedestrian related traffic accidents goes up. The likelihood of significant personal injury or death is much greater in motor vehicle crashes involving a pedestrian. The Missouri Department of Transportation recently reported 83 pedestrian fatalities in Missouri in 2016. This number represents nearly 10% of all traffic fatalities in Missouri for the year. Here are a few seemingly simple tips to help reduce pedestrian related traffic accidents. 1. Put your phone away. Don’t walk near roadways, in crosswalks, or in parking lots with your head down focused on texting or playing games. It’s much easier to get out of the way of a driver that doesn’t see you when you’re not engrossed in the latest cat video. 2. Stay in your vehicle. If your car becomes disabled on the roadway, stay inside it whenever possible. Wait for help to arrive. Drivers are more likely to see your car than they are to see you standing outside of it. If you must leave your vehicle, please remember to turn on your emergency flashers, and keep a constant lookout for oncoming traffic. 3. Look both ways before you cross the street. That good old rule you learned from your mom when you were five still applies. She may not be standing there to hold your hand as you cross, but hopefully she’s in your head reminding you of this little nugget. Don’t assume because the crosswalk signal flashes ok to go that traffic coming either direction has stopped for you to cross. 4. Make sure you’re visible. Just because you can see a vehicle, doesn’t mean the driver can see you. This is especially true at night. Walk in lighted, pedestrian designated areas whenever possible. Wear light colored or reflective clothing at night. Be aware of obstacles that may make it hard for a driver to see you such as bushes or parked cars. 5. Avoid alcohol consumption. Almost half of car crashes that involve a pedestrian casualty also involved alcohol consumption – a third of which, the alcohol consumption was on the part of the pedestrian. Remember that alcohol can impair reflexes and decision-making ability both behind the wheel as well as on your feet. 6. Use crosswalks. Even if you don’t see any cars coming, it’s best to wait to cross the street until you are at a crosswalk. Crosswalks are where drivers are most likely to expect to see pedestrians and are the safest place to enter the roadway. 7. Make eye contact. Even when you have the right of way, never assume the driver will allow you to go first. Making eye contact with the driver will ensure that they see you before you enter the roadway. 8. Walk on the sidewalk. If a sidewalk is unavailable, you should walk on the shoulder of the road and face traffic. 9. Beware of parked vehicles. Parked vehicles can be dangerous themselves. Ensure the car is parked and the driver is not about to drive. Do not enter roadways near parked vehicles – they can obstruct other drivers’ views of pedestrians. 10. Walk defensively. Always be aware of your surroundings and expect the unexpected. Use particular caution when walking across a driveway or alleyway where drivers may not be expecting to see pedestrians. As you get out to enjoy this beautiful weather, remember these 10 tips and share them with your friends and family to help us keep Kansas City safe for both drivers and pedestrians.

Drunk Driving Causes 27 Deaths Each Day in the US

April 24, 2017 No Comments

Each day drunk driving causes 27 deaths in the United States. That’s 27 deaths each day that are 100% preventable. Here’s how you can help prevent drunk driving, whether you are attending or hosting a party. If you’re hosting a party, you should… Offer non-alcoholic beverages; Serve plenty of food; and Arrange for transportation for guests – plan for a sober driver to be available, call a cab for guests, etc. If you’re attending a party, remember… Don’t drink, or arrange for a sober driver ahead of time; Don’t let others drive when impaired; remember, when talking with an impaired individual, you should speak slowly, remain non-confrontational, and offer alternatives to driving; and Report drunk driving to 911 as soon as possible. Drunk driving occurs all around us, not just at parties. In addition to preventing family, friends and acquaintances from driving drunk, you should report drunk driving on the road. Some of the signs of drunk driving include: Weaving, swerving or drifting over the center line; Driving on the wrong side of the road; Driving at a slow speed; Stopping for no reason; Erratic braking or accelerating; Driving without headlights at night; and Tailgating. If you see a drunk driver, you should… Stay a safe distance from the vehicle. Do not interact with the driver – do not attempt to pass the driver or signal the driver to pull over. Remember, this person may be impaired. Further distracting a drunk driver could result in a crash. Note the make, model and color of the car along with the license plate. Pull over, call 911 and report the location of the car and the description of the vehicle. You can also educate your social networks on the dangers and consequences of drunk driving. What are those dangers and consequences? Injuring yourself and others; Causing the death of yourself and others; Causing damage to property including cars, homes, and other property; and Criminal consequences including license suspension, jail time and fines. While some of these tips may seem obvious, they aren’t always comfortable to follow. Refusing to allow someone to drive impaired may cause them to become angry with you. You may worry about getting the driver in trouble by reporting drunk driving. The alternative, however, could be much worse.

Who is At Fault for a Car Accident in Bad Weather?

