In this Blog category you will find articles about accidents that result in brain injuries and how to avoid them. Personal Injury suits and insurance claims may require the help of an attorney. A good lawyer can protect your rights under the law.

Ski Accidents Can Lead to Traumatic Brain Injuries

TBI Lawyers Portland

Skiing is a favorite pastime of many people in and around the Portland area. Whether you take your family up for a week-long ski vacation or try to make it to the mountains as much as possible throughout the season, skiing is a rewarding activity. Unfortunately, skiing can also be risky and result in accidents and injuries.

Ski accidents result in a wide variety of injuries, including fractures, soft tissue tears, lacerations, and more. One common – yet worrisome – ski injury is a traumatic brain injury (TBI). TBIs can […]

By |May 29th, 2018|Brain Injury|

Top 4 Things Those with TBI Want Others to Know

March is National Brain Injury Awareness Month. At Rizk Law, we frequently help those who have survived brain injuries recover the compensation they need to carry on with their lives to the best of their ability. Traumatic brain injuries are among the most severe injuries incurred by a devastating accident such as a car accident or slip-and-fall. This year, we want to discuss the top things we have learned from TBI survivors about what they want others to know about their condition. […]

By |March 5th, 2018|Brain Injury|

Requests for Production (Rizk Law Mini-Series EP02)

In this video short, join Rizk Law’s paralegal, Don Nash, as he briefly introduces the Request for Production document, an important aspect of any litigation. Whether you are a potential client with a recent injury, or you are unfamiliar with the process of resolving your claim for an injury, Don will have some useful tips.

Simple Test for CTE Could Be a Game Changer for Contact Sports

CTE Brain








Until now, Chronic Traumatic Encephalopathy (CTE), a progressive brain disease linked to repetitive head trauma from rough sports, military service and abuse has only been diagnosed after death. Scientists at Boston University’s CTE Center have recently identified a protein in brain tissue and cerebrospinal fluid that is higher in brain samples and spinal fluid of people with diagnosed CTE, which may enable doctors to diagnose CTE in living patients.

“The whole playing field changes because once there’s a way to diagnose CTE before death, we can start to evaluate different […]

By |October 1st, 2017|Brain Injury|

What Determines the Cost of a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a life-altering and costly event. Those who have had severe or repeated traumatic brain injuries may have long-lasting problems with movement, learning, or speaking, which require full initial and ongoing assessment and care. Due to the expense of obtaining assessment, evaluation, and ongoing treatment of these cases, high-dollar verdicts in traumatic brain injury (TBI) cases can reach the six- and seven-figure level.

Making the Case for TBI Reimbursement

To prepare for negotiation with defendants and insurers in court or at settlement, a plaintiff’s lawyer receiving a TBI case must produce a Cost of Future Care report, also called a Future Care Assessment or a Life Care Plan to determine the limitations and losses of the client-patient. The Cost of Future Care report considers the severity of the TBI which has been established through assessment tests, and legal reports, medical opinions and technical accident details. To produce a long term needs analysis, the lawyer then researches and consults with relevant experts regarding the client’s prognosis.

Screening and Assessment to Determine Extent of TBI Injury

A doctor initially examining a TBI patient will ask questions to test the patient’s ability to pay attention, learn, remember and solve problems, and will check the patient’s reflexes, strength, balance, coordination and sensation. The doctor may also order imaging tests, such as a CT scan or an MRI to visually assess damage. Periodic, ongoing assessment for months or longer of those with a TBI is important to monitor responses to rehabilitation and to life after the injury.

Once a diagnosis of traumatic brain injury has been established, further screening assessments are performed to evaluate the extent of damage and assist in establishing a comprehensive treatment plan. Screening is conducted by a speech-language pathologist, audiologist, or other professionals.

A speech-language pathologist tests a TBI patient’s speech, language, communication, and swallowing. The speech-language pathologist may also perform a hearing screening. If the patient shows hearing loss, an audiologist may be added to the screening team to further assess hearing loss.

Since depression can be a consequence of neurological damage or part of post-traumatic stress disorder, which often accompanies a TBI, if signs and symptoms of depression are present or suspected, the patient is referred to a neuropsychologist, clinical psychologist, or psychiatrist for further assessment.


By |May 20th, 2017|Brain Injury|

Studies Show Soccer Hits Cause Traumatic Brain Injury

Awareness of the link between concussions in sports activities began when former football players committed suicide after suffering the effects of traumatic brain injury on the field. New data shows that soccer players are also at high risk for traumatic brain injury.

