Litigating Spinal Cord and Brain Injury Cases pt. 1
Let’s face it, cases involving spinal cord injury are major commitments requiring a significant investment both of attorney time and resource. A spinal cord injury is a catastrophic event, impacting upon the life of the survivor as well as his/her family. Damages in any catastrophic case are extensive, and this is no less true in a case involving spinal cord injury. Yet, speak to any seasoned trial lawyer, and you will learn that the problems associated with trial of a spinal cord injury case can be numerous, and potentially life threatening to the plaintiff.
Trial lawyers representing individuals rendered quadriplegic or paraplegic as a result of the tortious conduct of others will undoubtedly face a host of problems not encountered in other personal injury actions. Perhaps the most difficult issues to address involve potentially life shortening sequelae, including medical problems such as respiratory impairments (respirator needs), physical impairments (sensory and motor losses), bowel and bladder impairments (suppositories, catheter and bag use), pressure sores (decubitus ulcers, ischemic ulcers, etc.), and often severe depression and other psychosocial impairment.
This article will explore how counsel may best evaluate spinal cord injury cases within the context of damages and rehabilitation.
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BIOMECHANICS/ETIOLOGY OF INJURY
Spinal cord injury results from an insult to the spinal cord. The insult can be from direct external physical harm (severed cord, crushed cord, compression injuries, vertebral dislocation/fracture, etc.), as well as indirect harm (compression resulting from adjacent hemorrhage, disturbance in blood supply resulting in infarction, hemorrhagic applied pressure). Whatever the mechanism of insult, the result is usually paraplegia or quadriplegia.
Paraplegia results from injury or insult to the thoracic, lumbar or sacral areas of the spinal cord. Survivors with paraplegia generally lose physical and sensory capability (movement and feeling) in lower areas of the body (typically waist and lower).
Quadriplegia results from injury or insult to the cervical area of the spinal cord. Survivors with quadriplegia generally lose physical and sensory capability (movement and feeling) in both upper and lower areas of the body. Impairment extends to all four limbs.
Spinal cord injuries are described as “complete” (abrogation of nerve signals passing below the level of insult), or “incomplete” (abrogation of some of the signals passing below level of insult). The point on the cord below which there is decreased sensation or movement is described as the level of injury.
Spinal cord injuries result from a plethora of tragedies, including motor vehicle accidents, medical negligence, slip and falls, construction accidents, disease, excessive force, sports accidents, and other causes. Due to the potentially exhaustless list of insult resulting causes, liability concerns will vary widely, and cannot be addressed herein. Suffice it to say, however, liability must be carefully examined at the outset, before counsel ever signs the case. Predictably, younger males (15 to 28 year olds) are at greater risk and account for the majority of spinal cord injuries.