December 16, 2016 No Comments

We all know Kansas City weather can turn on a dime. I was golfing a few weeks ago and scraping ice off the windshields last week. When winter weather strikes, it can catch Missouri drivers off guard. Black ice, rapidly changing road conditions, and limited visibility can contribute to drivers losing control and causing an accident, resulting in serious personal injury and even death. But who is really at fault for a car accident during snow or ice conditions? The nasty winter weather, or the driver operating the vehicle in that weather? Weather conditions are just one factor to consider in determining fault, and assessing your ability to recover, if you are injured in a car or truck accident during bad weather. Fault in Missouri is based on a finding of negligence against one or more drivers involved. Negligence regarding operation of a motor vehicle is defined as “the failure to use the highest degree of care”. R.S.Mo. § 304.012 – Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care. Have you ever heard someone involved in a car accident during a snow or ice storm say, “There was nothing I could do! The roads were so slick!”? Despite what they may say or believe, slick roads are usually not the ultimate cause of an accident. Some other factors they may not be considering include: Was the driver caught in a snow or ice storm unexpectedly, or have the weather conditions actually existed all day? Was the driver following the car in front too closely for the conditions? Was the driver going too fast for the conditions on the roadway? Was the driver using his or her phone at the time of the accident? Are the driver’s vehicle and tires in good working condition for the winter weather roads? Although snow and ice are a factor to consider when determining fault, they are only one factor among many. An experienced personal injury lawyer will be able to ask the right questions to determine the relevant facts specific to your accident, and not let a negligent driver get away with blaming it on the weather.

Reduce Your Risk of Traumatic Brain Injury in a Bike Accident

September 9, 2016 No Comments

When a car and bicycle collide, the injuries to the bike rider can be catastrophic. According to the Insurance Institute for Highway Safety, in a majority of bicyclist deaths the most serious injuries are to the head. Recent studies show that wearing a bike helmet can significantly reduce your risk of suffering a traumatic brain injury in a bike accident. 2014 Bicycle Accident Statistics Kansas Department of Transportation reports 299 bike accidents resulted in injury including 7 fatalities. Missouri Department of Transportation reports 495 bike accidents resulted in injury including 4 fatalities. Nationally, 720 bicyclists were killed in crashes with motor vehicles. Of those, 429 riders were not wearing a helmet compared to only 118 deaths when a bike helmet was worn. A study reported in the American Journal of Surgery reviewed data on 6,267 individuals injured in bicycle accidents. Approximately 25% of the individuals studied were wearing a bike helmet at the time of their accident. 52% of all individuals studied suffered severe traumatic brain injury. The study concluded that wearing a bike helmet can reduce the risk of severe TBI by more than 50%, and reduce the risk of death from head injury by 44%. You can read all the findings of the study here. It makes sense, doesn’t it, that any protection on your head is better than no protection? So why do so many riders choose not to wear a bike helmet? Sadly, an oft cited reason is because bike helmets aren’t cool. You know what else isn’t cool? Having to wear your sunglasses inside, or being unable to shop at grocery stores, because your traumatic brain injury causes a painful sensitivity to light. Is a bike helmet too uncomfortable? Do you know what else is uncomfortable? Chronic pain, memory loss, constant vertigo, or debilitating personality changes, all of which can result from even a minor traumatic brain injury. We encourage everyone to check out www.biausa.org/living-with-brain-injury.htm for a description of more symptoms and complications that people suffering from traumatic brain injury face every day. Then ask yourself whether riding your bike without a helmet is worth the risk. If you need to speak to a lawyer because of injuries suffered in a bicycle collision with a car, truck, or motorcycle, contact one of the brain injury attorneys at Morefield Speicher Bachman, LC for a free one-hour consultation.

Neck Injury – Sometimes It’s Not “Just Whiplash”

June 3, 2016 No Comments

What is Whiplash? Whiplash is one of the most common personal injury diagnoses following a car accident. When an ER doctor examines a patient complaining of neck and/or upper back pain following any type of automobile accident, and there are no obvious bleeding or broken bones, the common course of evaluation is cervical x-rays and/or thoracic x-rays, and then a written prescription for pills. Most ER doctors will also hand out an informational pamphlet that essentially says “Give it a few days, rest up, and you’ll be fine.” And sometimes that’s true. But more often than the insurance communities want to admit, it’s not. Mayo Clinic defines whiplash as “a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip.” Ouch. But our bodies are amazing creations, and when given the opportunity through physical therapy and rest, they can sometimes recover from this type of trauma to the bones, muscles, ligaments and tissues that keep our heads attached to the rest of our body. Unfortunately, many people are not so lucky and there are many significant injuries that can result from what is often minimized as “just whiplash.” Some of those conditions include bulging, herniated, or ruptured discs, spinal fractures, and concussions or traumatic brain injuries. Another lesser known injury that most often results in chronic neck pain and headaches is known as ligament laxity. Ligament Laxity Our necks are marvelous works of engineering, and are comprised of dozens of muscles, ligaments, and tendons that all work together to keep our neck and head in proper alignment to prevent pain from undue pressure on our spinal discs, nerve impingement, and other potential complications. Two of the most important, yet least known or discussed, are the Alar Ligaments and their accessory (supporting) ligaments. These ligaments work like finely tuned rubber bands that maintain just the right amount of tension to allow full movement of the upper neck, but not too much movement. When those ligaments are violently whipped and stretched beyond their capacity, they can’t always recover. Just like a rubber band that’s lost its full elasticity and can’t hold your pile of papers together anymore, ligaments that are violently whipped and stretched too far can lose their proper tension and become lax. This allows for the development of a host of cascading problems in the movement and function of the upper neck, many of which can lead to undiagnosed chronic pain. I have represented many clients suffering from chronic neck pain caused by a car, truck, or motorcycle accident. The key to their recovery was a complete diagnosis. If you are suffering from chronic neck pain, headaches, or loss of balance when turning or tilting your head, or any other symptoms that started with a car accident and haven’t healed, we encourage you to talk to a doctor or chiropractor about undergoing a digital motion x-ray to better evaluate the source of your injuries. There’s a good chance it’s not “just whiplash”.