Hockey, lacrosse, boxing, baseball, skateboarding, skiing, and horseback riding expose players to head injury, but soccer players are at greater risk of suffering degenerative damage, due to the number of repeated hits to the head.

Whether in practice games or competition, soccer players who frequently “head” the ball are three times more likely to have concussion symptoms than players who don’t experience large numbers of headers, according to a study published in the journal Neurology. When a bump or jolt to the head or a hit to the body causes the head and brain to move rapidly back and forth, the brain bounces against the inside of the skull. Soccer players routinely experience a large number of head-to-head collisions, head-to-knee collisions, and head-to-field collisions on the field, with the potential for repetitive concussions.

Research Reveals Brain Damage from Soccer Heading and Collisions

Researchers from the University College London and Britain’s National Hospital for Neurology and Neurosurgery studied 14 brains of former soccer players who developed dementia and had signs of Alzheimer’s disease. Of those 14 studied, 4 (29 percent) had chronic traumatic encephalopathy (CTE) pathology, a consequence of repeated impacts to the brain, including heading the ball and concussion from head-to-head collisions. A previous study of 268 brains from the general population in Britain found a far lower CTE detection rate of only 12 percent. Earlier studies, where researchers compared soccer players to swimmers showed that swimmers’ brains looked perfectly normal while soccer players’ brains had abnormalities in the white matter fiber tracts that carry messages throughout the brain. If the brain is violently shaken enough, there tends to be disruption of those fiber tracts. Another study from Purdue University found that heading of goal kicks and hard shots are as damaging as helmet-to-helmet impact in football.

When Is Concussion More Likely to Occur

A number of biological factors determine whether or not a hit to the head will lead to a concussion:

  • How many concussions a person has had before
  • How severe those previous concussions were and how close together they occurred
  • Neck strength (a strong neck supporting the head reduces the chance of concussion)
  • Hydration status (if you are dehydrated you are more likely to have a concussion)
  • Gender (women are more easily concussed than men)
  • Age (it is easier to concuss at an earlier age than at an adult age and recovery is slower)

Myelin that coats white matter fibers carrying brain messages is not as thick and strong in youngsters as in adults. Youngsters also have bigger heads in proportion to their bodies with very weak necks, compared to adults, giving them a bobblehead-doll effect that tends to cause damage.


By |April 24th, 2017|Brain Injury|

Can Microwaves Be Used to Diagnose Bleeding from TBI?

Stroke-detecting technology using microwaves shows promise in detecting intracranial bleeding from traumatic brain injury. 

Treatment for severe traumatic brain injuries (TBIs) characterized by bleeding in the brain (intracranial) requires opening the skull to release pressure and remove clotted blood, called a hematoma. The survival rate is only ten percent if the hematoma is not removed within four hours. Getting a patient with an intracranial hematoma to a neurosurgical center with radiology facilities for a CT scan in the shortest amount of time then becomes a matter of life and death.

“It’s not so much an issue of being able to do more for them (TBI patients) pre-hospital wise, it’s a question of triage, of transporting them to the right hospital, and that’s a huge problem,” said Mikal Elam, chair of clinical neurophysiology at the University of Gothenburg.

Stroke Detecting Device May Detect Hematoma from TBI

The goal has been to find a portable device to detect bleeding from TBI at low cost to convey diagnostic information in a fast, non-invasive, and safe manner. Researchers at Chalmers University of Technology in Sweden are now considering applying an already existing, light-weight (under 10 pounds), portable stroke-detecting device called a Strokefinder to quickly diagnose intracranial bleeding at the site of a traumatic brain injury.

Built by Medfield Diagnostics, the Strokefinder is a tool already used to differentiate between strokes without a clot blocking blood flow and those that involve bleeding. Medfield is collaborating with Chalmers’ and Gothenburg’s Sahlgrenska University Hospital on projects featuring the Strokefinder, believing doctors there would have a better idea of what they need than engineers at the company.

Here’s How It Works

The Strokefinder device a patient’s head is placed inside has eight microwave antennas on it, each one firing a small amount of microwave radiation through the brain (between 1/100th and 1/10th what you receive from a cell phone conversation), while the other antennas pick it up. The process is repeated at several different frequencies. The microwaves quietly progress through the tissue in different ways, depending on the consistency of the tissue, and are then filtered via an algorithm instead of an image, to enable the hematoma to stand out as either a stroke or a TBI. The patient can’t feel it working, and the entire process takes only 45 seconds. Once a hematoma is detected, the patient can be quickly transported to the correct hospital with a neurosurgical center.


By |April 21st, 2017|Brain Injury|

Update on Youth Sports Concussion State Laws

Since Washington State passed the Zachery Lystedt law in 2009, each state has enacted legislation to protect young athletes from the risks associated with concussion in sport.

On October 2006, 13-year old Zachery Lystedt collapsed from a traumatic brain injury when he was allowed back into the game just fifteen minutes after suffering from a concussion and then spent months in a coma followed by years of rehabilitation. As a result of that event, Washington State enacted the first youth sports concussion safety law to address management in youth athletics, called the Zachery Lystedt law.

The key provisions of the Zachery Lystedt law are:

  • School districts board of directors and state interscholastic activities associations must develop concussion guidelines and education programs.
  • Youth athletes and a parent and/or guardian must sign and return a concussion and head injury information sheet on a yearly basis before the athlete’s first practice or before being allowed to compete.
  • Youth athletes suspected of having sustained a concussion in a practice or game must be immediately removed from competition.
  • Youth athletes who have been taken out of a game because of suspected concussion are not allowed to return to play until after:
    • Being evaluated by a health care provider with specific training in the evaluation and management of concussions
    • Receiving written clearance to return to plan from that health care provider
  • A school district complying with the law is immune from liability for injury or death of an athlete participating in a private, non-profit youth sports program due to action or inaction of persons employed by or under contract with the sports program if:
    • The action or inaction occurs on school property.
    • The non-profit provides proof of insurance.
    • The non-profit provides a statement of compliance with the policies for management of concussion and head injury in youth sports.

NFL Commissioner Urges State Governors to Enact Youth Concussion Laws

Following passage of the Zachery Lystedt law, in the spring of 2010, NFL Commissioner Roger Goodell sent a letter to 77 U.S. Governors to encourage them to push for concussion legislation to protect youth athletes in their states.

He said: “Given our experience at the professional level, we believe a similar approach is appropriate when dealing with concussions in all youth sports.  That is why the NFL and its clubs urge you to support legislation that would better protect your state’s young athletes by mandating a more formal and aggressive approach to the treatment of concussions.” 

States Pass Youth Concussion Laws Modeled after Zachery Lystedt Law

By 2013, all states except Mississippi had enacted youth sports concussion safety laws modeled after Washington State’s Zachery Lystedt law. Finally, in 2014 Mississippi became the 50th state to respond by passing legislation to protect young athletes from the risks associated with concussion in sport.

The three main tenets of each state’s concussion legislation are:

  • To mandate educational outreach to coaches, parents and athletes
  • To mandate immediate removal from play of any athlete who sustains a concussion or who exhibits signs, symptoms or behaviors consistent with the injury
  • To only allow those athletes who exhibit such signs, symptoms, or behaviors to return to physical activity after receiving written clearance from an appropriate health care provider who is trained in concussion management

Many state laws also require parents to sign an acknowledgement form prior to allowing their child to play a contact sport after they have received information on concussion and acknowledged concussion risks involved with that sport.

Although nearly all laws include those three tenets, based on their own individual needs, many state laws vary on what sport programs must comply, what penalties exist for those who do not comply, and what medical providers are “appropriate” to make return to play decisions.


By |April 17th, 2017|Brain Injury|

EPA Refuses to Ban Toxic Pesticide Chlorpyrifos

Dangers of Pesticide Chlorpyrifos

On March 29, 2017, the U.S. Environmental Protection Agency (EPA) issued a statement refusing to ban chlorpyrifos used in agriculture. For decades, corn, wheat, apples and citrus have been sprayed with chlorpyrifos, shown to cause permanent brain and nerve damage in children. The EPA even admits this, but under chemical industry pressure still refuses to remove the product.

Environmental groups have repeatedly pushed the EPA to ban the organophosphate pesticide chlorpyrifos, known to harm health, water and wildlife. Following the EPA’s March refusal to ban this hazardous chemical, on April 5, 2017 the environmental group Earthjustice, representing Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC), asked the U.S. Court of Appeals for the Ninth Circuit to direct the EPA to act within 30 days to ban all uses of chlorpyrifos, based on the agency’s repeated findings that the pesticide is unsafe.

Organophosphates were developed by the Nazis during World War II as nerve gas agents. Chlorpyrifos is an organophosphate that in 1965 was registered as an insecticide in the U.S. by Dow Chemical Company for both agricultural and residential use to damage the nervous system of insects. Unfortunately, it has the same effect on humans exposed to it.  

The 1996 Food Quality Protection Act (FQPA), passed unanimously in Congress, is a health-based standard that requires the EPA to protect children from unsafe exposures to pesticides. The FQPA requires the EPA to ensure with reasonable certainty that “no harm will result to infants and children from aggregate exposure” to pesticides. If the EPA cannot ensure that a pesticide won’t harm children, the law requires the EPA to ban uses of the pesticide.

Chlorpyrifos, due to its toxicity was banned for home use in the U.S. in 2000. Before that, it was used to treat carpets and in flea bombs and termiticides. Chlorpyrifos is harmful if it is touched, inhaled, or eaten. Even low-dose exposure to organophosphates has been found to harm brain development in children, leading to higher risk of disorders like autism. Prenatal exposures to chlorpyrifos are associated with lower birth weight, reduced IQ, loss of working memory, attention disorders, and delayed motor development.

Chlorpyrifos exposure may lead to acute toxicity at higher doses. Persistent health effects follow acute poisoning or from long-term exposure to low doses, and developmental effects appear in fetuses and children even at very small doses.

In 2007, Pesticide Action Network of North America (PANNA) and Natural Resources Defense Council (NRDC) filed a petition with the EPA seeking a chlorpyrifos agricultural ban based on growing evidence of risks and harm that would eliminate all uses of the pesticide. Seven years and several lawsuits and delays later, the EPA had still not taken action on the petition. In September, 2014 on behalf of PANNA and NRDC, Earthjustice filed a petition in the Ninth Circuit Court of Appeals compelling the EPA to act on the petition. Finally, on October 31, 2015, the court ordered the EPA to issue a final response to the petition. Under pressure from chemical lobbyists, the deadline was not met, causing the court in August, 2016 to tell the EPA to take final action on the petition by March 31, 2017, which on March 29, 2017 it refused to do.


By |April 16th, 2017|Brain Injury|

Jury Awards Woman $20.5 Million in Akorn Drug Maker Lawsuit

Akorn Methylene Blue Lawsuit

The 2017 lawsuit stated that Akorn Pharmaceuticals failed to note in its prescription warning labeling that its drug methylene blue would react adversely with antidepressant Effexor UR, which the woman was already taking when she was given methylene blue during a surgery. The adverse drug interaction caused her to go into a coma and suffer permanent brain damage.

FDA Drug Labeling Requirements

In 2006, the Federal Drug Administration (FDA) issued a prescription drug product labeling guidance for industry Drug makers, requiring them to list any adverse reactions that occur with a drug and with drugs in the same pharmacologically active and chemically related class. This is to ensure that information about adverse reactions are readily accessible for health care practitioners, to make correct prescribing decisions.

Drug makers and distributors are required to submit documentation about their products to the FDA. Product documentation must contain a summary of essential scientific information needed for the safe and effective use of the drug. The FDA then returns data from drug maker submissions to use for product labeling, including when to use the product and adverse reactions to it when used alone or with drugs in the same pharmacologically active and chemically related class.

Reported Adverse Events Trigger Methylene Blue Warning

Following adverse event reports from the FDA Adverse Event Reporting System (AERS) of serious central nervous system (CNS) reactions in patients administered methylene blue who were also taking serotonergic psychiatric medications, in 2011 the Federal Drug Administration (FDA) warned that “methylene blue should generally not be given to patients taking serotonergic drugs (antidepressants).” Reported adverse events were lethargy, confusion, delirium, agitation, aggression, and coma. They were frequently accompanied by the following neurological symptoms: muscle spasms, loss of ability to communicate, seizures, fever, and high blood pressure.

The FDA reports indicated that methylene blue could adversely react with serotonin-norepinephrine reuptake inhibitors (SNRIs) and other monoamine oxidase inhibitors (MAOIs) and psychiatric drugs, including Paxil, Zoloft, Prozac, Lexapro, Cymbalta, Celexa, Effexor, Wellbutrin, and Zyban.

Methylene Blue with Antidepressants Causes Serotonin Syndrome

Methylene blue inhibits the action of monoamine oxidase-A, an enzyme that breaks down serotonin, a naturally-occurring chemical in the brain that acts as an antidepressant. The FDA concluded that methylene blue administered along with antidepressants causes high levels of serotonin to build up in the brain, creating what is known as Serotonin Syndrome. Signs and symptoms of Serotonin Syndrome include mental changes (confusion, hyperactivity, and memory problems), muscle twitching, excessive sweating, shivering or shaking, diarrhea, trouble with coordination, and/or fever.


By |April 9th, 2017|Brain Injury|